SSJ Nlets 08-2020_BetaSAM posting.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

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J&A-20-0158

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a Purchase Order on behalf of DHS/ICE/Enforcement and Removal Operations (ERO)/Law Enforcement Support Center (LESC) as a justification on a basis of other than full and open competition.

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

(a) Firm-Fixed Price Purchase Order

(b) Amount the current J&A is justifying: $

(c) Brief Description:

OAQ intends to procure, on a sole source basis, for secure network services and systems provided by the National Law Enforcement Telecommunications System (Nlets) using simplified acquisition procedures. This action is being taken pursuant to the authority of FAR 13.501. The vendor below is the only company that can provide the required services to avoid loss of mission critical services.

Nlets The International Justice & Public Safety Network 1918 W. Whispering Wind Drive Phoenix, Arizona 85085

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

The Nlets systems provides access to a secure network linking local, state, federal, and international agencies together to provide the capability to access and exchange criminal justice and public safety related information. The system allows users to instantly transmit and receive data from any other agency to a secure network.

The system can receive, store, and forward message traffic from and to all its user agencies.

Access to other State and Local Law Enforcement (LE) databases for criminal records, DMV records, state court records, and numerous other state databases.

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This requirement is to provide services for five years (one (1) twelve-month base period and four (4) twelve-month option periods).

Period Time Total Base 12 mos. $ Option Year 1 12 mos. $ Option Year 2 12 mos. $ Option Year 3 12 mos. $ Option Year 4 12 mos. $

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 as implemented by FAR 13.501.

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

a. Background information about the requirement.

Nlets is a secure network system linking local, state, federal and international agencies together to provide the capability to exchange criminal justice and public safety related information. Due to the sensitive nature of the information being transmitted, selecting a partner that may provide these elements in a single offering significantly reduces the risk for ICE. If these functions were to be provided by separate entities, it would greatly increase the technical challenges of developing the necessary services and make it more difficult to troubleshoot any unforeseen problems. It would also make the system more difficult to maintain more expensive and/or have a greater chance of failure due to separation of logically tied processes.

b. Details covering what events lead to the situation requiring use of other than full and open competition procedures.

Nlets is a secure network system linking local, state, federal and international agencies together to provide the capability to exchange criminal justice and public safety related information. Market research shows there are no other vendors who can provide the same capability.

c. Why considered alternatives will not work.

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Due to the sensitive and timely nature of the information being transmitted (i.e. criminal), selecting a partner that can provide these elements in a single network system offering significantly reduces the risk for ICE. If these functions were to be provided by separate entities, it would greatly increase the technical challenges of developing the necessary services and make it more difficult to troubleshoot any unforeseen problems. It would also make the system more difficult to maintain, more expensive, and/or have a great chance of failure due to separation of logically tied processes.

d. Which authority applies and why.

This action is being conducted under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 as implemented by FAR 13.501. Based on Market Research, no other vendor can provide the same unique services that Nlets provides to the LESC. A vendor would have to perform all the same services as Nlets and the secure network it provides to the LESC. Through online searches and discussions within DHS and the component agencies, we are unable to find any vendor that provides the same services. NLETS is computer database modified to meet the government’s requirements. A search on Beta Sam indicates the services are normally procured under commercial procedures.

e. Explain the impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

These services are mission critical to securely connect to all law enforcement agencies nationwide (and including Canada and Interpol), and for all law enforcement agencies to submit queries to the LESC.

Without access to Nlets, ICE does not have the ability to query other State and Local Law Enforcement databases for criminal records, DMV records, state court records, and numerous other state databases, and may be forced to remove over 322,000 ICE warrants from the NCIC database. Nlets also allows for issuing Nationwide BOLOs, Warrant verification and other critical Law Enforcement functions that are not available anywhere else. The LESC needs access to Nlets and approval of this justification in order to fulfill its mission. If the LESC is unable to receive Nlets TQ (which means “Orion Query”) messages, The National Crime Information Center (NCIC) agreement will also be violated. TQ allows a user to find the ORI (Originating Agency Identifier) of a Nlets user agency. The purpose of the Orion files is to assure that only authorized users are using the network and that these users are using it for authorized purposes. Nlets ensures it is both accurate and complete.

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

As required in FAR 5.301, a “Notice of Intent to Sole Source” was posted to the Government Point of Entry (GPE) on Beta.Sam.Gov on 7/6/2020. No vendor submitted a capabilities statement in response to the notice.

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OAQ intends to make this justification publicly available pursuant to FAR 6.305 on FedBizOpps upon award of the Purchase Order.

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

The contracting officer determined that the anticipated prices to the Government will be fair and reasonable. The contracting officer’s determination was based on historical pricing and published rates.

The program office and contracting office received a statement from the vendor on 6/30/2020, who confirmed that the prices are in line with prices that are charged to any other Law Enforcement, Justice, or Public Safety Agency for this type of work. All users are charged the same rate. Nlets stated that the user fees are the same for all the U.S. states, territories, and federal users. Users pay the same price of $ per month in access fees.

Starting 7/1/2021, the user/access fee goes up to $ /month across the board for all user types.

8. Description of market research.

Market Research was conducted by the program office and the acquisition team to identify available sources and to evaluate the ability of those sources to meet the requirements as written.

Market research was conducted via the internet and verbally with other federal agencies. No other vendors were found to be capable of providing the services that Nlets can provide.

General internet searches were done for law enforcement public safety networks/databases.

Federal websites including the DHS Enterprise-Wide Contract Portal and GSA were also reviewed.

There were discussions on the market research and with ICE personnel and Nlets which were held primarily during the week of May 11th, 2020. The program office has discussed the requirement and stated that no other vendor exists who can provide the LESC and ICE with the same services as Nlets. It’s been confirmed that no other vendor is connected to Law Enforcement agencies nationwide, and can provide access to NCIC data, and allow Law Enforcement officers nationwide to submit queries, which allows the LESC to respond to the queries in a secure environment.

In addition, online searches were conducted for law enforcement public safety networks.

The program manager searched law enforcement public safety networks and found Nlets.

There was one foreign vendor and one U.S. vendor- but neither one could provide the same services as Nlets:

https://www.publicsafety.network/#services – This is for South Korea, and the U.K. it does not provide the same services as Nlets. It is not connected to all law enforcement agencies nationwide.

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Page 5 of 5 Version 1.1 https://www.firstnet.com/ - This vendor provides wireless services to law enforcement. It is not connected to all law enforcement agencies nationwide and it does not allow for connection to NCIC. It does not allow officers to send the LESC queries for criminal information or allow the LESC to respond with the information.

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.

A synopsis was issued on Beta.Sam.Gov on 7/6/2020 requesting that parties express their interest in writing to the Contracting Officer. No vendor expressed an interest.

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.

ICE conducted Market Research for the current requirement. To overcome barriers to competition in the future, ICE will monitor the market situation in the upcoming fiscal year;

ICE will conduct additional market research prior to future requirements for Nlets services to ensure competition amongst available sources to obtain the best value for the Government.

ICE also plans to send out a Request for Information (RFI) in advance of the upcoming requirement to gather information from interested prospective vendors.

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

13. Contracting Officer’s Certification and Approval.

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.

Contracting Officer Date

14. 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

07/30/2020