Sole Source Determination Below SAT 20159779 FY27_signed - Redacted.pdf

Attachment 1 U.S. Customs and Border Protection

Sole Source Determination For Actions Not Exceeding the SAT

March 2026

Date: _____27 Jul 2026___ PR Number: ________20159779_________

1. Identification of the agency and the contracting activity:

The Department of Homeland Security, Customs and Border Protection, Office of Air and Marine, Air & Marine Operations Center, prepared this justification for an exception to fair opportunity for the procurement of satellite airtime for NAL Research tracking devices acquired under separate procurement actions.

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

This procurement is for the satellite airtime and uninterrupted data feed from the NAL Research electronic tracking devices. The anticipated cost is for one year.

3. Authority to award a sole source order:1 (Check the authority below based on the procurement procedures being followed)

_________ RFO Subpart 8.4/GSAR 538.7104-3(a) ____X____ RFO 12.102(a) _________ RFO 13.101(b)

_________ RFO 16.507-6

4. Sole Source Determination Rationale: (Check one and explain below):

For RFO Subpart 8.4, Part 12 and Part 13 procurements, check one of the following:

____X____ Only one source reasonably available.

_________ Urgent and compelling circumstances exist.

____X____ Exclusive licensing agreement exists.

_________ Item peculiar to one manufacturer. If this requirement applies to a portion of the procurement, please identify that portion.

_________ Industrial Mobilization

1 In this document, citations to RFO Parts 8, 12, 13, and 16 are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation 25-20 for FAR Part 8, FAR Class Deviation 25-21 R1 for FAR Part 12, FAR Class Deviation 26-01 R1 for FAR Part 13, and FAR Class Deviation 26-04 R1 for FAR Part 16, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Sole Source Determination For Actions Not Exceeding the SAT

March 2026

____X____ Other. Explain: The tracking devices previously selected and installed by AMO are only functional when used with the same vendor. Changing the airtime and data delivery vendor would require replacing all the existing tracking devices which would require new aircraft engineering analysis, FAA certifications, network and software infrastructure compatibility, and the acquisition of new devices, including removal and replacement. The process would interrupt operations and could adversely impact national security.

RFO 16.5 is Not Applicable for this action.

For RFO Subpart 16.5 procurements, refer to the exceptions to fair opportunity at RFO 16.507- 6(b) and check one of the following:

_________ The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

_________ Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

_________ The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. If the contracting officer uses the logical follow-on exception, the rationale must describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

_________ It is necessary to place an order to satisfy a minimum guarantee.

_________ Item peculiar to one manufacturer. If this justification applies to a portion of the procurement, please identify that portion. For an order in excess of $40,000, CBP intends to provide this justification and supporting documentation along with the solicitation to all contract awardees pursuant to RFO 16.507-7(c). (*Rename this document a “Justification for Brand Name Exception to Fair Opportunity” if RFO 16.507-7 applies.)

Explanation of the rationale cited:

5. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below. (Check one and provide short explanation or description of action taken):

Sole Source Determination For Actions Not Exceeding the SAT

March 2026

____X____ Market Research.

____X____ Comparison of the proposed price with prices found reasonable on previous purchases.

_________ Current price List.

_________ Comparison with similar items in a related industry.

____X____ Comparison to IGCE.

_________ Contracting Officer’s personal knowledge.

_________ Other. Explain:

6. 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 (or “Justification for Brand Name Exception to Fair Opportunity”) is accurate and complete.

Technical Representative/COR Date

7. 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:

Contracting Officer Date