Oritain Sole Source Justification Fully Approved.pdf

Attachment 2 U.S. Customs and Border Protection

Sole Source Determination For actions above the micro-purchase threshold but not exceeding the SAT

Date: July 16, 2020 PR Number: 20121253

1. Nature and/or description of the item/service being procured and anticipated cost:

U.S. Customs and Border Protection, Office of Trade, is requesting a sole source acquisition with

Oritain USA, LLC, 157 Broad Street, Suite 300, Red Bank, NJ 07701-2013, for a technical demonstration of Oritain's capability to identify the origin of finished cotton products entering the borders of the United States. The anticipated cost for this effort is $98,750.00.

2. Sole Source Determination Rationale in accordance with FAR 13.106-1(b)(1)(i) and (ii):

The sole source determination rationale for this effort is FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. The origin of this effort is from an unsolicited proposal. The rationale for a sole source contract is to determine if

Oritain's commercially available verification of origin services for finished cotton products will support CBP’s Office of Trade’s mission to detect and verify the authenticity of products shipped into the U.S. Oritain's technology has been applied for different commercial purposes, such as detecting counterfeit and product substitution. This funded pilot study will demonstrate the application of the innovative technology to CBP for potential future trade enforcement capabilities.

In accordance with FAR 6.302-1(a)(2)(i) regarding an unsolicited research proposal, CBP has evaluated the unsolicited proposal and confirms Oritain’s capabilities demonstrates a unique and innovative concept that is not otherwise available to the Government, and does not resemble the substance of a pending competitive acquisition.

3. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106-

3(a)(2).

CBP has reviewed Oritain's detailed unsolicited proposal and determined the price for the pilot program is consistent with the scope and level of effort Oritain is to provide. As this is a unique capability and innovative concept, no date is available for previous acquisitions. Oritain provided copies of agreements and contracts with 3rd party private sector entities for similar services as documentation to show market-supported pricing for these services. While the Contract

Specialist cannot release this 3rd party contract information, the information provided confirmed the pricing offered by Oritain is fair and reasonable. Furthermore, the benefit to the government for evaluating the feasibility of Oritain's commercially available solution to enhance CBPs mission is worth the investment.

4. Technical/Requirements Personnel Certification:

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the Sole Source Determination, is accurate and complete.

Keith William Josephson

Technical Representative/Contracting Officer Representative

Office of Trade

U.S. Customs and Border Protection

5. Contracting Officer Certification/Approval:

I hereby determine that the circumstances described herein exist and that the information is accurate and complete to the best of my knowledge:

Jared A. Tritle

Contracting Officer

Mission Support Contracting Division- West

U.S. Customs and Border Protection