X-Ray Maintenance JA Signed Redacted.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition Office of the Chief Procurement Officer Version 3.4

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

Authority 41 U.S.C.3304(a)(7)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal

Law Enforcement Training Centers (FLETC), Procurement Division (PRO), Artesia Field Branch, 1300 West Richey Avenue, Artesia, NM 88210 proposes to enter into a contract on a basis other than full and open competition to provide annual maintenance on one x-ray machine unit.

2. Nature and/or Description of the Action being Approved.

(a) Nature of action: FLETC PRO intends to procure on a sole source basis maintenance on one x-ray machine unit for one year (1 October 2024 through 30 September 2025).

(b) Name and address of the contractor: Autoclear LLC, 10A Bloomfield Ave, Pine Brook

NJ 07058

(c) Contract type: Firm fixed price.

(d) Estimated total value (including options):

This service was previously awarded under sole source under purchase order 70LART23PPFB00018, which expires on 30 September 2024.

(e) Type of funding: Operations

(f) Year of funding: Fiscal Year 2025

(g) Solicitation Number: 70LART24QPFB000XX

(h) Background information about the requirement: The current purchase order 70LART23PPFB00018 was awarded on 30 September 2023 to Autoclear LLC, on a sole source basis after it was determined they were the only responsible source available.

3. Description of Supplies/Services. The requirement is to provide annual maintenance on one x-ray machine unit at FLETC Artesia. The contractor shall provide annual maintenance on one x-ray machine located at West Facility, Building 80. The annual maintenance inspection shall be performed per manufacturer’s recommendation to include Schedule 1 annual inspection per year and to provide emergency services (estimated 3 emergency calls per year) to include all travel and unlimited operational troubleshooting as needed or required. This

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition service will ensure the x-ray machine unit remains functioning properly and safely to support FLETC Artesia operations. The contractor is familiar with the equipment and can provide the required services and support to FLETC.

4. 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.3304(a)(1) implemented by the 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. This section is not applicable to this justification and approval.

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. Autoclear LLC specializes in the design, manufacture, and support of high-quality security systems through X-ray scanners, metal detection, and the advanced detection of trace particulate vapor explosives and narcotics.

Autoclear, LLC is the sole source supplier of all new and refurbished parts used in the maintenance and servicing of its equipment, and all service repair and parts must be purchased through Autoclear LLC. If any unauthorized third-party performs services on, or if any third-party parts are installed on/in an Autoclear manufactured security unit, it could compromise the total performance of the system and void any existing warranty or maintenance agreement coverage. Thus the use of another vender would incur additional costs and likely result in an interruption of required service and support.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. An announcement of the Government’s intent to sole source this requirement will be posted on SAM.gov after this justification and approval has been reviewed and approved. The estimated date for this announcement is 30 September 2024.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer determines that the anticipated price will be fair and reasonable based on past contractual history (70LART23PPFB00018, 70LART22PPFB00006 and 70LART22PPFB00029), GSA pricing information, and general market prices for similar services.

9. Description of Market Research. The SBA Dynamic Small Business Search (DSBS) website was searched on 30 July 2024 to identify possible sources within New Mexico that could provide the annual maintenance service. No vendors were found. The internet was also searched on 2 August 2024 for a list of contractors that would be able to provide the required service and support. The market research showed that Autoclear LLC was the only vendor authorized to provide continued service and support. Specific price lists were unavailable from other vendors as the existing equipment is unique to FLETC Artesia.

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

Autoclear LLC is the only contractor experienced with working on the existing equipment at

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

FLETC Artesia. Autoclear LLC has provided continued service and support for FLETC Artesia over the past several years, and the use of another contractor would incur additional costs and possible interruption of required service and support.

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

Acquisition. The justification and approval for the current purchase order 70LART23PPFB00018 was posted on SAM.gov on 3 October 2023 with no responses received from interested vendors. An announcement of the Government’s intent to sole source this requirement will again be posted on SAM.gov and responses from any interested vendors will be addressed.

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. Market research will continue to be performed to determine if any new vendors can meet the annual maintenance needs of FLETC Artesia. In the future, if market research indicates that additional sources can provide the annual maintenance services without being cost-prohibitive or incurring an interruption of services, then a competitive procurement process will be considered.

13. Contracting Officer’s Certification. 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.

Contracting Officer Date

14. Technical/Requirements Personnel Certification. I certify this requirement meets the

Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

APPROVAL:

Contracting Officer Date