Viken JA .pdf

U.S. Customs and Border Protection Justification for Soliciting from a Single Source – FAR Subpart 13.5

Version 2.0 March 2018

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Office of Field Operations, Cargo and Conveyance Security, Non-Intrusive Inspection (NII) Program Office prepared this justification to solicit from a single source. This acquisition is being conducted under the simplified acquisition procedures for commercial items authorized by 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.5 and consistent with the content requirements of FAR 6.303-2.

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

The CBP Non-Intrusive Inspection Acquisition Program intends to award a contract to Viken Detection Systems, 21 North Avenue, Burlington, MA 01803 for site preparation and civil works required for the installation and operation of a Viken Osprey UVX (under vehicle inspection system) at the Veterans International Bridge. CBP port of entry in Brownsville TX.

Also included, is the procurement and installation of the peripheral equipment for safety and security purposes, and a Viken workstation with ancillary equipment for CBP officer/operator screening. Safety and security equipment includes security cameras, a front license plate reader, scene lighting, and a traffic management light.

Description of Supplies/Services.

Installation of the Viken Osprey UVX requires site preparation and civil works. The civil works drawing package includes site surveys, topographical, ground penetrating radar, an electrical power study and a civil works-drawing package required for the installation of the Viken system and for the installation of the peripheral security and safety equipment and an additional Viken workstation with ancillary equipment.

3. 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 13.5 “Simplified Procedures for Certain Commercial Items”.

4. Demonstration That the Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited.

Installation of the Viken Osprey UVX requires that the civil works specifications must be coordinated and aligned with Viken proprietary interface specifications. An analysis of the commercial market place indicates there are several GSA vendors qualified to perform the civil works; however, it would require that Viken Detection Systems share proprietary specifications and interface data with a third party civil works vendor. Therefore, CBP is requesting a sole source contract to Viken Detection Systems.

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

Market Research determined there is a GSA multiple award schedule 238910 (Installation and Site Preparation Services) with qualified vendors capable of providing civil works and site http://uscode.house.gov/

Version 2.0 March 2018 preparation support. An Acquisition Planning Forecast System (APFS) record P2020061984 was published in accordance with Homeland Security Acquisition requirements on August 20, 2020.

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

The Contracting Officer has determined that the anticipated price for site preparation and civil works support required for the installation of the Viken Osprey UVX, and, for the procurement and installation of peripheral equipment is fair and reasonable. This determination is based on similar work that included the installation of NII systems that required site preparation and civil works, and the procurement and installation of peripherals (security and safety equipment and vendor workstations) at CBP ports of entry.

7. Description of Market Research.

Market research results indicate there are several vendors under the GSA Multiple Award Schedule, SIN 238910, Installation and Site Preparation Services. However, if CBP awards a contract to a third party vendor for the site preparation and civil works required for installation of the Viken Osprey UVX, it will require that Viken Detection Systems share their proprietary specifications and interface data with that third party GSA vendor.

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

The Viken Osprey UVX was procured through a Defense Logistics Agency (DLA) IDIQ.

Delivery and installation of the system was included in the purchase price; however, site preparation and civil works support services required for the successful operation of the Viken system were not included and could not be procured under the DLA IDIQ. Awarding a sole source contract to Viken Detection Systems for the site preparation and civil works will protect Viken’s proprietary specifications and interface data. The installation of the security scan camera, scene lighting, traffic management lights, a front license plate reader, an additional Viken workstation, and relocation, install and set up of a Viken operator/analyst station to a different facility is included in Viken’s engineering drawings and civil works package. A sole source contract to Viken Detection Systems significantly minimizes risk because all site preparation and civil works will be warranted under a single vendor. The warranty also includes the procurement and installation of all peripheral equipment. The requirements and the procurement and installation of peripheral equipment described in the statement of work meets the operational needs at the CBP port of entry located at the Veteran’s International Bridge in Brownsville, Texas.

This procurement is essential as a means to update operational concepts of operations (CONOPS) for CBP and to develop operational and functional requirements that will facilitate future competitive acquisitions.

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

No sources expressed written interest in this action.

11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any

Version 2.0 March 2018

Barriers to Competition before Any Subsequent Acquisition for Supplies or Services Required.

If CBP determines additional under vehicle x-ray detection systems are required at other CBP ports of entry, a competitive procurement for these systems will include site preparation, civil works, installation of the system, peripheral security and safety equipment, and operator workstations.

12. Posting Requirement.

A FedBizOpps notice will be publicized as required by 13.501(a).