04.06_LSJ redacted for posting.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

J&A-20-0226

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41

U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement

(ICE), Office of Acquisition Management (OAQ), on behalf of the Enforcement and

Removal Operations (ERO) Special Response Team (SRT) Program proposes to award an order pursuant to FAR 8.405-6(a), Limiting Sources.

2. Nature and/or description of the action being approved.

(a) Type of action: Firm-Fixed-Price (FFP) Delivery Order

(b) Amount the current Limited Source Justification is approving:

(c) Brief Description: OAQ intends to procure, on a sole source basis, Lenco

BearCat armored vehicles from the following company:

Lenco Industries, Inc.

Dba Lenco Armored Vehicles

10 Betnr Industrial Drive

Pittsfield, MA 01201

3. Description of Supplies/Services.

The ERO Special Response Team (SRT) program has a requirement for Lenco

BearCat Armored Tactical vehicles. The immediate requirement is for vehicles, with an option for more over the next five years in order to outfit all current SRT teams. This product is sold on GSA from only one vendor, GSA contract #GS-07F-169DA.

The Lenco BearCat (Product #BC55003) is a wheeled armored personnel carrier designed for law enforcement use. These vehicles (or ones that meet or exceed these vehicles capabilities in the future) will be used by SRT teams throughout ERO’s Domestic footprint.

The delivery order and options are estimated as follows:

Period Quantity Price Total

Base

Option Year 1

Option Year 2

Option Year 3 .

Option Year 4 http://uscode.house.gov/

The estimated dollar value of this requirement over the life of five years is , including an estimated shipping and handling, FOB destination.

4. Authority and supporting rationale and a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Authority:

Select only one of the following circumstances justifying limiting sources pursuant to FAR

8.405-6(a)(1)(i) below and demonstrate the proposed contractor’s unique qualifications to provide the required supply or service.

☐ 8.405-6(a)(1)(i)(A) An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.

☒ 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

☐ 8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

Rationale:

The Lenco BearCat is the only armored vehicle with the following characteristics meeting

ERO SRT requirements:

• The Government requires a condensed wheelbase. This feature provides a numerically reduced dynamic inside turning radius. ERO SRT operators require this tighter turn radius to successfully maneuver in confined settings encountered in both urban and rural environments, diverse terrain, and challenging locations. The tighter turn radius also allows ERO SRT operators to perform a ‘U-turn’ versus a ‘3-point’ turn which proves to be very beneficial in pursuit of violent criminals. The Lenco

BearCat has a condensed wheelbase between 126” – 131”, which gives it an inside turning radius of 21 feet. All other vehicles on the market have higher turning radiuses, between 27 and 32 feet.

• The Government requires that the vehicle accommodate officers. The

Lenco BearCat is the only vehicle that fulfills this requirement without additional costs or modifications. All other vehicles on the market seat 10 or less.

• The Government requires a vehicle with a counter balanced roof hatch that will allow officers to open and close the roof hatch with one hand safely without the uncontrollable weight of a heavy roof hatch slamming down on their head. When in pursuit, time is of the essence and to be able to safely and swiftly open and close the roof hatch in danger zones proves essential. The Lenco BearCat is the only vehicle with this characteristic. All other vehicles use gas rods that give the operator less control of the weight of the hatch when opening or closing.

• The Government requires a high sliding scope. With a low center of gravity, the vehicle is able to maneuver terrain, obstacles, incline, decline and side angles safely without tipping over. For the SRT operator, the environments, weather, and terrain deployed to are often unfamiliar. The ability to rapidly exit and maneuver are an operational necessity for officer safety and successful operations. The Lenco BearCat provides a side slope performance of 38 degrees with an approach angle of 41 degrees and a departure angle of 25 degrees and is capable of over 60 percent gradient. All other competitor information that was found to have a lower scope.

• ERO’s minimum requirement for armor plating is Level E/50 caliber multi hit rated by the Department of State (DOS). The Omnibus Diplomatic Security and

Antiterrorism Act of 1986 authorized the Department of State to be responsible for coordinating the armored vehicle program and developing standards. The armor plating requirement is vital for officer safety due to the diverse threats encountered during High Risk SRT operations. The Lenco BearCat has vertical panels with ½” milspec 46100 that are Level E/50 caliber multi hit rated. The LENCO BearCat is the only DOS approved tactical vehicle with regards to the armor level.

Several companies offer various types of armored vehicles under Federal Supply Schedules.

Products from the following companies were analyzed: Streit USA Armoring; The Armored

Group; Alpine Armoring. None of the armored vehicles currently available in the marketplace meet the Government’s minimum requirements as outlined above.

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The Contracting Officer has determined that issuing the Delivery Order to Lenco Industries, Inc. represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. This order will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.” The General Services

Administration (GSA) has already negotiated fair and reasonable pricing rates. Discounts to these GSA rates will be requested.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Market research was conducted by ERO SRT. The government evaluated the only four potential options that could meet the program office requirements/specifications. The evaluation included Armored Group (B.A.T.T. Vehicle), Alpine Armoring (Pit-Bull

Vehicle), Streit USA Armoring (Cyclone Vehicle), and LENCO Industries (BearCat

Vehicle). It was determined that the BearCat vehicle was compliant with Government’s minimum requirements.

Through the market research phase it was determined that the LENCO BearCat is the only vehicle that can meet the Government’s minimum requirement for required seating, a shorter wheelbase (enhanced turning radius), slope performance, and Department of State Level E approved armor.

7. Any other facts supporting the limited-sources justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

DHS and components utilized the same vehicles. ERO SRT currently train on the BearCats owned by HSI SRT and ICE Office of Firearms and Tactical Programs. Introducing a new vehicle type other than the BearCat may duplicate costs of training and operating costs to

ERO that doesn’t make sound business sense. Instructor and ERO SRT personnel are trained specifically for the BearCat vehicle at this time.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition for the supplies or services is made.

The ICE/ERO Special Response Team program will conduct new market surveys to identify comparable vehicles available in the commercial marketplace that would meet or exceed ERO requirements. For now, the government is limited to the LENCO Industries BearCat model due to what is currently available in the marketplace that meets ERO requirements. As these vehicles reach their lifespan, the Government will conduct market research to see what can be delivered to meet future requirements.

9. DHS intends to post this requirement on Fedbizopps pursuant to FAR 8.405-6(a)(2).

10. Technical/Requirements Personnel Certification.

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources

Justification, are accurate and complete.

Technical Representative/COR Date

11. Contracting Officer Certification and/or Approval *

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Date

*Note: In accordance with FAR 8.405-6(d)(1) for BPAs with an estimated value exceeding the simplified acquisition threshold, but not exceeding $700,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval.

12. Approval.

Over $700,000 but not exceeding $13.5 million Date

Competition Advocate

_N/A____________________________________ ____________

Over $13.5 million but not exceeding $68 million Date

Head of Contracting Activity

_N/A____________________________________ ____________

Over $68 million Date

Chief Procurement Officer

Note:

Each Limited-Sources Justification must be reviewed and approved by lower level approval(s).

For example, actions over $68 million requiring OCPO approval must be reviewed, approved, and signed by the Contracting Officer, Component Competition Advocate and HCA.