WebEOC JA Redacted.pdf

U.S. Customs and Border Protection Justification and Approval for Other Than Full and Open Competition

For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 1.0 September 2016

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

BRAND NAME JUSTIFICATION

1. Agency and Contracting Activity.

U.S. Customs and Border Protection (CBP), Office of Acquisition, in support of Operations Support proposes to enter into a contract on a basis of other than full and open competition.

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

CBP intends to award a brand name procurement for development, maintenance, and analytical services in support of the existing Web Emergency Operations Center (WebEOC) System.

(a) Type of action: Firm Fixed-Price Contract

(b) Amount:

(c) Type of funding: Operations and Maintenance funds

(d) Year of funding: FY2020 (PC&I) and FY2021 (O&M)

(e) Other brief descriptive words and phrases: CBP has a requirement to continue operation of its WebEOC system for continuity of operations.

3. Description of Supplies/Services.

CBP intends to procure continued upgrades and support for its WebEOC web board development and analytical support services in order to maintain access to the Commercial- Off-The-Shelf (COTS) product owned and manufactured by ESi Acquisition, Inc.

(ESi)/Juvare.

Period Unit Price Base Period 12 months Option Period 1 12 months Option Period 2 12 months Option Period 3 12 months Option Period 4 12 months

Total

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

The statutory authority permitting other than full and open competition is FAR 6.302-1

Services Will Satisfy Agency Requirements, more specifically FAR 6.302-1(c)

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

ESi/Juvare is the sole developer and manufacturer of the WebEOC System software and owns all proprietary rights to the COTS product. There is no other software solution that can provide all of these required capabilities and benefits without significant disruption of and cost to CBP operations.

requirements, thereby precluding consideration of a product manufactured by another company.

CBP acquired the WebEOC product approximately ten years ago from resellers under DHS FirstSource II strategic sourcing vehicle. CBP required extensive development customizations to the software to meet its requirement and tailor the Emergency Management system to meet the needs of CBP s unique workflow and organizational needs.

CBP uses the software as the platform for its Electronic Medical Records (EMR) system, Novel Coronavirus (COVID-19) pandemic tracking, continuity operations planning, and field incident reporting.

CBP has a mission critical requirement for continued development of all of its WebEOC boards (CBP COVID Response Board and the Medical Intake Board), which includes, access, maintenance, upgrades and overall support for WebEOC. The continued use of the WebEOC system, a highly customized COTS product, remains the only operationally viable solution for CBP and allows CBP to maintain use of its existing WebEOC functions, which are extensive, mission critical and meet all of the technical needs of CBP for multiple workflows with a nexus to public safety and health, as well as national security.

These workflows include: Emergency Management preparedness and response, continuity, EMR for detainee medical services, and COVID-19- tracking and reporting. CBP relies upon the WebEOC system for management of these critical lines of effort in addition to other dynamic operational workflows. WebEOC supports and integrates the use of federally mandated adoption of the National Incident Management System (NIMS) as well as terminology, processes, and templates specified by the Incident Command System.

Additionally, WebEOC is the shared platform utilized by several federal-level mission partner agencies, to include the Federal Emergency Management Agency (FEMA), primary DHS mission partner in emergency management. Utilizing the same platform as FEMA promotes invaluable mission critical interagency effectiveness. WebEOC software enables DHS mission partners that are managing National and Regional level emergency and disaster response to remain interoperable and enhance efficiencies by developing and sharing board input design, functionality, code and best practices. Since FEMA also uses WebEOC for crisis management and response, CBP and FEMA will be able to jointly employ real-time coordination and a Common Operating Picture (COP) when planning and responding to national level incidents and emergencies, even while operating on different servers. The COP interagency features and functionality are highly important, as the enablement of command-and-control functions, shared resource dispatching, secure web interface, two-way communication options, flexibility to quickly adapt and change procedures based on operational requirements, and facilitation of Situational Awareness (SA) across agencies is integral in responding to emergencies.

It is important to emphasize that being able to communicate and integrate seamlessly with FEMA, when responding to high risk national level incidents, has vital implications for both public safety and national security. FEMA awarded a follow-on WebEOC contract in early FY21 that consisted of one base year and four option years to Juvare. Utilizing the same platform for emergency response provides joint real-time situational awareness, standardized instruction in incident response, facilitation of shared communications, and elimination of duplicate data entry. Utilizing the same system as our partners (Federal, State, and Local), ensures delays in information sharing between entities during mission critical times (i.e.

Federal response to emergency situations or disaster responses) will be prevented. By utilizing the WebEOC system, CBP will ensure that it is able to communicate and receive real-time critical mission information. Using an alternative system would result in delays in information transfer that could seriously jeopardize operations and the health and safety of CBP personnel and/or the public.

Continuing to use the same system as FEMA for Emergency Management promotes system redundancy as defined in national continuity objectives. System redundancy enables CBP

Juvare has stated in previous conversations that WebEOC is not integrated off-the-shelf with any of its competitors. Due to WebEOC not having any off-the-shelf integration with competitive systems, CBP would be required to pay for the development of customized integration between two different systems.

CBP is also using WebEOC for its Congressionally Mandated Electronic Medical Records (EMR) system, as per the Consolidated Appropriations Act of 2020,to track and manage contract medical services provided to individuals in CBP custody. CBP also possesses the capability to leverage WebEOC WebFusion tool to seamlessly and securely share medical information for those minors whose custody is transferred to Health and Human Services (HHS), as HHS also utilizes WebEOC software. This capability supports CBP s ability to ensure continuity of medical care for the large percentage of minors who are transferred to HHS custody and whose medical reco .

displays, coding, and integration with CBP Enforcement Systems. A change in platform away from WebEOC would req document medical care.

CBP has modified the COTS-based WebEOC that it uses today over the last ten years to meet and support CBP emergency requirements. No other software company meets these parameters without the need for extensive customization, which would cause CBP to stop rollout and production of boards, which are generated with each new emergency, in order to duplicate the investment, it has in place in the 80 customized boards; this includes designing, testing, conducting security and privacy reviews, developing interfaces, and re-training approximately 3000 users. When added together, to customize and deploy any other software to the same level would require an investment of at least $7 million dollars in development costs and at least two years to implement. This is on top of the routine costs associated with day-to-day management, maintenance, and support of the system.

Additionally, during the transition time, the Government would be required to support and maintain the existing CBP WebEOC System at approximately $2M annually to support ongoing Emergency Management and response, provide medical services continuity and accommodate existing capabilities until a replacement system is in place.

As such, transitioning to a new software would cause significant delay and interruptions in continuing operations, interface problems, interoperability concerns, operational issues, safety risks, and result in costs of almost $10 million, Given the above, the WebEOC software/system developed by ESi/Juvare is the only

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

CBP intends to make this justification publicly available with the solicitation pursuant to FAR 5.102(a)(6).

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

The contracting officer will review the proposed price and determine if it is fair and reasonable. There is pricing history to use for comparison. Further, competition amongst resellers will provide competitive pricing.

8. Description of Market Research.

Market research was conducted to identify contractors that could provide enterprise level Emergency Management software. The market research showed that there are number of systems on the market to include Disaster LAN, Knowledge Center, and E-Team. Most of these systems are tailored to and fielded for use by smaller, state level agencies. Even with modifications, these other systems cannot meet CBP current operational requirements (Incident Management, OPR Field Reporting System, CBP Electronic Medical Records). To meet these requirements, CBP would be required to redevelop or purchase and customize additional COTS products to fill these voids. The WebEOC system/software currently in use by CBP meets the complex needs of CBP and the offices it supports.

Any other software selected would require CBP to duplicate millions of dollars in customization, implementations, system integration, interface developments, security reviews, privacy reviews, and training expenses. Additionally, another software would not achieve the mission critical operational efficiency and effectiveness, nor the risk mitigation goals that are realized through maintaining the ability to interoperate with FEMA, CBPs federal mission partner in emergency management. CBP would also lose the potential to seamlessly and securely share information with HHS, care and custody of minors. The loss of utilizing a shared platform with HHS for the care and custody of minors and with FEMA for emergency management purposes would also have adverse impacts to national security and public safety in the event of a continuity event where CBP employees would not be able to readily utilize FEMA s crisis response platform, if needed, due to a lack of training and fielding.

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

Not Applicable.

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

Acquisition.

An Acquisitions Planning Forecasting System (APFS) forecasting record (#2021053191) was created on 12/31/2020 notifying potential interested parties about our intent to solicit and award this effort. As of 03/10/2021, no additional vendors other than Juvare have expressed interest from the APFS notification.

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.

CBP will continue to conduct market research and assess alternatives to the existing system. If it is determined that a new system would be in the best interest of the government, CBP will engage with industry on a new acquisition strategy.

12. REQUISITION/PROGRAM OFFICE CERTIFICATION

needs and contains complete information necessary to support the action described in this document and the authority cited.

Office:

Name: (Print):

Title:

Signature: _ _ Date: _____________

13. CONTRACTING OFFICER CERTIFICATION/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.

Name (Print):

Contracting

Signature: _ ____ Date: _____________

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $700,000 shall constitute approval of the J&A.

14. CHIEF COUNCIL REVIEW (Per HSAM 3006.304-70 - Above the SAT)

Name (Print):

Signature: _____________________________________ Date: _____________

&A APPROVALS

15. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Above $700,000)

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: _ _ Date: _____________