TEXAS DEPARTMENT OF PUBLIC SAFETY INTEROFFICE MEMORANDUM DATE: June 20, 2006 TO: Oscar Ybarra, Chief of Finance FROM: Jack Colley, Chief, EMD SUBJECT: Emergency Contract - Border Security Technical Operational Program Development request that you take action to have the Border Security Technical Operational Program Development contract than I have provided executed as an emergency purchase. 1. Background: A. On or about May 22nd,.i was advised that the Office of the Governor wanted to commit state and local law enforcement resources and supporting forces to support Federal border security activities. i was also advised that it would be necessary to move the Border Security Operations Center (BSOC) from a limited interim operational capability to a fully capable center capable of coordinating expanded border security operations, which would require more planning, staffing and additional equipment and systems. I was further advised to begin planning the effort and that the Governor?s Office was in the process of identifying possible funding to support the effort. B. The EMD Operations staff was immediately tasked to work up an expanded package of 8800 staff, equipment, and systems necessary to carry out the new mission. The additional requirements are: 1) Develop a statewide Border Security strategy and related concepts, methods, and procedures to coordinate state and local efforts to cooperate with federal agencies in operations to deter, intercept, and apprehend criminals and terrorists to create safe and secure Texas border communities. 2) Provide personnel to staff the Texas BSOC with skilled experts who can transform information and intelligence into operational plans to reduce crime in the border area. 3) Develop an implementation roadmap and provide lifecycle impact assessments for the implementation of the following technologies into border security operations: ilVlAP, NGC Intel Fusion Center Initiative, LiveScan, and the Texas Regional Resource Network (TRRN) 4) Coordinate with information technology vendors to plan and deploy a web?based, networked surveillance system to detect and aiert law enforcement agencies of criminal activities occurring on public and private land (ranches) located in the border areas. 5) Provide qualified personnel to staff the 8800 in order to carry out its role in organizing, coordinating, and supervising combined local?state border security field Operations and assessing their effectiveness, as well as providing liaison personnel to coordinate border security field operations. 6) Develop operational concepts to integrate both air and ground National Guard forces and capabilities in border security operations. 7) Develop a state?local law enforcement augmentation plan and training plan to integrate state and local law enforcement capabilities into border security operations 2. Previous Actions Relating to this Procurement A. On or about May 25th, I was advised that Byrne Justice Assistance Grant (JAG) funds administered by the Criminal Justice Division (CJD) could be used to support this project and advised to apply for a grant. B. On June ist, Governor Perry announced that the State would sustain and expand border security operations involving locai governments and state agencies working in support of Federal government efforts. C. DPS made application to CJD for a JAG grant for border security activities on June 2nd. Based on feedback from CJD, we submitted a revised version of the grant application on June 7th. On June 15th, DPS received an e-mail from the CJD project officer advising that our grant application would be approved, and that the e?mail could be consider as official approval to proceed with purchases. The e?mail further advised that the award documents would not be distributed for several weeks. 3. Why An Emergency Purchase? A. This purchase is intended to prevent a hazard to public safety. The Governor described the hazard as ?the Texas-Mexico border is becoming an increasingly dangerous and violent place for peace officers and the citizens they protect,? citing increased armed standoffs, intense gun battles, high speed chases, and intrusions by armed individuals in military garb. B. This purchase is aiso intended to prevent hazards to property by providing citizens and law enforcement personnel the capability to detect criminal activity on both public and private property through video surveillance so that timely action can be taken to arrest the criminals. C. The. Governor directed expanded state and local border security to begin quickly and before any contracting process cauld begin. lnitial operations were conducted in early June in the Del Rio area and operations are now underway in the Laredo area; follow?on operations are planned for near?term execution in other areas of the border at a relatively fast pace. it is clear that EMD lacks sufficient staff, has insufficient expertise, and lacks the array of technology needed to effectively plan, coordinate, and carry out large-scale security operations. We need these capabilities forthwith since state and local personnel and equipment have been and are now conducting operations on the ground in the border area as directed by the Governor. libel-revewe cannot wait the approximately 30 days. the normalcontracting, "process vviliireqiuire ahd'the further time an unfamiliar contractor wouid retitiire' tofconfirnence immediate action, we risk conducting inadequately planned, gripe-"wise operations that may be result in duplication of effort, gaps ins-emery, and encoordinated operational activities that may use state and locai funds ineffectively and could pose a- safet'y?ri'sk to theiparti?bipantsand ?the local populace. 4. Why This Contractor? A. Abrams Learning information Systems was awarded the contract for initial development of the BSOC, to include concept development, program planning, preparation of operational procedures, identification of staffing, equipment, and training requirements, and training requirements. The contract also required ALIS to provide the staff needed to implement a limited BSOC operational capability. The staff has provided has been exceptional well qualifiedand their efforts in- program development, planning, and coordination have been first rate and sUbstantially exceeded our expectations. They have coordinated effectively with our staff, state agencies, local governments, and with federal agencies. They dispatched a company vice president to oversee the effort and have cycled a number of different members of their staff through the BSOC to build expertise. Key members of the ALIS staff have deployed to the border area for planning sessions, to conduct operational briefings, and to resolve operational issues. Hence, they the company has a cadre that was instrumental in making the BSOC operational, is intimately with border security programs in Texas, and has extensive experience in planning, conducting, and evaluating border security activities. insofar as i am aware, not other company has the combination of knowledge, skills, experience, and abilities to execute the compiex statement of work for this project quickly. 5. i believe the foregoing clarifies that the requirements that are driving this emergency purchase arose suddenly due to decisions by the Governor regarding the security of the State and are intended to reduce hazards to public safety and property. I further believe there are very good reasons to award the contract to a specific firm. Jack Colley Chief