Sole Source RFQ 70B06C20Q020117291.pdf

U.S. Customs and Border Protection Justification and Approval For Other Than Full and Open Competition

For contracts or orders under Simplified Procedures for Certain Commerical Items

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

US Customs and Border Protection (CBP), Office of Intelligence, proposes to enter into a contract on a basis other than full and open competition.

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

CBP has a requirement for a sole source basis to upgrade and maintain proprietary software for the period of 9/21/2020 – 9/20/2021 at a cost of $569,629.00. The requirement was previously completed and is considered to be a follow on requirement.

Vendor: General Dynamics Mission Systems, Inc.

12450 Fair Lakes Circle Fairfax, VA 22033

3. Description of Supplies/Services.

The requirement is to purchase licenses, provide continued support, and provide maintenance services for MAAS Annual Subscription for CBP that covers the period of 9/21/2020 – 9/20/2021 at a cost of $569,629.00. The system software requires updates for licenses, and maintenance to allow continuation of operations. The manufacturer is the sole provider for this software and the required technical support for a smooth transition.

Period Unit Price Total

9/21/2020 – 9/20/2021 $ 569,629.00 $ 569,629.00

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 implemented by the Federal Acquisition Regulation (FAR) Subpart FAR 13.501 Special Documentation Requirements

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

This requirement is a purchase request for permanent licenses and maintenance to existing software that was designed by General Dynamics Mission Systems, Inc. The existing software is proprietary, and only General Dynamics Mission Systems, Inc. can provide the purchase, maintance, any upgrades, and additional proprietary software licenses and operating equipment.

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

This requirement will be advertised at FEDBIZOPS.gov before issuance of order.

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

The Contracting Officer will determine price reasonable based upon prior contract pricing and current published price lists that reflects pricing available to the general public.

8. Description of Market Research.

Market Research was conducted to ascertain if the software previously procured was proprietary to GDMS. The following determination was based on the following factors; the acquisition history reviewed, interviews conducted by knowledgeable individuals in the industry, the catalogs and products literature reviewed, and the existing DHS-wide and Multi-Component Contract Vehicles with the DHS Strategic Sourcing Program Office and the DHS Enterprise-wide Contract Vehicle Portal reviewed. Based on these reviews, it was determined that General Dynamics Mission Systems, Inc. is the exclusive worldwide developer and distributor of this specifc software that CBP utilizes and that any attempt to change or alter the current software would result in a lost of hours, software and manpower for CBP which would result in the degrading of Joint Processing Exploitation, Dissemination Operations Center mission.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The requirement is for purchase of licenses and modification of a software package designed by General Dynamics Mission Systems Inc. General Dynamics Mission Systems Inc, its software support, and software training. Because of this, GDMS is required to maintain the software through software support and software training. Therefore, these commercial off-the-shelf products can only be purchased from GDMS, or through its authorized distributors.

There are currently no U.S. distributors. Based on research, it would require over 2 million dollars for a company to create a new software similar to that of GDMS, implement the new software to replace the old software, provide training on the new software and conduct random testing to ensure the software’s compatibility with CBP systems. Additionally, the transistion of the old software to the new software would jeopardize CBP’s entire border system architecture and would become a detriment to the overall mission of CBP.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

No other Sources have expressed an interest in the 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.

The key takeaway for General Dynamics Mission Systems Inc. is its ability to provide data management support and exploitation support with adaptability and fluidity. It is the exclusive worldwide developer and distributor of MAAS software support, and software training. Therefore, these commercial off-the-shelf products can only be purchased from GDMS, or through its authorized distributors. There are currently no U.S. distributors.

12. Planning and Funding Statement. This acquisition does not result from a lack of planning or lack of funds.

13. Posting Requirement. The Contracting Officer will post this requirement on FedBizOpps pursuant to FAR 13.501.

► J&A CERTIFICATIONS

14. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office: Office of Intelligence, Collections Division Name: (Print): Clarence A Ford Jr Title: Contract Officer Representative

Signature: _______________________________ Date: _____________

15. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

* In accordance with FAR 13.5 , CO certification of a J&A for a requirement not exceeding $700,000 shall constitute approval of the J&A.