118. Department Security IQ Sim I 5009 U.S.. Immigratiori and Customs Enforcemeiit September 19, 2012 CHRISTOPHER SOGI--IOIAN CENTER FOR APPLIED CYBERSECURITY RESEARCH INDIANA UNIVERSITY PO. BOX 2266 WASHINGTON, DC 20013 Re: ICE FOIA Case Number 2012FOIA5235 Dear Mr. Soghoian: This letter is the final response to your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated January 25, 2012. You have requested copies of all legal opinions. memoranda. briefs, training manuals, e--mails and as any other documents including communications with other federal and state agencies relating to "cell site simulators." catchers". "Stir1gRay", "Amber.Iacl<" or other similar mobile phone surveillance and tracking devices. Your request has been processed under the FOIA, 5 U.S.C. 552. A search of the ICE Office of Acquisition Management (OAQ) for records responsive to your request produced forty-one (41) pages responsive to your request. After review of those documents, I have determined that 5 pages are released in full and portions of36 pages will be withheld pursuant to Exemptions and ofthe FOIA as described below. ICE has applied Exemption 4 to protect from disclosure unit price and quantity information contained within the documents. OIA Exemption 4 protects trade secrets and commercial or financial information obtained from a person that is privileged or confidential. The courts have held that this subsection protects confidential commercial information, the disclosure of which is likely to cause substantial harm to the competitive position of the person who submitted the information and information that was voluntarily submitted to the government if it is the kind of information that the provider would not customarily make available to the public. I have reviewed the responsive documents, the submitter's objections to release, and relevant case law, and I have determined that portions of the responsive records are exempt from disclosure under subsection of the OIA and must be withheld in order to protect the submitter's proprietary interests. ICE has applied Exemptions 6 and to protect from disclosure of the names, phone numbers, and email addresses of DHS employees and third parties contained within the documents. FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public's right to disclosure against the individual's right privacy. The types of documents and/or information that we have withheld may consist of social security numbers, home addresses, dates ofbirth, or various other documents and/or information belonging to a third party that are considered personal. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure ofthe information. Any private interest you may have in that information does not factor into the aforementioned balancing test. Exemption protects records or information compiled for law enforcement purposes that could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note of the strong interests of individuals, whether they are suspects, witnesses. or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition of strong privacy interest in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate. As such, I have determined that the privacy interest in the identities of individuals in the records you have requested clearly outweigh any minimal public interest in disclosure of the information. Please note that any private interest you may have in that information does not factor into this determination. FOIA Exemption protects records compiled for law enforcement purposes, the release of which would disclose techniques and/or procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law. I have determined that disclosure of certain law enforcement sensitive information contained within the responsive records could reasonably be expected to risk circumvention of the law. Additionally, the techniques and procedures at issue are not well known to the public. You have the right to appeal ICE's withholding detennination. Should you wish to do so, send your appeal and a copy of this letter to: U.S. Immigration Customs Enforcement, Office of Principal Legal Advisor, US. Department of Homeland Security, Freedom of Information Office, 500 12"' Street, SW., Stop 5009 Washington, DC. 205366009, following the procedures outlined in the DHS regulations at 6 C.F.R. 5.9. Your appeal must be received within 60 days of the date of this letter. Your envelope and letter should be marked Appeal." Copies of the FOIA and DHS regulations are available at The Office of Government Information Services (OGIS) also mediates disputes between FOIA requesters and Federal agencies as a non--exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that does not have the authority to handle requests made under the Privacy Act of 1974. If you to contact OGIS, you may email them at or call 1-877-684-6448. gov Provisions of the FOIA allow us to recover part of the cost of complying with your request. In this instance, because the cost is below the $14 minimum, there is no charge. If you need to Contact our office about this matter, please refer to case number This office can be reached at (866) 633--1182. Sincere gar Catrina M. Par/1ik-- eenan FOIA Officer Enclosure(s): 41 pages S. Oflice ofAcqui.sin'on Management and Customs of Homeland Security L_o treet, Washington. Dc 20536 DOCUMENTATION OF SELECTION Date: August 25, 201 1 Order SCETE- -003 81 Contract Specialist: -- Solicitation l-Q-00203 Requisition(s): 1921 Fed Bid Buy#: Customer POC: Award Date: August 25, 201 1 Customer POC 2) )0 Award Amount: $61,631.25 Delivery Date! Period of Performance: 30 days afier award Buy Description: Grabba Devices (Data Capture Attachments) Contractor Governmen itions Vendor POC: I Contract Vendor POC (S 3 5 DUNS 603814054 Vendor E--mail: Introduction: Requisition was submitted by Homeland Security Investigations (HST) Division 2 to acquire 25 Grabba Devices. The device is a cell phone attachment containing a software application that allows the user to capture data for recording transactions, transformations and events. The device contains a reader that can scan credentials, tags, licenses, and ID cards. The purchase request submitted to the Office of Acquisition Management (OAQ) funded $62,500.00 for this requirement. Background: This procurement is a First Source action pursuant to FAR Subpart 16.5-Indefinite Delivery Contracts. Delivery Task Orders placed under an IDIQ agreement are exempt from the requirements from the requirements of FAR part 5 6. The original awards, made by DHS Headquarters, satisfied all the requirements of Parts 5 6 of the FAR. Solicitation: OAQ issued a request for quotations (RFQ) under the DHS First Source Contract via Fed Connect. This announcement satisfies the requirements for a fair opportunity to be considered. The solicitation was a Lowest Price Technically Acceptable (LPTA) Brand Name or equal requirement. All nine First Source contractors (Small Businesses) were given the opportunity to submit quotes. The table below provides a snapshot of the RFQ results. increase lcoai?sitiniac lg in i -3 Sit. Vet 7' the changes via e~mail. Documentation of Selection Page 1 of 2 Order 000001 Determination I Price Reasonabieness: - Based on FAR 13.106-3 the Government may establish price fair and reasonableness based on competitive quotations of ofiers. Two (2) vendors responded to this RFQ and Government Acquisitions offered the lowest price technically acceptable product. It is in the Government's best interest to award Delivery Task Order HSCETE-1 l-J-00381 to Govemrnent Acquisitions under contract in the amount of $61,631.25. In addition, Government Acquisitions is a responsible vendor as verified by Excluded Parties List Systems (EPLS) as of 03/25/201 1. The company also has an active registration in Contractor Central Registration (CCR). 43425 [3 avg Date 5' ate Documentation of Selection Page 2 of 2 Order HSCETE-1 l-J -0038 20 'l 000002 1 5: ,7 9 IMPO RTANT: Mark all packages DATE OF ORDER on suepues on SERVICES 09/21/2010 and papers with contract owe: numbers. 2. CONTRACT NO. Ifanoy? 03 PAGE OF PAGES 1 6 3. SHIP TO: -3. NAME OF CCINSIGNEE 3. ORDER NO. 4. QEQUBITIONIREFERENCE NO. I 1 921 1 Immigration and Customs Enforcement 5. ISSUING OFFICE {Address OONES ICE/Information Tech/Swag Immigration and Customs Enforcement Office of Acquisition Management 801 I Street NW, Suite 930 10720 icnrponcl Highway washington DC 29535 c. CITY d. STATE Lorton SHIP um 8. NAME OF CONTRACTOR HARRIS IT SERVICES CORPORATION BJYPE OF ORDER D3. puracrmse n. nauvemr . c_ 5735573999555 REFERENCE YOUR: 21000 ATLANTIC BLVD SUITE 3 0 Quote 059 accept for ailing Instructions on {ha Pt_a-ase the foibwing on inc terms and cnrniitions specified on both sides of reverse. this delivery orderis stbiect to mstrucfionawniaifiedon thissida onlyofdisiorrnand is Issue-U u. e. STATE r. 0005 fr": VA 201662496 9. ACCOUNTING ANDAPPROPRWHON nxra 10. REQUISITIONING 09905 See Schedule ICE Ofc of Investigations HQ Div. 6 CLASSIFICATION {checkappropdafe box{9s)) - 12. 9.0.3. PEHNT [j 1 SMALL omen THAHSMALL DISADVANTAGED 9- Desk mat ion a. 9. Huaznm r. emeneme sum. usreanm ausmess omen 13. mace or 14. GOVERNMENT an. H0. 15. oeuvszn Pom? 16. msooum TERMS 3. INSPECTION 0. ACCEPTANCE 30 Days After Award Destination Destination Net 30 17. SCHEDULE fine rwensre for Rejections} ounmm um-r oummv ITEMNO. suppues on ORDERED uurr mace AMOUNT ACCEPTED . (hi (6) (5) (9) (fl (9) 0003 Number: 60293 8771 THIS ORDER IS ISSUED AG INST. THE US AIR FORCE NETCENTS CONTRACT - UNDER AUTHORITY OF THE ECONOMY (31 U. . C. 1535} . ALL NETCENTS CONTRACT if FA8771--04-D--0003 TERMS AND CONDITIONS Continued . . . . I 13. SHIPPING Pom 19. GROSS Lnesenr I 20. mvoace NO. - [Cant pages) 21. MAIL ruvcnce T0: W5 . W3: #33 $188, 452.00 "gS? Burlington Finance Center fur?-0-3?30 Box 1620. W, Attn: ICE--OI--HQ-DIV 6 Game - . - - TOTAL ecm Williston 05495-1620 - 2'2. INTED STATESOF 23, NAME (Typed; AMERICA av gaaynaak?a) - . FOR PREXHOUS OFFICER . - OPIIDNAL men am. moot>> Pram-Ind by Cawmu 7_ 000003 . in - ORDER OR SERVICES PAGE 2 IMPORTANT: M?rk all packages and papers with contract andfar otder numbers. . DATEOFORDER CONTRACTNO. ORDERNO. 09/21/2010 I ITEM NO. SUPPLIESISERWCES QUANTITY unrr AMOUNT QUANTITY - onngaeo Pnme ACCEPTED (D) ta) ta) (0 IR) APPLY. ALL NETCENTS DEES AND ANY RELATED comus SHIPPING CHARGES ARR INCLUDED. THIS 13 A FIRM FIXED PRICE ORDER TO UPGRADE A PORTION OF THE EXISTING OVER THE AIR TRACKING SYSTEM WITH ADDITIDRAL EQUIPMENT AND TRAINING. THE TRAINING LOCATED IN PHOENIX, AZ WILL FOCUS on THREE SOFTWARE PACKAGES GSM, AND CDM MOBILE FOR FOUR STUDENTS MAXIMUM, EIGHT HOURS A DAY OVER FIVE DAYS. THE PERIOD OF PERFORMANCE-IS 180 DAYS FROM AWARD. ADVANCE PAYMENTS ARE NOT AUTHORIZED. CONTRACTOR SHALL SUBMIT INVOICE OR QUARTERLY IN ARREARS. NAICS: 517110 PSC: 7050 Period of Performance: 09/27/2010 to 03/26/2011 0001 STINGRAY II -- UP: STINGRAY II UPGRADE 1 EA Accounting Info: SWBV000--000 BA 10~50--00~000 15--01--0600--O8--0O--00--00 GE--31--00--00-- 0002 2009523~1; LAPTOP PC, INCLUDED IN THE COST 1 RA 'or THE STINGRAY II UPGRADE Accounting Info: SWBV000--OG0 BA lOe50--00--0O0 0003 I IDEN 800: HARPOON IDEN 300 MHZ 1 RA Accounting Info: 8WBV000--000 BA lO--50--O0w000 000000 Continued 'Ta FOR LOCAL REPODLDTION - I OPTIONAL FORM 34.8 (my, <2.m.E mmozgpmem 8QZuLE - conrmumo 3 IMPORTANT: Mark ail packages and papa: with contract arrdzorcxuernumnera - DATE OF ORDER CONTRACT NO. ORDER NO. 09/23/2009 EA3771--04--n--00o3 ITEHNO. UNW AMOUNT QUANUTY ORDERED Pace ACcEFfim (al (11) {cl Id) In) (0 fa} STINGRAY UPGRADE. Accounting Info: . BA 1o~5o?0o~oo0 Funded: 0006 HARPOON IDEN BOOMHZ 3 EA IDEN 800) Accounting Info OIDIV04--4LA BA lO--50--00#000 fl--D 0 Funded: 0007 HARPOON DUAL-BAND 2 (PA-KIT-30W DUAL-BAND) Accounting Info: 0IDIVO4--4LA BA GE--31--36-004000000 Funded: 0008 STINGRAY SDR RADIO SLICE 2 EA (309252?-201) Accounting Info: . OIDIVD4-4LA BA 10-50-00-000 Funded: 0009 PORPOISE 3G SILENT - 4 EA Accounting Info: OIDIV04--4LA BA l0--50--O0--000 15-01-0400-04--0B--00--0O -- 0010 STINGRAY II SYSTEM 1 EA SRAXHII) Continued . . . . -.. I . TOTAL CARRIED FORWARD To 1ST PAGE (ITEM . ma LOCAL Repanucmou mum. Foma 348 mu, mam; PREVIOUS NOT USABLE fiwuhcw 6" PM Gnu 5121340 000024 ORDER-0 .. ESUPPUES on IMPORTANT: Markaflpackagas ar1dpape1'3wit|1uonh'ac! anruorame: nur1'sbg4f?: PAGE NO DATE os= onmaa 09/28/2009 CONTRACTNO. FA8771--O4--D--00O3 oaosrmo. HSCETE-09-F-00059 HEM NO. SUPPLESEERWGES qumnwv oammeo UNIT UNIT PRICE AMOUNT QUANTITY ACCEPTED 0011 0012 0013 0014 SAC Accounting Info: OIDIV04--TFH BA 15-01-0400-04-00-00-00 000000 Funded: CDMA CONTROLLER SOFTWARE (FOR SAC Accounting Info: -- OIDIVO4-TFH BA 10-50-00-D00 15-01-0400-04-00-D0-00 -- Funded: GSM CONTROLLER SOFTWARE EURFOR SAC Accounting Info: OIDIV04-TFH BA 10-50-00-000 15-01-0400-04-00-00-O0 GE--31--36-00-000000 Funded: IDEN CONTROLLER SOFTWARE (FOR SAC NEWARK) Accounting Infofi OIDIV04-TFH BA 10-50-00-000 15-01-0400-04-00-00-00 GE-31-36-00-000000 Funded: DELL LATITUDE D630 LAPTOP PC CONTROLLER LAPTOP PC 2009523-101) SAC Accounting Info: DIDIV04-TFH BA 10-50-00-000 15-01-0400-04-O0-00-00 Continued ..- EA EA EA TOTAL CARRIED FORWARD PAGE (ITEM 1704)) FOR LOGAL REPODUCTIDN ED-1110M N-OT USABLE 1: Hreoerhed by Gan FAR 53.21am 2012FCHA5235000025 ORDER SCHEDULE - CONTINUATION IMPORTANT: Mark all packages and Paflerswiih cvontraca andio-r order numbars. I SUPPLIES OR SERVICES - PAGE NO DATE OF ORDER 09/28/2009 couTRAcTuo_ ORDERNO. HSCETE--09--F--O0059 ITEM R0 0015 0016 0017 0013 SUPPLIESISERVICES W) QUANTTIY ORDERED UNIT UNIT (m AMOUNT HARPOON HIGH POWER FILTERED 30W PA KIT SINGLE BAND IDEN B00 PA-KIT-30W IDEN B00) SAC Accounting Info: BA HARPOON HIGH POWER FZLTERED PA KIT DUAL-BAND 850/1900 DUAL-BAND corms} (FOR SAC Accounting Info: OIDIVO4--TFH BA 10-50-00-000 GE--31-36-0U--00O00U Funded: HARPOON HIGH POWER FILTERED 30W PA KIT - SINGLE BAND 2100 2100) SAC ficcounting Info: o:oIvo4--TFH BA 15401-0400-o4--o0--oo--c0 -- RMBERJACK-W SAC NEWARK) Accounting Info: OIDIV04-TFH BA Continued EA EA 1 EA 1 EA AUTHORIZED FOR LOCAL REPODIETDN PREVIOUS EDITKJN NOT USABLE ornuumjnnumumuun 000026 cause SUPPLIES on semnces scuenuus - co:~mHuAnoN IMPORTANT: Maris ail packages and paparswun contract order numbers. 6 PAGE NO one ORDER CONTRACT No. 09/23/2009 ORDER NO. HSCETEMU9-F-D0059 man No. sun:-uesrseavuces oummw uurr ORDERED (8) (D) . UNIT PRICE AMOUNT awmnw ACCEPTED PAYMENTS ARE NOT AUTHORIZED. CONTRACTOR SHALL SUBMIT INVOICE OR IN ARREARS. INVOICE PAYMENT INSTRUCTIONS Please use these procedures when you submit an invoice for all acquisitions emanating from . 1. Invoices shall now be submitted via one of the following three methods: a. By mail: See Block 21. b. By facsimile' (fax) at: {include a cover sheet with point of contact of pages) c. e-mail at: Invoices submitted by other than these three methods will be returned. Contractor Taxpayer Identification Number must be registered in the Central Contractor Registration prior to' award and shall be notated on every invoice submitted to on or after 01 March 2008 to ensure prompt payment provisions are met. The ICE program office identified in the delivery order/contract shall also be notated on every invoice. Please send an additional copy of the invoice to 2. In accordance with Section I, Contract Clauses, FAR 52.212--4 Contract Terms and Conditions, Commercial Items, or FAR 52.232--25 Prompt Payment, as applicable, the information required with each invoice submission is as follows: An invoice must include: ti} Name and address of the Contractor; Continued .-. TOTAL CARRIED FORWARD To 1ST PAGE (ITEM mm; FORLOCAL REPODLICTIDM PREVIOUS OPTIONALFORH 000027 I . . .. . - ORDER i, 3 ISUPPLIES on - PAGE SCHEDULE -- comwunnon 7 Man': as packages and papets with mdfor ordet numbers. . DATE OF ORDER CONTRACT NO. ORDER NO. M8771-04--D-D003 ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY . ACCEPTED (tv) (9) (ii) Invoice date and number; Contract number, contract line item number and, if applicable, the order number: - (iv) Description, quantity, unit of tmeasure, unit price and extended price of the items delivered; Shipping number and date of Shipment, including the bill of Iading number and weight of shipment if Shipped on Government bill of ladjng: {vi} Terms of any discount for prompt payment offered;. (vii) Name and address of official to whom payment is to be sent; Name, title, and phone number of erson to notify in event of defective invoice; and {ix} Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. {See paragraph 1 above-) Electronic funds transfer (EFT) banking information. The Contractor shall include EFT banking information on the_invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause 52.232--33, Payment by Electronic Funds Transfer; Central Contractor Registration, or 52.232--34, Payment by Electronic Funds Transfer; Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. Invoices without the above information may returned for resubmission. Continued TOTAL CARRIED FORWARD T01ST mes 1799; $0.00 Au1'HomzE'o FOR LOCAL nepo-Ducnon OPTIONAL FORM 34; (Ru. pmswoua EDITION NOTIJSARE 000028 'annex-E93 supmss an 35291695 scfisnum . cezs;Tmu3TI?;m. 8 afdkt ocder manhnra. um-E-as canes. mmnact H-D. - cmoanuu rrzzumo. oummw umr 0863:1150 PRICE '$359150 __an {fl an Gfi '?fl 3. All other t?rms and conditions remain the Receiving Each Prugzam office gs responsible for acceptance and recaipt of guoda andfor services. Span receipt-of goodsfservictas, compla-ta the applicable FEMS reports at DFC will not process the payment. The_Contractc: is requested to _acceptance- of thia dealivery order .b_y signing in the space b;nw and returning a copy of this page with signature to the Contract Specialist via email. The "ontrac'tc3r should not accept any instruction that results in a change to the supp} iesfservice-3 ordered herein from any For questions regarding thig order: - Contract specialist: Receiving Ofifi :3 - Vendox F66: The total amount of award: Tha obligation for this award is shown in box 17(1) . 'rum. cwuzszo reg-wmn re isr PMEE crrtara, NLgt.?kLaHauhmn $43 mum Famous UEELE 000029 1 1- - A SUMMARY REVIEW SHEET Contracting Officer: Contract Specialist: Order No.: I-ISCETE-09--F-00059 Award Amount: $1,171,167.00 Requisition No.: Contractor: Harris IT Services Corporation GSA NETCENTS Period of Performance: Date of award -- 30 days Contract Type: Finn Fixed Price Background: Technical Operations has a requirement to upgrade field deployed The selected vendor shall provide equipment to upgrade the upgradeslenhancements must be compatible with the .existing field deployed equipment. The-- program has Harris ui ment de lo ed in ICE Solicitation 94 was issued through Air Force Network Centric Solutions (NETCENTS) contract vehicle. The Air Force created NETCENTS from local area networks to an Air Force IT Enterprise Network--Centric solutions vehicle for achieving standardization and interoperability required in a net-centric war fighting environment. All military services, and federal agencies can utilize this contract vehicle. Orders are placed in accordance with the NETCENTS Ordering Guide to all eight contractors (see Tab 8). In general, delivery orders may be competed via full competition amongst all eight contractor teams. NBTCENTS is a highly flexible contract vehicle that covers the entire range of networking and telephony products and_services- requirements. NETCENTS was awarded to eight contractors. The eight contractors were: I) Booz Allen Hamilton, 2) CENTECI-I Group, 3) Geiieral Dynamics, 4) Lockheed Martin, 5) NCI, 6) Northrop Grumman, 7) Telos, and 8) Multimax Incorporated. On June 13, 2008, Multimax Incorporated changed its corporate name to . Harris IT Services Corporation (see Tab 21). ICE Office of Acquisition is ordering all the items requested off the (E-514. Price Analysis: In the past, ICE procured some of these items from Harris Corporation. These items were procured-under the following two ord_ers: HSCENV--08-P-00254 and The chart below is historical information. I compared the price for one item under various orders for the same item under the new order The new prices are the same under the previous order - 000030 E88 mmNm<_on_mE~ cm I mmaommom omummommom $8 L. mofim . mofim 05.2 mam w?ozuu $8 mom Eawzfim Ham Eamfifi .259:5 25%: bam?m I. 8.8 .L. Em?m L.L . om 9325 38 -552 mmwonm . oofim .390," >3 mmamo zfiu CL Eu 9.20:5 mflfifl .5Eo 8 mofifiwo .55. Sam 30% mcfimmfioo tune a mm 32am .m2fimu maofi 5 Eu: 803. mace: M5 mo ween banana moefiwo norm .320 fiozvoum usouflonwoo Sm Sm zme Ham Eamfiso -35 2 x.mozmumm flcaz. F5 ummnmo 44999 in. mmnmo mEm.E $88 mmNm<_oumSN .9: 3' u8S..oEu Enoumuu mat. Om nommzm 2: goo Z30. no Enoomfi ufi woE>oE ?083 2: wmE>oE mwcum 2.26 2: man 338 mafia "$355 95 5223 Eco: 2: ,3 comtmafiou . 28 I mo?EmB.z< 8a 963 mqoamummgom moi zoona? :8 . 823$ mz?ozc.m 28 >9 I MoeEom mmdombzou saw mm??Eom $230 Emamwm wfifizfim .I..I 1.. Part of the NETCENTS source selection included an evaluation of each Offcror's guaranteed minimum discounts from the Manut'acturer's List Price. In each case, the Air Force examined the NETCENTS individual purchase prices listed on the Contractor's catalogs. The Air Force determined the prices did not exceed the Federal Supply Schedule (F SS) prices for the same OEM product and/or component. Furthermore, the NET CENTS catalogs are far more cornprehensive for network-centric products. Additionally prices for these items were negotiated even lower for quantity buys or those components installed as a part of a network-centric solution. Price Reascnableness: - The prices of the supplies available from this contract were determined fair and prior to by the servicing agency's Contracting Officer. The servicing agency negotiated discounts prior to awarding this contract, and these discounts are available to ICE. Based on 15.404-l (b (2) the Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. Such techniques include, but not limited to the following: Comparison of proposed prices received in response to the solicitation. In accordance with FAR 15.403- 1), even though received only one NETCENTS quote there was a expectation that there would be competition from the other eight vendors. Although only one quote was received, fair opportunity was established through the NETCENTS portal with aniemail notification to all 8'-prime vendors. The quote was compared against historical orders, a atalog, as well as the Independent Government Cost Estimate (IGCE). The IGCE was for The quote was ess than the IGCE. Harris provided the Government a discount on C-LIN 0004 for the Rugged PC. This discount amounted in a" savings of _for the Government. Based on the above price analysis, Harris IT Services Corporation isthe only provider for this acquisition and meets the Government's requirements. Therefore, H_arris.IT Services Corporation of'fered- price is deemed to be fair and reasonable. @t'1ta~04 000033 . REQUEST FOR QUOTATION PAGE 01-' PAGES NOTAN ORDER) 1'H|s RFQ IS 15 Mon suwiausumgss ser ASIDE 1 4 T. REQUEST NO. 2. DATE ISSUED 3. REQUISWPONIPURCHASE REQUEST ND. -4. CERT. FOR uunen sosa .2 HSCETE--09--Q-00594 08/28/2009 . 1 534350503? ICE/Information Tech/SW HW . Immigration and Customs Enforcement 30 Days After Award Office of Acquisition Management 7* DEWERY OTHER 801 I Street NW, Suite 930 FOB uesmumou rsee Washington DC 20536 8. NAME OF FOR INWMATIONCALL: Immigration and Customs Enforcement NAME TELEPHONE NUMBER 572221 ADDRESS Office of Investigations HQ Div. 6 3_ To: At tn: s.w=u.se ncompm-rr 10720 Richmond Highway Suite C. STREET ADDRESS 0. CITY Lorton u. cm' 0. arms r. aces a. smre e. zap cons VA 22079 10. PLEASE FURNISH UUOTAHONS TCI THE ISSUING OFFICE 1N BLOCK 58. ON OR BEFORE CLOSE OF BUSINESS (Date) 09/04/2009 1700 ES 11 scusouuz (much appacaa-;a Pearamr. Stare arrdiocafltaxes) ITEM NO. CIUANTITY UNIT UNIT PRICE AMOUNT (33 (C) (U) (61 {0 THIS IS A NETCENTS RFQ. CONDITIONS APPLY. are PLEASE SUBMIT VIA EMAIL TO NAME OR. EQUAL . ALL NETCENTS TERMS AND ANYIQUESTIONS REGARDING THIS PER FAR 52.21l-6, THIS PROCUREMENT IS FOR BRAND IF YOU UTILIZE1 EQUAL PRODUCTS, PLEASE PROVIDE A DESCRIPTION DOCUMENTING THE PRODUCT QUALI FI CAT IONS . 0001 BAND IV -- AWS CONVERTER 20 EA ontinued s. 10 (MLENDAR EMYS b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS (56) d. CALENDAR DAYS 12. DISCOUNT FOR PROMPT PAYMENT uumaea NOTE: Mclnionai pmvisbns and_mpre'sanLauons are 13. NAME AND ADDRESS OF DUDTER ILNAME OF QUUTER am new Illached 14. SIGNATURE OF PERSON AUTHORIZED TD 15. DATE OF QUOTATION SIGNOUOTATICN ta. STREEF ADDRESS C. COUNTY 15. SIGNER a_ NAME (Typg AREA CODE (1. CITY e. STATE I ZIP CODE c. TITLE [Type NUMBER AUTHORIZED FOR LOCAL REPRODUCTION Previous ediljon not usabie STANDARD Form 13 (REV. 5435) Prescribed by GSA - FAR {as cm) 2012 000034 PAGE OF NAME OF OFFEROR OR CONTRACTOR Immno supeusameawces (B) OUANHTY uun (C) (D) (E) AMOUNT (F) 0002 0003 0004 0005 0006 0007 0008 0009 0010 0011 (c0NV--2lo0/1700) Delivery: 30 Days After Award Delivery: 30 Days After Award HARPOON 2100MHZ 2100) Delivery: 30 Days After Award MINI-PC {2o15651e1o1) Delivery: 30 Days After Award STINGRAY II -- UPGRADE II - Delivery: 30 Days After Award HARPOON IDEN SOOMHZ IDEN 800] HARPOON DUAL--BAND (PA-KIT-30W Delivery: 30 Days After Award IDEN SDUMHZ (PA--KIT--30W IDEN 800} Delivery: 30 Days After Award STINGRAY SDR RADIO SLICE (3092S27--20l) Delivery: 30 Days After Award PORPOISE 3G SILENT SMS Delivery: 30 Days After Award STINGRAY II SYSTEM SRAY--II) Continued .. AMBERJACK-X OR TO UPGRADE 10 ER 11 EA NSN 2012 000035 CONTINUATION SHEET PAGE OF NAME OF OFFEROR OR CONTRACTOR HEMNO (A) SUPPLIESJSERVICES (B) QUANTUY UNH unwpams AMOUNT (F) 0012 0013 _0o14 0015 0016 0017 0018 0019 SAC Delivery: 30 Days After Award CDMA CONTROLLER SOFTWARE (PIN: SRAY--II-CDMA--SW) (FOR SAC NEWARK) Delivery: 30 Days After Award GSM CONTROLLER SOFTWARE SAC Delivery: 30 Days After Award CONTROLLER SOFTWARE sac NEWARK) Delivery: 30 Days After Award DELL LATLTUDE D630 LAPTOP PC CONTROLLER LAPTOP PC 20U9523*lOl] SAC NEWARK) Delivery: 30 Days After Award HARPOON HIGH POWER FILTERED 30w PA KIT -- SINGLE BAND IDEN 800 PA--KIT--30W IDEN 800) SAC Delivery: 30 Days After Award HARPOON HIGH POWER FILTERED 30w PA KIT DOAL--BAND 850/1900 PA--KIT--30W 0UAL--BAND CONUSJ SAC Delivery: 30 Days After Award. HARPOON HIGH POWER FILTERED 30W PA KIT -- SINGLE BAND 2100 2100} SAC Delivery: 30 Days After Award AMBERJACK--W AJ--W) Continued NSN OPTIONAL FORM 338 (4-56) 2012FCMA5235000G36 4 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 4 I 4 NAME OF OFFERDR on CONTRACTOR ITEM No. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) SAC NEWARK) Delivery: 30 Days After Award THE CONTRACTING OFFICER FOR THIS RFQ IS KELVIN CONTACT INFORMATION FOR KELVIN IS THE FOLLOWING: KELVIN . . GOV: 202 -7 32-25 68 CHRISTIE HARRIS IS THE CONTRACT SPECIALIST. PHONE NUMBER IS 202-732-2396. PLEASE FURNISH QUOTATION TO NO LATER LTHAN SEPTEMBER 4, 2009 1700 ES. . HER NSN mu m-152.3057' . .. 1 OPTIONAL FORM $6 2012FOIA5235 -- Oflice afAcqm's:'rt'on Management . and Customs US. Department of Homeland Security f- 801 I Street, NW En Washington, DC 20536 DOCUMENTATION OF SELECTION Date: Se tember 07, 2010 Order HSCETE-10-P-00031 Contract Specialist: Solicitation (Sole Source) Requisition A Fed Bid Buy Customer POC: Award Date: September 8, 2010 Customer POC (787)72 }c Award Amount: $7,000.00 Delivery Date! Period of Performance: Delive 10/08/2010 Buy mu-paon= Purchase aim -- Contractor In rmk, Inc. Vendor I . Contract Qurchase order) Vendor POC DUNS 796890593 Vendor E-mail: :The ICE office of lnvesti ations re uire. No other vendor can provide these particular distinct features and form factor. BrimTek is the only vendor providing a device parameters. In addition, the office would like to retain the compatibility of technical operations field equipment and inventory. The equipment from BrimTel< is interoperable with other surveillance equipment previously acquired by ICE. Price Reasonableness Determination: Pursuant to FAR 15.401-1 (2), the Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. Such techniques include, but not limited to the following: (ii) comparison of previously proposed prices and previous government and commercial contract prices with current proposed prices for the same or similar items. . .. Immigration and Customs Enforcement has continuously purchase these same devices from BrimTe Inc. In Au ust of 2010, the American Embassy Amman of purchased under order SJ0l00l0Ml 122 for each. For this purchase, BrirnTek has granted a quantity purchase discount reducing the price to ach. Based on the forgoing infomiation, a determination is hereby made that the discounted price offered by BrimTek in the amount of for best interest of the US. Govemment. systems is considered fair and reasonable and are in the ?2 (I132/fl Date Dc-( 'fig '.3132: Inc: Date Da Documentation of Selection Page 1 of 1 Order HSCETI-3-10-P-0003 1 000038 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by 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 6.302-1 is justified by the facts and rationale required under FAR 6303-2 as follows. 1) Agency and contracting activity Department of Homeland Security Immigration Customs Enforcement Ofiice of Acquisition Management 801 1, Street NW, Floor Washington, DC 20536 2) Nature and or description ofthe action being approved The Department of Homeland Security, Immigration customs Enforcement (ICE), Office of Investigations, proposes to enter into a contract on a basis other than full and open competition to procure new quipment. 3) Description of supplies or services Purchase request 1921 was submi ement 'n amount of $9,000.00 to ac uire kit is a specialized proposed vendor, BrimTek, is the sole manufacturer of the Fevices. This rocurement will rovide additional uni ue vendor proprietary -- that is interoperable with equipment previously acquired by ICE Investigative Services ofiices. Purchasing these items from BRIMTEK will provide an additional covert law enforcement device and that systems will remain compatible with existing fielded equipment in the ICE inventory. This equipment is an enhancement to ICE Technical 0 erations mission su ort and no other vendor can provide these particular the distinct features and form factor. 4) Identification of the statutory authority permitting other than full and open competition The statutory authority permitting other than full and open competition is 10 USC 2304 (1) or 41 USC 253 (1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6302-] entitled "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements". Page I of 3 000039 5) Demonstration that the nature of the acquisition require use of the authority cited We continually work with all covert law enforcement vendors providing new unique devices and have found no other vendor to provide these items. 6) Description of efforts made to insure that ofiers are solicited from as many potential sources as practicable Having made numerous inquires at technical tradeshows within the surveillance community; BrimTek appears to be the only vendor providing a device with required for Office of Investigations mission requirements. 7) Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable The anticipated price offered by the contractor will be fair and reasonable based on past purchases of this equipment from BrimTek, Inc. 8) A description of the market research We have researched and tested many viable alternatives in our labs from many vendors and ere are no other re-sellers of this kit; they are only available from BrimTek which is a Service Disabled Veteran Owned Small Business. 9) Any other facts supporting the use of other than fidl and open competition There is a need to acquire these devices to provide Office of Investigations personnel the capability of gathering evidence for criminal prosecution. 10)/1 listing of the sources, if any, that expressed in writing, an interest in the acquisition There have been no expressions of interest, written or otherwise, for this acquisition. Page 2 of 3 2012 000040 11) A statement ofthe actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or serves required. ICE meets regularly with sister Federal agencies to review new technology. ICE will continue to seek viable alternatives to this proprietary device. Public announcement of this solicitation will jeopardize officer safety and the technology of the devices. 12) Certifications Technical I Requirements personnel Certification I certi that the data supporting the recommendation of sole source justification for hone kits by other than and open competition is complete and accurate _\_the tof my knowledge. I certify that this requirement meets the Government's um needs. .17 /0 Date' Contracting 0l'ficer's Certification I hereby determine that the anticipated cost o- for_phone kits is fair and reasonable based on adequate price analysis supported by the IGCE and historical data. I certify that this requirement meets the Government's minimum need and that the supporting data, which forms a basis for this justificatio is complete and accurate. Based on the foregoing, I approve the purchase of flphone kits by other than full and open competition pursuant to the authority of FAR 6.302-1 Application for Brand Name Descriptions, as there is only one responsible source and no other supply or service will satisfy the agency's requirement. ir'3l Date Page 3 of3 000041 Furthermore, the NETCENTS catalogs are far more comprehensive for network-centric products. Additionally prices for these items were negotiated even lower for quantity buys or those components installed as a part of a neiwork--centric solution. Price Reasonableness: The prices of the supplies available from this contract were determined fair and reasonable>> prior to award-- by the servicing 'agency's Contracting Officer. The servicing agency negotiated discounts prior to awarding this contract, and these discounts are available to ICE. A quote was requested from Harris Corporation for the requirement totally $189,652.00. Line items 0001 through 0005 off theirquote are from their GSA contract The quote received from off the Harris NETCENTS contract vehicle totaled $188,452.00. The ma'ori prices were proposed. The proposed training cost is for In comparing that cost to other training costs ofi GSA Schedule. The cost per day seems within the average price range. The remaining CLINS not off their GSA Schedule were compared to their pricing catalog. The same' of of Total Cost Cost per Per person cost for People Days I erson/da 5 Da for 4 1 Harris IT Services 4 Corporation FAAC '1 Incorporated (GS- 02F--I429H) ICX 12 1 Technologies, Inc l7U In comparing this per person cost for trairu'ng_ over 5 days, Harris IT Services Corporation is less than FAAC Incorporated. -It is higher than ICX. Based on the comparison above, the training requirement is within ranges found on GSA Schedule for similar types of training. . - . The following items for this requirement can be procured off the contract: Item Number Description QTY Unit Price Stiflay II Stingray Il Upgrade 1 209523-101 Laptop PC I PA-KIT-30W - "Harpoon 300 1 IDEN 800 MHZ PA--KIT-30W Harpoon Dual--Barid DUAL--BAND 850/1900 PA-KIT-30W Harpoon 2100 1 2100 Training -- AIR--3--5 (Stingray II West Coast SRII AiI'b0fi1? Training) Airborne 3 - Protocol 5 Airborne Flight Kit 1 SIDEWINDER Handheld Passive DF 2 T001 (CDMA, GSM, 2100) Portable Power Kit 1 Power Pack Kit Charger fig TOTAL $188,452.00 Training class will take place in Phoenix, AZ for 4 students maximum, 8 hours each day over 5 days. The training will cover all of Harris Stringray II operations from an airborne platform. Specifically, four students are to attend this special training on three different software acka es GSM, and CDM mobile handsets) for them - 1Ms class is considered an advanced training class. ass will consist of 8-12 hours of training per session. The schedule is more unpredictable due to a large portion of the training taking place in an aircraft. The aircraft will require additional setup, testing and safety precautions from Harris_ Corporation. This will require the Harris trainers to be on site a couple days before the actual beginning of the training class. The teacher to student ratio for the airborne class is 1 to 2 which adds to the additional cost of the training. The Airborne.Flight Kit consists of specialized antennas,' antennamounts, cables and power connections. These items are all specially designed to work in conjunction with the Harris Stingray II system. The is device law enforcement utilize. This device i he tool is used while conductin ar aw orcement utilizes this tool to 000010