P00005_16.03_JOFOC_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

J&A-22-00108

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) in accordance with the requirements of FAR 6.303-1.

The justification for the use of the statutory authority under FAR Subpart 6.302-1 is based on the following facts and rationale required under FAR 6.303-2 as follows.

1. Agency and Contracting Activity.

The U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Acquisition Management, proposes to enter into a contract on behalf of HSI Headquarters, Operational Technology and Cyber Division, Technical Operations Unit (TechOps) on a basis of other than full and open competition.

2. Nature and/or description of the action being approved.

(a) Type of action: Firm-fixed price purchase order modification

(b) Amount the current J&A is justifying: $

(c) Brief Description: OAQ procured, on a sole source basis, continuing service of the existing Video Evidence Collection and Distribution System (VECADS) under contract HSCEMD-14-C-00003, which provides software licenses, hardware, and personnel support of the VECADS. The previous VECADS service contract is 70CMSD20P00000039, and the same vendor, Airship, is still providing services under contract 70CMSD21P00000013. This action is being taken pursuant to the authority of FAR 6.3. The vendor listed below is the only company that can provide the required services to ensure no lapse in video collection abilities between the VECADS contract and the next iteration contract, Video Evidence Collection System (VECS).

Current Vendor:

JDL Digital Systems (dba Airship) 15369 NE 90th St Redmond, WA 98052

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

This requirement provides an interim vehicle between the existing contract for VECADS, which will end May 31, 2022, due to an additional one (1) month already being added to the contract, from the original ending date of April 30, 2022. The current VECADS contract, 70CMSD21P00000013, was awarded with a base period of four (4) months of service continuity plus eight (8) additional 1-month option periods, and an extra one (1) month of support, May 1, 2022 – May 31, 2022. Due to difficulties in deploying the replacement system, VECS, HSI is requesting an additional extra one (1) month, plus two (2)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Government to continue receiving the VECADS software from Airship for an additional one

(1) month plus two (2) month options (three (3) months total).

HSI awarded two contracts, VECS Hardware 70CMSD21FR0000141 and VECS Software 70CMSD21FR0000209, to replace the current VECADS contract, 70CMSD21P00000013.

The VECS Hardware contract was not fulfilled during the initial term of the contract, ending November 11, 2021, due to supply chain issues caused by the COVID-19 pandemic. The new period of performance was extended to April 30, 2022. Because the VECS Hardware contract was delayed, the First Article Inspection (FAI) and deployment of the VECS Software contract has been delayed as well. The Government and the vendors associated with both VECS contracts are working to deploy the replacement system in an expeditious manner and will continue to do so to avoid additional extensions. The replacement system, VECS, should have been in place by April 30, 2022. However, due to delays, it is not expected to be put into place no later than August 31, 2022. HSI is requesting an additional extension to the existing VECADS contract due to difficulties in deploying the replacement system, VECS. Given the current time frames for deployment of VECS and the mission critical requirement for the collection of video evidence, VECADS needs to remain in place till the end of August 2022.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The Government is adding an additional one (1) month period, plus two (2) month options (three (3) months total) on the existing contract to cover any lapse in service between the existing VECADS contract and the new VECS contracts. Market research for the new VMS was conducted under TechOps II and afforded several vendors the opportunity to provide system demonstrations of their product. A new vendor was selected, however, continuity for the legacy system is still required until a safe transition can occur.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The government needs to extend the VECADS contract an additional one-month, plus two-month options due to the two contracts that will replace VECADS, VECS Software 70CMSD21FR0000209 and VECS Hardware 70CMSD21FR0000141 are not fully operational. The VECS hardware contract was not fulfilled during the initial term of the contract due to supply chain issues caused by the pandemic. Because the hardware contract was delayed the FAI and deployment of the VECS software contract has been delayed as well. The government and the vendors associated with both VECS contracts are working to deploy the replacement system in an expeditious manner and will continue to do so to avoid additional extensions.

Pricing for the additional one (1) month plus two (2) month options (three (3) months total) of service will be based off of the current contract pricing of $464,590.20. This that includes all the software licenses, hardware support, and personnel support required to meet the needs of the government as noted in the SOW. As noted on the SOW, the Government intends to

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

add an additional one (1) month period, plus two (2) month option periods (three (3) months total), in addition to the existing eight (8) one (1) month option periods and extra one (1) month period. The Contracting Officer will conduct price analysis to determine whether the proposed price for the additional one-month period, plus two-month option periods are fair and reasonable based on comparative historical pricing previously paid for these services.

8. Description of market research and the results.

Based on professional technical and historical knowledge of the vendor, system capabilities and the contracts issued in support of the current VECADS service continuity, HSI has determined that only JDL Digital Systems, Inc. (dba Airship) can meet the needs of the government as specified in the SOW. The VECADS system has been in place for several years and HSI employees have gained a full understanding of the system. The current VECADS software is proprietary to Airship, no other vendor can supply the licenses required in order for HSI to continue to employ VECADS. Additionally, Airship is the only currently cleared vendor who can provide support of the VECADS specific software as needed to support mission. While Airship is the only vendor who can provide the components as listed in the SOW, HSI has conducted market research to assist the Contracting Officer with fair and reasonable determination. Market research yielded the anticipated costs to the government to be in line with expectations.

9. Any other facts supporting the justification.

This justification covers the needed additional one (1) month, plus two (2) month option periods (three (3) months total) of service to cover any lapse between the VECADS contract and the VECS contracts. The VECS contracts are already in place and are not complete solely due to delays, with the expectation that it will be fully operational no later than August 31, 2022.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

None.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

The new VECS contracts, 70CMSD21FR0000141 and 70CMSD21FR0000209, have already been awarded on a competitive basis. The deliverables are delayed, which is the reason for this additional (1) month, plus two (2) month option periods (three (3) months total) of service.