RPVSS_JA__Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.5 (April 2024)

Procurement, Construction and Improvements (PC&I)

(f) Year of funding:

Fiscal Year 2025, five-year funds

(g) Solicitation number:

To be determined.

(h) Background information about the requirement:

The global drug problem is increasing, with trafficking of methamphetamines, heroin, fentanyl, and emerging designer-drug threats (such as benzodiazepines, cannabinoids, cathinones, opioids, and tryptamines) impacting communities worldwide. Law enforcement officials need to quickly identify suspected narcotics in the field to help keep drugs, and drug dealers, off the streets. These inspections take place at controlled ports of entry (POE) and Border Patrol checkpoints, and are aimed at detecting items prohibited from import into or export from the U.S.

The U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO), an agency of the Department of Homeland Security (DHS), and United States Border Patrol (USBP) is responsible for targeting, selecting, and examining cargo deemed high risk for terrorist-related activity, smuggling of contraband, and trade law violation. This requires a capability to quickly detect the illegal transit of contraband transported through people, cargo containers, and in other conveyances entering through POE and at international mail and express consignment carrier facilities.

3. Description of Supplies/Services.

The purpose of these LS-NII Relocatable Passenger Vehicle Scanning Systems (RPVSS) is to enable CBP to perform effective and efficient scanning passenger cars and other light vehicles in large numbers to reveal anomalies (including explosives, drugs, and currency) in high-throughput environments like border crossings.

Each day CBP officers and Border Patrol agents use a variety of Large Scale (LS) NII equipment such as the RPVSS. LS Systems like RPVSS enable CBP law enforcement officials to scan suspected conveyances. RPVSS systems in the mobile configuration will allow CBP to quickly move the systems to different locations, based on the threat.

The low-energy mobile and mobile relocatable systems are solutions for scanning passenger cars and other light vehicles in large numbers to reveal anomalies (including explosives, drugs, and currency) in high-throughput environments like border crossings.

The Mobile XPL’s low X-ray dose systems allow drivers and passengers to remain in the vehicle while scanning 150 vehicles per hour or more in the normal flow of checkpoint traffic. The system scans entire vehicles, bumper to bumper, in just a few seconds and can be relocated quickly with no disassembly.

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.

3304(a)(1) implemented by FAR 6.302-1 (FAR Class Deviation 25-11) entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Preparation for this acquisition began with a Request for Information notice published to www.sam.gov as required by FAR 5.301. The RFI sought information from interested vendors that could provide at least twelve (12) Relocatable Passenger Vehicle Scanning Systems (RPVSS) for the Large Scale (LS) Non-Intrusive Inspection (NII) program and that could meet the requirements provided within the Statement of Work which included system delivery.

The RFI resulted in three responses from leading vendors in the NII area of expertise. Upon receipt of RFI responses it was discovered that only one vendor could satisfy the delivery timeframe required in the Statement of Work. This is the Leidos VACIS® XPL Mobile.

One vendor’s response to the RFI was not considered because they did not provide detailed information on being able to comply with the required delivery window. The other vendor’s response to the RFI was also not considered due to not being able to manufacture and deliver the systems no sooner than July of 2026. In addition, the two systems that the vendors responded to the RFI with are unable to meet the typical, shipping, and mobile configuration weight requirements as outlined in the Statement of Work in Section 3.2.1.2.

Leidos has a long history of providing state-of-the-art VACIS NII systems in various configurations for use by CBP. Since 2000, they have provided over 200 such systems to CBP for use throughout the U.S. Included in this total are 14 of their VACIS MXPL systems currently being operated by CBP at various ports of entry (POE) across the U.S. CBP has historically awarded Sole Source contracts to Leidos due to this equipment’s capabilities meeting the agencies’ requirements. Several sites on this order currently operate the Leidos medium energy mobile system. Delivering systems the agency has historically procured and that ports are familiar with will decrease time needed for training and will allow the systems to be immediately operational at the port of entry.

The VACIS® XPL Mobile is considered a major system and is a highly specialized piece of equipment. During Market Research and the results of the published RFI, CBP NII can confidently conclude that the agency’s requirements can only be met by the source identified.

Without the expedited deployment of these systems CBP risks adverse effects on the interdiction of illegal contraband and public safety. If these systems are not procured, U.S.

CBP officers would have to rely on manual inspections or use less capable technologies. This would dramatically slow the flow of commerce, increase labor costs, and leave potential contraband undetected.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

CBP conducted market research that included a search of the GSA Federal Supply Schedule and, the issuance of an RFI on 02/03/2025 via SAM.gov. which resulted in responses from two (2) large vendors and one (1) small vendor.

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

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on use of one or more applicable techniques described at FAR 15.404-1(b)(2), including reference to prior acquisition history and prices obtained through market research.

8. Description of Market Research.

(a) Describe the market research techniques utilized, the specific results of the market research, the date when the market research was conducted, and how the market research was used by the contracting officer to determine price reasonableness.

Market Research commenced in September 2024. CBP- NII PMO utilized internet research, historical documents, and institutional knowledge to conduct preliminary market research and to develop performance specification requirements. CBP conducted market research that included a search of the GSA Federal Supply Schedule and, the issuance of an RFI on 02/03/2025 via SAM.gov. which resulted in responses from two

(2) large vendors and (1) small vendor.

(b) Describe the market research results that support the determination that the items are nonavailable.

Not applicable.

(c) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale.

This acquisition involves the procurement of proprietary systems and associated materials that are critical to meeting the Government’s operational requirements. The systems to be acquired include hardware, software, and related documentation, such as operator and training manuals, image data, metadata, and other deliverables specified in the Statement of Work (SOW). Upon acceptance by the Government, the systems and associated of performance specifications and ensured that the acquisition strategy aligned with CBP’s mission-critical needs. This acquisition does not stem from a lack of planning or the expiration of funds. The funding for this procurement is sourced from Fiscal Year 2025 Procurement, Construction, and Improvements (PC&I) five-year funds, ensuring the availability of resources to support the acquisition.

13. Posting Requirement.

CBP will post this requirement on Sam.gov pursuant to FAR 6.305.

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