Panasonic I-PRO Sensing Solutions Corporation of America ()

B-419260 Jan 12, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Panasonic i-PRO Sensing Solutions Corporation of America (Panasonic), of Rolling Meadows, Illinois, protests the award of contract No. 70B03C20C00000167, on a sole-source basis, to Axon Enterprise, Inc. (Axon), of Scottsdale, Arizona, by the Department of Homeland Security, U.S. Customs and Border Protection (CBP), for an incident-driven video recording system. Panasonic challenges the basis of the sole-source award and contends that it offered a solution that could meet the agency's needs. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  Panasonic I-PRO Sensing Solutions Corporation of America File:  B-419260 Date:  January 12, 2021 Francis E. Purcell Jr., Esq., Thompson Hine LLP, for the protester. Craig A. Holman, Esq., and Amanda J. Sherwood, Esq., Arnold & Porter Kaye Scholer LLP, for Axon Enterprise, Inc., the intervenor. Ross D. Boone, Esq., Department of Homeland Security, for the agency. Lois Hanshaw, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Sole-source award for an incident-driven video recording system is unobjectionable where the agency reasonably determined that the protester and its solution are not capable of meeting the agency’s needs. DECISION   Panasonic i-PRO Sensing Solutions Corporation of America (Panasonic), of Rolling Meadows, Illinois, protests the award of contract No. 70B03C20C00000167, on a sole-source basis, to Axon Enterprise, Inc. (Axon), of Scottsdale, Arizona, by the Department of Homeland Security, U.S. Customs and Border Protection (CBP), for an incident-driven video recording system.  Panasonic challenges the basis of the sole-source award and contends that it offered a solution that could meet the agency’s needs. We deny the protest. BACKGROUND CBP’s mission involves active patrolling, monitoring, and screening of those entering the United States.  Agency Report (AR), Tab 30, Justification and Approval (J&A) at 1. CBP states that it must conduct these activities and other interactions with the public in a transparent and accountable manner.  Id.  The agency further explains that this requirement ensures that non-surveillance, agent-activated recordings of interactions between CBP agents and the public are conducted in a straightforward and transparent manner.  Id. The agency states that it received a mandate from Congress to expand the use of body‑worn cameras (BWCs) and develop a comprehensive plan and implementation schedule for camera technology.Id. (citing Department of Homeland Security Appropriations Bill, 2017, H. Rept. 114-668 (2016)).  To implement Congress’s mandate that CBP deploy BWC technology prior to the end of fiscal year 2021, CBP intends to purchase 4,300 BWCs, 700 docking stations, and 4,000 video management system (VMS) software and cloud storage licenses (to be purchased annually) over the course of multiple base and option years through fiscal year 2025.  AR, Tab 30, J&A at 1.  On July 22, 2020, the agency finalized a J&A to support its decision to award a sole-source contract to Axon for the incident-driven video recording system.  Id.; Tab 31, J&A Signature Page at 1  The J&A concluded that a sole-source award to Axon was justified pursuant to 41 U.S.C. § 3304(a)(1) and Federal Acquisition Regulation (FAR) 6.302-1, which states that only one source can satisfy the agency’s needs.  AR, Tab 30, J&A at 2.  CBP estimates the value of this procurement to be approximately $15.7 million.  Id. at 1.  The J&A explained the agency’s basis for concluding that only Axon could meet the agency’s requirements.  AR, Tab 30, J&A at 2.  Specifically, the J&A stated that only Axon demonstrated the necessary security and data management authorizations that would support immediate deployment of the required technology. Id.  In this regard, the J&A identified Federal Risk and Authorization Management Program (FedRAMP) authorization as a requirement for all government cloud systems.[1]  Id.  The J&A explains that Axon is uniquely qualified to perform the requirement because it is the only BWC vendor listed in the FedRAMP marketplace that has achieved FedRAMP moderate risk impact level authorization and Federal Information Processing Standard (FIPS) 140-2 compliance.[2]  Id.  During the agency’s acquisition planning, Axon was able to provide documentation proving both its video management application and cloud storage solution are FedRAMP authorized.  Id. at 3.  The J&A notes the CBP would endeavor to monitor the marketplace and FedRAMP authorization status for other potential incident-driven video recording systems that could meet CBP’s needs.  Id.