Sole Source Justification for X-Rays Machines Redacted.pdf

Sole Source (including brand name) Justification, using Simplified Acquisition Procedures, Simplified Acquisition Threshold < $7.5 M, X-Ray Machines

REFERENCE: Justification Log Number: FY24-0158 and PR Number: SEC240046

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), Office of Contracting proposes to enter a sole source contract using simplified acquisition procedures on behalf of the Office of Security & Integrity (OSI), pursuant to FAR Subpart 13.501(a)(2)(ii).

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

USCIS intends to award a sole source order using simplified procedures for certain commercial items without seeking competition for the procurement of x-ray machines directly through the only available source, Smiths Detection Inc. This action is being taken pursuant to FAR 13.501. This contract type for this action is a new Firm-Fixed-Price (FFP) delivery order against the Smiths Detection Blanket Purchase Agreement (BPA) # 70B03C23A00000003 under DHS Strategic Sourcing Vehicle for X-Ray Systems and Services, which is a multiple BPA that is subject to procedures under FAR Part 13 in accordance with the BPA ordering guide.

3. Description of Supplies/Services.

OSI requires four (4) small X-ray machines, nineteen (19) large X-ray machines to include roller tables, delivery, maintenance and removal of outdated machines for USCIS locations nationwide.

The specific FAR part supporting this justification is FAR Subpart 13.501(a)(2)(ii). The IGCE for this effort is $2,484,263.00. Delivery and installation of the machines shall be made within 12 months of award.

ITEM Rate Units Cost

NII X-Ray – DV - SM Baggage - 6040DV $ 57,001.00 27 $ 1,539,027.00 Roller Tables - 6040DV $ 1,643.00 54 $ 88,722.00 Optional 5-year Warranty Service X-Ray – DV - SM Baggage $ 27,000.00 27 $ 729,000.00

NII X-Ray DV - LG Parcel - 100100T-2is $ 78,840.00 1 $ 78,840.00 Roller Tables - 100100T-2is $ 1,962.00 2 $ 3,924.00 Optional 5-year Warranty Service X-Ray – DV - LG Baggage $ 44,750.00 1 $ 44,750.00

Sole Source (including brand name) Justification, using SAP, > Simplified Acquisition Threshold < $7.5 M, X-Ray Machines Justification Log Number: FY24-0158

TOTAL $ 2,484,263.00

4. Identification of the authority.

41 U.S.C. 1901, using SAP for acquisitions greater than the simplified acquisition threshold but not exceeding the threshold at FAR 13.500(a) (currently $7.5 million) 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.

Only one source:

The Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS) Office of Security and Integrity (OSI) has a requirement to procure x-ray machines for use at USCIS facilities to provide a secure work environment, to monitor and assure the safety of the employees coming into the building and to assure that individuals do not bringing weapons or contraband into federal workspaces.

The X-Ray Systems and Services BPAs in the Category Management & Strategic Sourcing website for DHS Strategic Sourcing Vehicle (SSV) Contracts list three awardees for supplying small scale non-intrusive X-ray systems, accessories, maintenance, and related services. However, all of OSI’s facilities are guarded by Federal Protective Service (FPS) guards and these FPS guards are the ones required to use these X-ray machines. The FPS guards are exclusively trained on X-ray screening systems from Smiths Detection under a national leasing contract. As such, USCIS must purchase Smith Detection Inc. units. These systems are required for entry screening and are part of FPS’s National Weapons Detection Training Program (NWDTP) for Protective Security Officers (PSOs).

PSOs are trained on these specific systems and traditional image interpretation. According to the FPS contractual training requirements, X-ray machines must be purchased from Smith Detection Inc.

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.

As discussed in further detail above, Smiths Detection is the only vendor that can satisfy the Government’s needs detailed in the Statement of Work (SOW). A SAM.gov / Contract Opportunities notice will be publicized, as required by FAR 5.101(a)(1) and FAR 13.105(b).

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

The Contracting Officer (CO) determines that the anticipated price will be fair and reasonable, in

Sole Source (including brand name) Justification, using SAP, > Simplified Acquisition Threshold < $7.5 M, accordance with FAR 13.106-3(a)(2)(iii), based on comparison of the proposed price to prices found reasonable under Smiths Detection DHS Strategic Sourcing Vehicle contract price, in which this delivery order shall be placed against.

8. Description of market research.

Market research has determined that the requirement can be obtained by using vendors from the mandatory DHS Strategic Sourcing Vehicle. There are no small or 8A businesses in the DHS strategic vehicle. Market research was conducted to support the determination that Smiths Detection x-ray machines are the only solution that will satisfy the agency’s requirements. Smiths Detection Inc. has a current DHS BPA contract, 70B03C23A00000003, under the DHS X-Ray Systems Strategic Sourcing Vehicle.

9. Any other facts supporting the justification.

As previously mentioned, Smith Detection Inc. is the exclusive supplier of the Smith Detection 6040DV x-ray units, with no authorized resellers available. FPS guards work across multiple buildings and agencies. As such, using x-ray equipment from other vendors would lead to operational inefficiencies. Only guards trained on the new equipment could operate it, potentially leaving USCIS inadequately guarded and staffed. FPS contract guards are contractually required to be trained on Smith Detection machines to ensure consistency. Without Smith Detection machines deployed across buildings, particularly in large cities, FPS would need to manage a pool of guards trained on non-Smith machines, leading to scheduling and availability challenges. This would complicate the government’s 24/7/365 readiness and conflict with FPS’s goal of streamlined training requirements. Using machines from multiple vendors would further complicate FPS operations at USCIS. Therefore, the scheduling, readiness, and availability issues that the offices would experience if the X-rays are obtained through various sellers would greatly affect OSI’s mission and performance goals.

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

Acquisition Planning and Forecasting System Record Number: F2024066928 was published in the APFS system on July 16, 2024. No sources have expressed, in writing, an interest in this acquisition.

If any vendor responses are received in response to the combined synopsis/solicitation on SAM.gov, the responses will be evaluated accordingly prior to any award decision is made.

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.

Sole Source (including brand name) Justification, using SAP, > Simplified Acquisition Threshold < $7.5 M, The Government intends to procure more X-rays machines and supplies in the future. This will allow the Government to review the contract held between the Federal Protective Service and USCIS and make suggestions for modification. If FPS workers can be freed from the contractual training obligation and be trained on more equipment types, this will eliminate the barriers to competition.

12. USCIS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a).

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.

Jeffrey Alexander Date Management & Program Analyst, COR

14. Contracting Officer Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Rachel Turner Date Contracting Officer

APPROVAL:

Daniel Knapp Date Procuring Activity Advocate for Competition

JEFFREY D

ALEXANDER

Digitally signed by JEFFREY D

ALEXANDER

Date: 2024.09.18 11:15:31 -04'00'

RACHEL M

TURNER

Digitally signed by RACHEL

M TURNER

Date: 2024.09.18 11:18:43 -04'00'

DANIEL J

KNAPP

Digitally signed by

DANIEL J KNAPP

Date: 2024.09.18 13:18:39 -04'00'