TARS J and A-Redacted.pdf

The Tethered Aerostats Radar System (TARS) provides for long-range search and track of air and surface targets, providing multi-domain awareness to CBP Air Marine Operations Center (AMOC), Caribbean AMOC (CAMOC), Office of Border Patrol (OBP), United States Coast Guard (USCG), and the U.S. military. The TARS program is comprised of aerostats, aerostat support systems, radars, weather equipment, communications systems, winch systems, facilities, special purpose vehicles, associated equipment, and personnel necessary to accomplish the mission.

There are currently eight operational sites, six over the US-Mexico border, one over the Florida Straits, and one over the northern Caribbean (Puerto Rico). Each site consists of an aerostat, radar, ground control and data networking systems, an aerostat mooring system, and on-site weather systems. CBP requires support services necessary to ensure continuity of operations and maintenance support to the eight operational sites. This support includes program management, O&M mission support, life-cycle management support and efficient TARS support for the Counter Drug/Counter Narcotics Threat (CD/CNT) and air sovereignty missions.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

41 U.S.C. 253(c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302

- 1 entitled "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

5. Identification of Exception to the Buy American Statute.

None.

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

(a) . is the only responsible source, and no contractor will satisfy the TARS requirement for continuity of operations of TARS sites starting on June 30, 2021.

Inc. is the only firm that has the people with the expertise and clearances to perform the work in the immediate future. If the program were to make award to another vendor at this time, there would be unacceptable disruption and risk to the mission due to lack of cleared, qualified personnel. It is anticipated that a full and open competitive award for an acquisition at the estimated value and scope of the TARS Program will require 12 months in procurement lead time. Therefore, although there are other companies that may be capable of fulfilling the requirements given sufficient transition time for training and staffing, a sole source bridge contract is currently the only option that will provide continuous coverage until the TARS 3 follow-on competitive contract is awarded.

(b) The events leading to the situation requiring use of other than full and open competition procedures are as follow:

The current TARS 2 contract was a competitive acquisition awarded to 1 base year with (4) 1-year options. Due to ongoing and unresolved concerns during the base year’s period of performance, the TARS PMO and the CBP Procurement Office determined that it would be in the best interest of the Government not to exercise the remaining options on the current contract and instead, conduct a competition for a new contract that will meet the

Government’s requirements for quality radar performance. The government’s decision not to exercise the option period was to prevent the appearance of rewarding the contractor. Not exercising the option period allowed the government to address concerns and reset the contract to better meet the mission.

(c) Summarize alternatives considered and why they will not work.

Given possesses the required expertise to perform the support services and is most familiar with the issues, operational considerations, and technical challenges of the TARS program, no other vendor is in position to take over the required support in the near term.

has highly qualified personnel with the required broad base knowledge and specialized system experience on the program. There are currently over 200 employees with active DHS/CBP security clearances that can be available immediately to respond to AMO’s current needs. As a result, is the only known source with the requisite expertise and necessary cleared personnel to provide ongoing support until the competitive follow-on TARS 3 contract is awarded.

(d) The impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

If the J&A is not approved, there will be an interruption in surveillance operations along the U.S. southern border. Any disruption in the flow of vital air and marine target data to the CBP AMOC, Caribbean AMOC, OBP, USCG, and U.S. military users will jeopardize homeland security and vital U.S.-Mexico border surveillance initiatives. The lapse in any of these services would pose an unacceptable risk to national security. continued support for the bridge contract will avoid the unacceptable risk of a lapse in mission-critical services and disruption to AMO’s daily operations during the time required to conduct the TARS 3 competition. is uniquely qualified to continue services as it has acquired extensive knowledge and understanding of operations since 2008. has the staffing resources and experience in place necessary to provide CBP the required services without risking an interruption in critical mission capabilities. It is in the Government’s best interest to forgo competition to ensure continuity of these services for the limited duration of the bridge contract. For these reasons it has been determined that AMO’s requisite needs can only be satisfied by procuring these services from

7. Description of Efforts Made to Ensure that Offers Are Solicited from As Many Potential Sources as Is Practicable.

CBP will publish this J&A on beta.SAM.gov, upon approval, indicating its intent to issue a bridge contract to For the reasons explained above in Paragraph 6, competing this bridge contract requirement would be impracticable due to the lead time required to develop a request for proposals, receive and evaluate offers for a new competitive award of the bridge contract. Instead, the Government’s focus will be directed to encourage as many as possible potential sources for the TARS 3 follow-on competition.

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

The Contracting Officer anticipates that the cost will be fair and reasonable based on the government’s IGCE, documented historical cost, Forward Pricing Rate Recommendation received from DCMA and data from the previously competitively awarded contract.

9. Description of Market Research.

For the TARS 2 competition, CBP conducted extensive market research and engaged with industry through numerous face-to-face meetings, an industry day event and site visits with industry leaders. CBP also had written exchanges through 2 Requests for Information (RFI) and published a draft RFP on beta.SAM.gov. These interactions with industry provided the PMO with insights into market conditions, availability of technology and innovative business approaches that aided in the development of the TARS 2 acquisition strategy that met the agency mission objectives at a lower cost. Since award of the TARS 2 contract, the TARS PM and Lead System Engineer have continued their on-going dialogue with industry to identify sources and technologies that have the potential to meet the TARS mission needs.

The PMO market research has shown potential interests in the TARS follow-on acquisition from across industry, including large and small businesses. However, the results of these discussions revealed there are no companies prepared to assume TARS operations by June 29, 2021.

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

The time required for a full and open competition far exceeds the time available before the current contract expires. Awarding the bridge contract to will avoid the unacceptable risk of lapse in mission-critical services that ensure vital air and marine target data to users. This action will also avoid jeopardizing CBP’s vital U.S.-Mexico border surveillance initiatives as well as impact the activities of the U.S. military and USCG. is the only source available to provide continued support during the time required to develop TARS 3 follow-on competitive award.

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

None

12. 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 PMO’s on-going market research efforts identified several potential sources that may be able to develop the capabilities to meet the requirement of the TARS 3 follow-on contract.

The Program Office will work with the Contracting Office to issue a Request for Information (RFI) to solicit industry input to identify any potential barriers to competition. The results of the RFI and Industry Day for the TARS 3 competition should provide a good market analysis to the PMO that will improve the RFP and encourage ample competition for the follow-on contract.