SSJ RGV 3.0 Redacted Final.pdf

Sole Source Justification (SSJ) Rio Grande Valley Federated Wireless Data Transport Network 3.0

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name SSJ No.: FY24-00349

Rev. 4/2022

SSJ No. FY24-00349

Date: 9/24/2024 PR Number: RUIO-24-JW013

Pursuant to the requirements at 41 U.S.C. 1901as implemented by Federal Acquisition Regulation (FAR) subpart 13.5 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Information Technology Acquisition Center (ITAC), proposes to enter into a sole source contract on behalf of the Office of the Chief Information Officer (OCIO), Joint Wireless Program Management Office (JWPMO).

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

DHS intends to award a Sole-Source Firm Fixed Price contract in accordance with the

Products and Commercial to Domo Tactical Communications (DTC), 20122 Ashbrook Place, Suite 150, Ashburn, VA 20147 USA. This contract is to complete the remaining three (3) Radio Frequency (RF) sites that could not be completed during the previous contract period of performance due to delays in site lease execution. The three (3) RF sites will be installed, configured, and connected to the six (6) sites that were previously installed during DHS contract number 70RTAC23C00000010, which was awarded to DTC on September 27, 2023. All sites will be connected to DHS video aggregation points in the DHS Drug Enforcement Administration (DEA) Rio Grande Valley (RGV) Federated Wireless Data Transport Network (FWDTN) Area of Responsibility (AOR), along the Southern Border of the United States, to support DHS enforcement operations.

3. Description of Supplies/Services. Provide the estimated total value (including options, if any).

Complete the installation and configuration of identified radio sites and connect to the DEA AOR, which will allow DHS Components the ability to install and monitor video surveillance systems along the Southern Border of the United States, from Brownsville, TX to Laredo, TX.

Period Unit Price Total 12 mo. $1,590,118.00 $1,590,118.00

4. Identification of the authority.

IAW 41 U.S.C. 1901 as implemented by FAR subpart 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services. FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name SSJ No.: FY24-00349

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

A contract with DTC for the continued development and deployment of this major system is necessary because an award to any other vendor would likely result in both substantial duplication of costs to the Government that would not be recovered through competition and defined in FAR 2.101 because it involves a combination of elements that will function together to produce the capabilities required to fulfill a mission need.

Market research shows that there is no other FWDTN system, other than system, that will be compatible with the agency's existing previously p DTC system. Therefore, to purchase a different system from a company other than DTC would require DHS to replace its existing DTC system. In addition, purchasing another system would render the current DTC equipment useless and result in unnecessary replacement costs of incompatible system. This would far exceed any alternative system's price advantage over DTC in a competition for this follow-on requirement.

system would:

Result in the purchase of equipment and software from another company which would be incompatible (i.e., lack of interoperability) with the DEA DTC system being installed from McAllen, TX to Brownsville, TX.

Result in duplicative and cost prohibitive practices because DHS has already previously purchased DTC equipment.

Render the previously purchased DTC equipment unusable.

Result in duplicating site surveys at previously identified tower sites.

DTC is the sole designer and developer of the proprietary DTC Mesh radio communications equipment and software that was previously purchased by DHS for the FWDTN. DHS Advanced Wireless Services (AWS) is limiting competition as the market has only one logical integrate its proprietary equipment and software. Another vendor cannot meet the requirements to complete this project without unwarranted delays, duplicative costs, and incompatibility with

Completing installation, configuration, and deployment of the RGV network benefits the AWS interoperable technology to DHS Components, particularly DHS AWS Stakeholders: United States Secret Service, Immigration and Customs Enforcement, Homeland Security Investigations, Customs and Border Protection, and the Office of the Inspector General.

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name SSJ No.: FY24-00349

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

The AWS program has held numerous industry vendor meetings with the manufacturers of similar hardware and software defined Mesh radios, and it was determined that the DTC radios were best suited for operability and interoperability in the RGV AOR. In addition, since this project is a joint interoperability effort with DEA, it was determined that it was paramount to purchase and deploy DTC radios in the DHS AOR to enable seamless secure connectivity to an existing DEA DTC radio system extending from McAllen, TX to Brownsville, TX. Similar software defined Mesh radios manufactured by other industry vendors were not compatible with the existing DEA DTC network.

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

The Contracting Officer (CO) anticipates the price to the Government will be fair and reasonable based on comparison with the Independent Government Cost Estimate (IGCE), and review of previous historical data. In addition, as there is limited competition, the Government may request data other than certified cost or pricing data as necessary to establish a fair and reasonable price.

The Government will request data such as established catalog or market prices and labor categories, labor rates, and labor hours to provide the level of effort to provide the services. The Program Manager who has technical knowledge of the requirements will validate the level of effort information (labor categories and hours) provided to validate reasonableness. The CO will validate the labor rates. The preceding process will ensure that the price to the Government will be fair and reasonable.

8. Description of market research.

Prior to the first contract being awarded, the DHS AWS Program first became aware of DTC by introduction from DEA representatives, who had already deployed and operated a successful DTC Mesh radio network in McAllen, TX. Many meetings and technical evaluation sessions were held between DHS HQ and DHS Components to demonstrate the operation and detailed functionality of the DTC system. It was determined that DTC met all technical requirements, such as compatibility standards with current DEA DTC deployed equipment which supports interoperability requirements between DHS Components and Department of Justice (DOJ) Components.

Market research was conducted via researching existing contract vehicles, industry vendor meetings and demonstrations, meetings with field operators, and a search of the open market. In doing so, the government gathered information on various software defined Mesh radio vendors, their capabilities, and limitations. This information assisted the government in defining ere are other vendors in the software defined Mesh radio industry, market research determined that only DTC could meet all of the requirements to complete the installation, configuration, and integration of this project.

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name SSJ No.: FY24-00349

Additional market research conducted reveals that the marketplace offers several competing technologies that are NOT compatible with the existing DTC RGV FWDTN solution. DTC manufactures a proprietary turnkey solution addressing lost video transport capabilities due to the release of spectrum that will meet the federal law enforcement investigative video mission along the Southern Border and is compatible with the existing DEA DTC RGV FWDTN.

9. Any other facts supporting the justification:

In addition to hardware, DHS purchased Mission Commander (MC) software which is proprietary to DTC. MC software is designed to control and configure the DTC equipment and network infrastructure. DTC is the sole manufacturer of the hardware and software to be configured and installed in the RGV FWDTN, is uniquely qualified to perform the work, and is the only company able to perform the required work.

If we do not limit competition and another vendor is awarded a services contract to install, configure, and implement the already purchased DTC equipment, we will likely have to pay pass through costs. Pass through costs will be incurred based on the rationale that another company must negotiate subcontracts with DTC and other vendors to install, configure, and implement the FWDTN, since the hardware and software is proprietary to DTC. A new vendor will have start over on work already accomplished in the previous task order, such as site surveys to determine structural analysis, environmental studies etc. In addition, duplicative factory acceptance testing and additional delivery and storage charges will be incurred with a new vendor from the already purchased and staged equipment.

The transition of equipment to a new contractor will cause substantial duplicative and unnecessary costs because approximately 50% of the work has already occurred in the previous contract, such as pre-work would have to happen again in some fashion with a new contractor.

If the government were to not procure this work from the original source DTC, the estimated duplication of costs that are not anticipated to be recovered via competition requirement would be $4.9M. This estimate is derived from the original contract price because all of the work--and the price paid for that work--under the original contract would be wasted if we scrap our progress and start over with a different contractor.

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

There is no listing of sources. Only one vendor needs to continue with the installation and integration of remining RF sites.

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.

DHS JWPMO has a requirement to complete the installation of three (3) RF sites and DHS video aggregation points in the DHS-DEA RGV FWDTN AOR, along the Southern Border of the United States, to support DHS enforcement operations. Through market research it was

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name SSJ No.: FY24-00349

Rev. 4/2022 determined that only one source can provide the required services for the installation, network configuration, implementation, and integration of proprietary DTC Mesh radio communications equipment and software that was previously purchased under DHS Contract Number NNG15SD82B, Order Number 70RTAC23FR0000059. Once the installation, network configuration, implementation, and integration of the DTC Mesh radio communications equipment and software is completed, market research shows that other manufacturers may be able to compete for this requirement. Any subsequent requirements will be acquired with the proprietary radio communications equipment and software being considered for the use of covert video and data transport equipment that will provide DHS investigators with the ability to operate locally and remotely, and the ability to capture, monitor, and record video surveillance data via safe and secure means.

12. DHS 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 justification, is complete and accurate.

9/24/2024

Ashley Gorham Technical Representative/COR

14. Contracting Officer Certification.

Digitally signed by MARIA Z TRAN Date: 2024.09.24 12:47:52 -04'00'

Maria Z. Tran Contracting Officer Office of Procurement Operations

15. Approval.

Antoinette Clay Procuring Activity Advocate for Competition Office of Procurement Operations

MARIA Z TRAN