A03.11_W912HZ17R0014_Justification_and_Approval_for_BTADS-P_Testing_and_System.pdf

ERDC Control Number: 18-0012

Justification Review Document for Other than Full and Open Competition for a Sole Source Contract Award for Border Tunnel Activity Detection System-Point

(BTADS-P) Testing and System Update

Requirement: On-Site System Update and Sensor Testing of the Border Tunnel Activity Detection System - Point (BTADS-P) by Raytheon BBN Technologies Corporation

Authority: FAR 6.302-1(a)(2)(iii)(B) 10 United States Code, Section 2304(c)(1), Only One Responsible Source and No

Other Supplies or Services Will Satisfy Agency Requirements

Estimated Amount: $688,648.00

Prepared by:

Jody Criss Contract Specialist Phone: (601) 634-5248 E-mail: Jody.Criss@usace.army.mil

Contracting Officer:

Anitra D. Wilson Contracting Officer Phone: (601) 634-3676 E-mail: Anitra.D.Wilson@usace.army.mil

Technical Representative:

Gustavo Galan-Comas Research Civil (Geotechnical) Engineer Phone: (601) 634-5436 E-mail: Gustavo.Galan-Comas@usace.army.mil

Requirements Representative:

Research Civil (Geotechnical) Engineer Phone: (601) 634-5436 E-mail: Gustavo.Galan-Comas@usace.army.mil

Justification Review Document for Other than Full and Open Competition for a Sole Source Contract Award for Border Tunnel Activity Detection System-Point

(BTADS-P) Testing and System Update

1. Contracting Activity: The ERDC Contracting Office (ECO) located at the U.S. Army Corps of Engineers (USACE) - Engineer Research and Development Center (ERDC), 3909 Halls Ferry Road, Vicksburg, MS 39180-6199.

2. Description of Action: The ERDC intends to award a new cost-plus-fixed-fee type contract pursuant to the authority of 10 United States Code Section 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), only one responsible source and no other supplies or services will satisfy agency requirements, on an other than full and open competition basis to Raytheon BBN Technologies Corporation (CAGE Code: 3U6L5). Funding for this contract in the estimated amount of $688,648.00 will be provided by the United States Department of Homeland Security, Customs and Border Protection Agency.

3. Description of Supplies/Services: The Geotechnical and Structures Laboratory (GSL) of the US Army Engineer Research and Development Center (ERDC) has a requirement under direction from the US Customs and Border Protection Agency (CBP) to perform a system update and proof-of-concept test of fixed site sensors to be used in tunnel detection. The ERDC has the responsibility for demonstrating existing Border Tunnel Activity Detection System-Point (BTADS-P) capabilities aimed at detecting potential threats through identification of tunnel construction and use. This system is used to identify digging and other tunnel use activities around a perimeter. Raytheon BBN Technologies Corporation will provide guidance on sensor installation, calibration and signal processing for these sensors. The period of performance for each task is six months after receipt of contract.

4. Authority Cited: The authority is 10 United States Code Section 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

a) Background: The Border Tunneling Activity System - Point (BTADS-P) was developed by BBN Technologies Corporation under contract number W912HZ-08-C-0042 for the US Army Corps of Engineers, ERDC. BBN Technologies Corporation is now a part of Raytheon. The BTADS-P and its predecessor Tunnel Activity Detection System (TADS) are seismic-acoustic monitoring systems that have been deployed within the Contiguous United States (CONUS) and Outside the Contiguous United States (OCONUS) sites since 2008 and have been highly successful in detecting and localizing tunneling activity (access/egress) in both border and perimeter (enclosed compound) configurations.

b) Justification: The software for the BTADS-P is covered under a joint government patent with Raytheon BBN Technologies and the ERDC. Any changes to the software and any testing of the system would require collaboration between both parties. Because of the proprietary information required to perform this testing and to make this upgrade to the system, no other vendor has the capability to perform these services.

c) Impact: The time required to prepare a competitive solicitation and to select a source on a competitive basis would likely delay the improvement of tunnel detection capabilities by the US Customs and Border Protection Agency. Furthermore, the cost required for a new vendor to create a new, similar tunnel detection system under a competitive procurement might be prohibitive and might not be approved by the US Customs and Border Protection Agency.

6. Efforts to Obtain Competition: In accordance with FAR 5.202 and 5.207(c)(15), a notice of intent to award this requirement on a sole source basis to Raytheon BBN Technologies Corporation was posted to the government-wide point of entry (GPE), the Federal Business Opportunities website on 01 September 2017 under NAICS code 541712 (Research and Development in the Physical, Engineering, and Life Sciences except Biotechnology) with a size standard of 1,000 employees. All interested responsible sources were informed that they could submit a capability statement including their experience and past performance, a proposal, or a quotation demonstrating their ability to provide the requirement for consideration by the ERDC.

One company, Wartell Consulting, LLC (CAGE Code: 42WT2), responded to this notice.

However, this company was not interested in performing this particular system update and sensor testing service. Instead, the company wanted to make the ERDC aware of its proprietary technology which uses cosmic rays for imaging applications. The company expressed interest in submitting a separate proposal under the ERDC Broad Agency announcement explaining this cosmic ray technology and its application to border protection solutions. No other potential vendors responded to this notice.

7. Actions to Increase Competition: Refer to paragraph 6 above. A notice of intent to award this requirement on a sole source basis to Raytheon BBN Technologies Corporation was posted to the government-wide point of entry (GPE), the Federal Business Opportunities website on 01 September 2017 under NAICS code 541712 (Research and Development in the Physical, Engineering, and Life Sciences except Biotechnology) with a size standard of 1,000 employees.

All interested responsible sources were informed that they could submit a capability statement including their experience and past performance, a proposal, or a quotation demonstrating their ability to provide the requirement for consideration by the ERDC.

8. Market Research: Market research has revealed that the BTADS-P system is the only one of its kind for tunnel detection. It is also the only system compatible with the other tunnel detection systems created by ERDC for soldier use that is being adapted and expanded for civilian use in permissible environments. Replacing the BTADS-P system is not in the best interest of the government due to cost. In addition, a notice of intent to procure this equipment on a sole-source basis was posted to the Federal Business Opportunities website under NAICS code 541712 (Research and Development in the Physical, Engineering, and Life Sciences except Biotechnology) with a size standard of 1,000 employees. All interested sources were informed that they could submit a capability statement, a proposal, or a quotation demonstrating their ability to provide the requirement for consideration by the ERDC. No vendors expressed either an interest in updating or testing the BTADS-P system or the capability to conduct the system update.

9. Interested Sources: No other interested sources have been identified. In an attempt to acquire interested sources other than Raytheon BBN Technologies Corporation, information regarding this procurement was posted at the GPE, the Federal Business Opportunities website.

All interested responsible sources were informed that they could submit a capability statement including their experience and past performance, a proposal, or a quotation demonstrating their ability to provide the requirement for consideration by the ERDC. One company, Wartell Consulting, LLC, responded to this notice. However, this company was not interested in performing this particular system update and sensor testing service. Instead, the company wanted to make the ERDC aware of its proprietary technology which uses cosmic rays for imaging applications. The company was interested in submitting a separate proposal under the ERDC Broad Agency announcement explaining this technology and its application to border protection solutions.

10. Other Facts:

a) Procurement history. Contract Number W912HZ-08-C-0042 titled “Border Tunnel Activity

Detection System (BTADS)” in the amount of $4,284,347.00 was awarded to BBN Technologies Corporation on 03 June 2008, and its purpose was to provide design, delivery, training, installation, support, equipment, software, hardware, technical data, manuals, and related services, supplies, and reports for the successful completion of an operational BTADS. Modification P00001 exercised all of the options under this contract, Modification P00002 decreased the total cost and the fixed fee amount of the contract, Modification P00003 extended the period of performance end date of the contract, Modification P00004 increased the funding available under the contract in accordance with changes to the technical requirements, and Modification P00005 again extended the period of performance end date of the contract and added funding for insurance under the Defense Base Act. After the award of Modification P00005 on 30 October 2009, the total amount obligated under the contract was $11,883,816.00. No further modifications were required.

b) Acquisition data availability. The software for this system was developed and filed under a joint government patent with BBN Technologies Corporation (now Raytheon BBN Technologies Corporation) and the ERDC. Therefore, the involvement of Raytheon BBN Technologies Corporation would be required for a software license to be issued to a third party under any future competitive procurement for an update to this system.

c) Unusual and compelling urgency. N/A

d) Subcontracting competition. N/A

11. Technical Certification:

“I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.”

Gustavo Galan-Comas Research Civil (Geotechnical) Engineer

12. Requirements Certification:

“I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.”

Research Civil (Geotechnical) Engineer

13. Fair and Reasonable Price Determination:

“I hereby determine that the anticipated cost to the government for this contract action will be fair and reasonable based on market research conducted, previously awarded similar contracts, and comparison of the proposed price with the Independent Government Estimate.”

Anitra D. Wilson Contracting Officer

14. Procuring Contracting Officer Certification:

“I certify that this justification is accurate and complete to the best of my knowledge and belief.”

Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of on-site system update and sensor testing of the Border Tunnel Activity Detection System - Point (BTADS-P) by Raytheon BBN Technologies Corporation on an other than full and open competition basis pursuant to the authority of 10 United States Code Section 2304(c)(1) as implemented by Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” in the estimated amount of $688,648.00 subject to the availability of funds and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Contracting Officer u4ct9adw Typewritten Text 14 Nov 2017