PR_20074851_ILS_Bridge__JA__2013_06_20_-_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (J&A)

Purchase Requisition 20074851 Integrated Logistic Support (ILS) Bridge

1. Agency and Contracting Activity.

The U.S. Customs and Border Protection (CBP)/Enforcement Technology Program (ETP) within the Enterprise Networks and Technology Support (ENTS) Division of the Office of Information and Technology (OIT) is requesting approval to enter into a contract on a basis of other than full and open competition.

2. Nature and/or Description of the Action Being Approved.

CBP has a requirement for a sole-source bridge contract for program management and integrated logistics support (ILS) services. The existing bridge contract, HSBP1012C00009, ends June 30, 2013.

This new bridge contract with CTSC, LLC will provide the mechanism to transition the existing Prime Integration Contact (PIC) from CTSC, LLC to the new competitively awarded 8(a) contractor which is to tentatively to be awarded March 2014. The name and address of the proposed contractor is as follows:

CTSC, LLC

5911 Kingstowne Village Parkway, Suite 300 Alexandria, VA 22315 POC:Barbara Doherty

3. Description of Supplies/Services.

CTSC and its subcontractors will be required to provide support for technically complex and high-value inspection, detection, and surveillance equipment systems currently used by CBP/ETP to assist in securing the land border crossings, airports, seaports, rail crossings, mail handling, and express cargo consignment facilities within the United States and participating countries. The period of performance to continue to receive these non-personal, program management, and ILS services will be a base period of nine (9) months, from July 1, 2013 to March 31, 2014, with one (1) 3 - month option period from April 1, 2014 through June 30, 2014. The estimated cost for this action is as follows:

Period Period of Performance Estimated Amount Base Period July 1, 2013 to March 31, 2014 [DELETED] Option 1 April 1, 2014 to June 30, 2014 [DELETED] Total July 1, 2013 to June 30, 2014 [DELETED]

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(2) as implemented by FAR 6.302-2 entitled “Unusual and compelling urgency.” These services are in the process of being re-competed, and a bridge contract to the incumbent contractor is needed to continue this mission-critical support.

5. Demonstration That the Nature of the Acquisition Require Use of the Authority Cited.

This sole source action is not the result of poor planning but rather it is being used as a transitional contract for the re-competed contract currently open in solicitation phase. Significant changes in the acquisition strategy for the re-competed 8(a) pursuit have led to unavoidable delays in the solicitation for this award. These include budget-driven reductions into the scope of work, and the breakout of nearly [DELETED] of the initial RFP value by segregating the subcontractor OEM Teams (4 of them) from under the incumbent prime contractor.

At this time, only CTSC possesses the experience and expertise for continued non-personal, program management and ILS services to CBP without unacceptable delays, which would be seriously detrimental to the program’s mission. CTSC has detailed and comprehensive knowledge of the CBP contractual instruments and knowledge of the CBP programs, and their unique knowledge and skills are indispensable at this point in time and to preclude an unacceptable delay in contract performance, only the incumbent contractor is able to immediately perform the required services. Any attempt to bring another vendor up-to-speed on these requirements would necessitate an unacceptable delay in the continued protection of our Nation's borders. Additionally, delays with the security process can take from 30 to 90 days; thus, increasing the overall delay.

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

A FedBizOpps notification of this sole source action will not be published, as an exemption applies at FAR 5.202(a)(2). Competition is not practicable for this action as described in Paragraph 5. However, a competitive action is being processed concurrently with this action, as described in Paragraph 2 above.

7. Determination by the Contracting Officer that the Anticipated Coat to the Government will be Fair and Reasonable.

The Contracting Officer will determine that the anticipated price is fair and reasonable based on price and cost analysis in accordance with FAR 15.404. CTSC will be required to provide certified cost or pricing data in accordance with FAR 15.403-4. In addition, a break-out of collected costs over the life of the existing contract will be used to assist in the determination that the prices being proposed for the bridge are fair and reasonable.

8. Description of Market Research.

No market research has been conducted specifically to support this bridge contract request. However, market research for the re-compete of a Prime Integration Contract (PIC) began in FY09 with a Request For Information (RFI) posted for Industry's response. This RFI yielded 25 responses. A second RFI was issued on March 18, 2011, yielding an additional six (6) responders, for a total of 31 interested responders. From the RFI responses that were received, the program office judged that roughly 15 of the vendors appeared qualified to do the work. However, this bridge effort is intended for award to the incumbent in order to ensure continuity of services until that contract can be awarded and transitioned.

9. Any Other Facts Support the Use of Other Than Full and Open Competition.

As the new 8(a) competitive award projection has been delayed until March 2014, discontinuing CTSC services for a nine-month period will significantly degrade the detection capabilities necessary for CBP officers and agents to protect our nation's borders.

10. A Listing of the Sources, If any That Expressed, In Writing an Interest In the Acquisition.

No vendors other than CTSC have expressed an interest in this urgent sole source bridge requirement.

Several vendors have expressed interest in the 8(a) recompete as described in Paragraph 8.

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.

A competitive 8(a) solicitation is being processed per Paragraph 2.

12. Planning and Funding Statement.

This acquisition does not result from a lack of planning or the expiration of funds. This acquisition is necessary to continue services until the competed contract is awarded and allow sufficient time for transition from the incumbent to the new contract. As noted in paragraph #5 above, CBP is in process of a major amendment to the open RFP that will re-align the real needs of the Agency with the Solicitation requirements, and result in a vastly improved new Procurement overall in FY14.