SITA_Redacted-JA for Commerical Acquisitions.pdf

Attachment 3 U.S. Customs and Border Protection

Justification and Approval (J&A) for Commercial Products and Services Acquisitions Using RFO 12.201-1 Simplified Procedures Exceeding the SAT but Not Greater Than $9M – RFO

12.102

March 2026

Total

(e) Type of funding.

70260530 Operations and support 70X0530 Reimb No-Year W-Interagency Agreement

(f) Year of funding. : Fiscal Year 2026.

(g) Solicitation number. 70B04C26Q00000178

(h) Background information about the requirement: Same services are currently being provided by SITA under Contract 70B04C21C00000070 which expires September 29, 2026

3. Description of Supplies/Services.

The CBP Office of Information and Technology (OIT) Enterprise Data Management and Engineering Directorate (EDMED) has a continuing requirement to electronically obtain Passenger Name Records (PNR), air cargo manifests, advance passenger information (API), passenger manifests, and other airline-related data and messaging in support of CBP’s mission, and statutory and regulatory requirements, to screen people and cargo entering and exiting the United States.

The services to be provided under this contract will be in direct support of the following CBP mission critical systems, including but not limited to:

• Targeting & Analysis Systems Program Directorate (TASPD) Automated

Targeting System-Passenger (ATS-P) program

• Passenger Systems Program Directorate (PSPD) Advance Passenger

Information System (APIS) Pre-Departure and Electronic System for Travel Authorization (ESTA)

• Transportation Security Agency (TSA) Secure Flight

• Cargo Systems Program Directorate (CSPD) Automated Manifest System

(AMS)

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. 1901.

This acquisition is using simplified procedures as authorized and implemented by RFO 12.102(b).

5. Identification of Exception to the Buy American Statute. Not Applicable

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires restricting competition.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

(a) Rationale for restricting competition, based on the proposed contractor’s qualifications or the nature of the procurement;

There are only two known companies in the world that provide transmission of passenger information and cargo manifests required by CBP. Airlines are free to establish exclusive agreements with either company (SITA or ARINC) for transmission of the required information but not with both. A large number of air carriers currently interface with DHS to provide the required information and many of these DHS carrier partners have exclusive commercial agreements with SITA to utilize SITA’s network to provide information to DHS. SITA’s services include an extensive multi-national carrier industry network and communications solutions which enable both our carrier industry partners and DHS to securely transmit data and support DHS’s anti-terrorism mission as required.

SITA’s network serves a large community of air carriers. SITA offers services to the industry ensuring that CBP is capable of receiving Advance Passenger Information System (APIS) messages from its exclusive contracted carriers. In addition, its system has the ability to translate air carrier data into the proper format for CBP use. The SITA system uses proprietary technology which provides 100% interoperability and compatibility between air carriers and CBP.

(b) Details covering what events lead to the situation requiring use of other than full and open competition including whether any portion of the work can be segregated to allow for competition;

No part of the work can be segregated to allow for competition. Airlines are free to establish exclusive agreements with either of the two companies mentioned but not both.

(c) Summarize alternatives considered and why they will not work; and

Based on extensive market research, there are no known alternatives capable of providing and transmitting the required data other than the two companies previously mentioned (SITA and ARINC). A competition would not be possible between these two because neither provider covers every single airline that CBP requires data from.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

CBP has continuing and constant requirement to obtain passenger and cargo data from Airlines for the Automated Targeting System – Passenger Program, the Advanced Passenger Pre-Departure and Electronic System for Travel Authorizations, the Transportation Security Agency Secure Flight system, and the Caro Systems Automated

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

Manifest System. CBP’s priority mission is keeping terrorists and their weapons out of the United States (U.S.). It also has a responsibility for securing and facilitating trade and travel while enforcing hundreds of U.S. regulations, including immigration and drug laws. Any break in the U.S. Customs and Border Protection receiving this data would result in passenger and cargo transport being grounded immediately with an impact to national security.

If a contract is not awarded to SITA, those airlines that have agreements with SITA would no longer be able to transfer data to CBP and would not be in compliance with the following CBP mission critical programs:

• Targeting & Analysis Systems Program Directorate (TASPD) Automated Targeting System-Passenger (ATS-P) program

• Passenger Systems Program Directorate (PSPD) Advance Passenger Information System (APIS) Pre-Departure and Electronic System for Travel Authorization (ESTA)

• Transportation Security Agency (TSA) Secure Flight

• Cargo Systems Program Directorate (CSPD) Automated Manifest System

(AMS)

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

(a) A Sources Sought notice was posted to SAM.gov on February 19, 2026 with no responses received by the closing date of March 13, 2026; and

(b) A notice of this requirement will be publicized in accordance with RFO 5.2, and CBP intends to make this justification publicly available pursuant to RFO 6.301 on SAM.gov within 14 days after contract award.

8. 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 a comparison of proposed prices to the historical pricing on the existing contract 70B04C21C00000070, which is for similar services, to determine whether the proposed prices are fair and reasonable.

9. Description of market research.

Market research focused on an Internet Search, and a Government-wide search to include:

Acquisition Gateway; GSA Advantage; Government-wide Acquisition contracts (GWACs);

Government-wide Strategic Sourcing Vehicles and independent contractor websites.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

In addition, a Sources Sought notice was posted to SAM.gov on February 19, 2026 with no responses received by the closing date of March 13, 2026.

In addition, the internet was searched for a list of contractors that would be able to provide these specialized services. The market research showed that only SITA and ARINC can provide the required services. Airlines are free to choose which one of these two vendors they establish exclusive agreements with. Therefore, competition between ARINC and SITA is not possible.

10. Any other facts supporting the use of other than full and open competition.

Any attempts to break the connection with SITA to switch to another provider would cause numerous interruptions in service and subsequent operational issues for many smaller carriers who use or may use SITA as a failsafe or COOP option. This procurement will allow DHS to continue to provide uninterrupted services to the carriers in compliance with governmental mandates and regulations

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

A synopsis was issued in SAM.gov on February 19, 2026 requesting that parties express their interest in writing to the contracting officer. No responses were received by the closing date.

12. 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.

CBP has and intends to continue to take steps to locate other sources for future procurements of this type. EIOD will ensure that continuous market research is performed in the future to help identify if there are sources capable of transmitting airline PNR data using a method other than the four methods that are currently approved. This would require certification and approval of a new communication method with established connectivity with air carriers to provide PNR suitable to DHS, CBP and TSA.

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date