SOLE SOURCE JUSTIFICATION - ENFORCEAIR (SAM.GOV).pdf

Sole Source Justification (SSJ) Simplified Procedures for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold

(SAT) pursuant to FAR Subpart 13.5, including Brand Name Template

SSJ No: FY24-0042 Page 1 of 2

03.21.2022 v.1.0

SSJ Number: FY24-0042 PR Number: PR-24-USSS-2921

Sole Source Justification

1. Agency and Contracting Activity.

U.S. Secret Service (USSS), Procurement Division, proposes to enter into a sole source contract using simplified acquisition procedures.

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

The USSS intends to award a sole source contract using simplified procedures for Certain Commercial items without seeking competition for EnforceAir Systems Hardware and Software Maintenance for proprietary software. This action is being taken pursuant to FAR 13.501. The contract type for the proposed action is firm-fixed price to the following proposed contractor:

D-FEND SOLUTIONS AD INC

Address: 1640 Boro PL, Suite 402, Mc Lean, Virginia 22102 United States SAM.gov UEID: HK38JMW271E3 Business Size: Small Business

3. Description of Supplies/Services.

This contract will provide the USSS with EnforceAir Systems Hardware and Software Maintenance for a variety of Counter Unmanned Aircraft Systems (cUAS)

Estimated Total Value:

Period of Performance: Twelve (1 ) Months

4. Identification of the authority.

41 U.S.C. 1901, using SAP up to $7.5M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

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

Brand Name – This requirement is for annual software and hardware maintenance of the existing EnforceAir Systems. No other brand can provide software and hardware maintenance of this brand name system. If these services are not obtained and the USSS is without continued maintenance services, the cUAS systems may become faulty, and the USSS’s protective mission will be at risk.

Only one source – D-Fend Solutions AD Inc. is the only source for software and hardware maintenance of EnforceAir Systems. They are the sole developer, manufacturer, and provider in North America. This is supported by the vendor-provided sole source letter.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A SAM.gov notice of intent to sole source will be publicized, as required by FAR 5.301, 6.305(a).

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

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

70US0923P70092444

70US0921C70090031

Sole Source Justification (SSJ) Simplified Procedures for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold

(SAT) pursuant to FAR Subpart 13.5, including Brand Name Template

SSJ No: FY24-0042 Page 2 of 2

03.21.2022 v.1.0

Comparison to Independent Government Estimate:

Pricing received will be compared to an Independent Government Cost Estimate (IGCE) developed through extensive market research to include:

Reviewing Commercially published pricing Reviewing pricing found fair and reasonable on previous contract actions.

8. Description of market research.

Market Research consisted of internet searches for other sources to perform software and hardware maintenance services for the EnforceAir systems and confirmation with the system manufacturer. Market Research concluded that only D-Fend Solutions AD, Inc. is capable of providing the maintenance services and no other companies can perform the same services.

9. Any other facts supporting the justification.

None.

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

No sources expressed, in writing, an interest in this acquisition.

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.

TSD will perform continuous market research in an effort to find alternative cost-effective solutions that can meet its program requirements. The government intends to revise overly restrictive technical specifications, acquire data rights, or pursue some other means to increase future competition. Additionally, the USSS published an Acquisition Planning Forecast on the Department of Homeland Security’s (DHS) Acquisition Planning forecast System (APFS).

The DHS APFS is a portal for businesses, particularly small businesses to view anticipated contract actions. The Government has not received any notice from vendors regarding an interest in this procuremen

12. USSS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name, FAR 13.501(a)(1)(iv) and 5.102(a)(6).

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

14. Contracting Officer Approval.

Contracting Officer

JMFEFEGULA

Digitally signed by

JMFEFEGULA

Date: 2024.06.07 13:40:58 -04'00'

YU-JIN KIM

Digitally signed by YU-JIN

KIM

Date: 2024.06.21 10:02:04 -04'00'