Inactive

OFFICE OF ACQUISITION MANAGEMENT Justification for Other Than Full and Open Competition 41 U.S.C. 3304 ______________________________________________________________________________ Pursuant to the re... OFFICE OF ACQUISITION MANAGEMENT Justification for Other Than Full and Open Competition 41 U.S.C. 3304 ______________________________________________________________________________ Pursuant to the requirements of the Competition in Contracting Act as implemented by the Federal Acquisition Regulation (FAR) 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 based on the following facts and rationale required under FAR Subpart 6.303-2 as follows: 1. Agency and Contracting Activity The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of the Enforcement and Removal Operations (ERO) Detroit Field Office on as basis of other than full and open competition. 2. Nature and/or Description of the Action Being Approved This is a new firm-fixed price stand-alone purchase order in the amount of ~$ XX,XXX.XX. The purchase order requires the contractor to repair and upgrade an existing closed-circuit television (CCTV) system installed in 2011 by Simplex Grinnell (now Johnson Controls). Johnson Controls, Inc. District #321 24755 Halsted Rd Farmington Hills, MI 48335-1612 3. Description of Supplies/Services This requirement is to repair and upgrade an American Dynamics manufactured CCTV system at an estimated cost of $XX,XXX.XX. Specific tasks to be performed include: • Addition of three (3) panoramic cameras of at least five (5) megapixels. • Addition of no more than four (4) fixed cameras to cover strategic points of interest (gates and guard shack) not currently covered. • Replacement or repair of two (2) management computers, specifically failed graphic cards and failed read/write CD burners. • Replacement or repair failed and undersized monitors. • Provision of cabling and mounts for new cameras. • Setup and program any new cameras or other items replaced. Period Time Total Price Base 60 days $XXXXX.XX 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 as implemented by: X FAR Subsection 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements. ? 6.302-2: Unusual and compelling urgency. ? 6.302-3: Industrial mobilization; engineering, development, or research capability; or expert services. ? 6.302-4: International agreement. ? 6.302-5: Authorized or required by statute. ? 6.302-6: National security. ? 6.302-7: Public interest. 5. Demonstration that the Contractor's Unique Qualifications or the Nature of the Acquisition Requires the Use of the Authority Cited ICE/OAQ intends to procure services to repair and upgrade an existing CCTV system installed in 2011 by Simplex Grinnell (now Johnson Controls). Pursuant to FAR 6.302-1: There is only one responsible source and no other supplies or services will satisfy the agency's requirement. The CCTV system was installed using cameras, software and other hardware manufactured by American Dynamics. Both American Dynamics and Simplex Grinnell are now subsidiaries of Tyco International, also known as Johnson Controls. Johnson Controls restricts repairs and replacement of their proprietary hardware and software, therefore only one responsible source is available to meet this requirement. Previously, purchase order HSCEDM-15-P-00143 was competitively awarded to a company other than Johnson Controls to repair/upgrade the CCTV system. This purchase order had to be terminated as the company was unable to access the proprietary hardware and software required for this repair/upgrade. The same result will likely occur should this requirement be competed. Therefore, it is in the best interest of the Government to award a sole source purchase order to Johnson Controls for the repair/upgrade of an existing CCTV system. 6. Efforts to Obtain Competition X OAQ intends to publicize this requirement, prior to award, as required by subpart 5.2 by posting a notice on FedBizOpps on or before September 6, 2019. ? OAQ does not intend to publicize this requirement, prior to award, based on the following 5.202(a) exception: [See FAR 5.202(a) and select one of the 14 exceptions allowed for not publicisizing on www.fbo.gov. 7. 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(s) will be fair and reasonable based on: • Comparison with competitive published price lists. • Comparison of proposed prices with independent Government cost estimates. 8. Description of Market Research An Internet search was conducted to determine if purchasing a new system would be more beneficial to the Government. Furthermore, Johnson Controls was contacted to obtain a commercial pricelist as well as a statement regarding whether authorized resellers/distributors can meet this requirement. Finally, Johnson Controls' General Services Administration contract pricelist was reviewed to determine whether this requirement could be purchased through Johnson Controls' federal supply schedule. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition None. 10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition. A synopsis was issued on FedBizOpps requesting that parties express their interest in writing to the Contracting Officer. 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 Any requirement for a new CCTV system will be competed to the maximum extent practicable. Repairing/upgrading the existing CCTV system is in the best interest of the Government from a fiscal perspective. Should the Government require a future repair to the existing system, the market will be reexamined to determine if Johnson Controls has given access distributors access to its proprietary hardware and software. If so, the Government will compete the requirement to the maximum extent practicable. X After award of this action, DHS intends to post the approved/signed justification pursuant to 6.305. ? After award of this action, DHS does not intend to post the approved/signed justification in accordance with 6.305(f).small and technology is not shared. It would be highly unlikely to get a security system that is open sourced and meets ICE requirements. 12. Certifications Requirements/Technical 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 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