1.5.1-FAR 13.5_SSJ_Certain Commercial Items Including Brand Name FINAL v2.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-24-0360

In accordance with the procedures of FAR Subpart 13.5, using the statutory authority of 41 USC 1901, and consistent with the content requirements of FAR 6.303-2, this justification is based on the following facts and rationale:

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Acquisition Management, proposes to enter into a contract on behalf of Homeland Security Investigations (HSI) TechOps and SAC San Juan.

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

(a) Type of action: Firm-Fixed Price

(b) Amount the current J&A is justifying: $1,357,893.00

(c) Brief Description: OAQ intends to procure on a sole source basis, night vision and thermal products using simplified acquisition procedures, limited to the manufacturers listed below.

Teledyne Technologies 1049 Camino Dos Rios Thousand Oaks, CA 91360

Pixels On Target 14050 NW 14th Street, Suite 170 Sunrise, FL 33323

Night Vision Devices 5583 Roosevelt Street Whitehall, PA 18052

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

TechOps has a requirement to obtain both single tube/ monocular and dual tube/ binocular night vision devices. These devices will enable HSI offices the ability to conduct operations during hours of darkness and in locations where ambient light is at a minimum.

HSI SAC San Juan has a requirement for Forward Looking InfraRed (FLIR) camera systems and medium/long range thermal binoculars. These items will assist on investigations of illicit activities and other criminal investigations to disrupt/dismantle criminal organizations.

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

The following table represents the requirements for both TechOps & HSI SAC San Juan.

OFFICE MFR PRODUCT PRODUCT CODE QTY

TechOps Night Vision Devices PVS-14, w P-45 White

Phosphor

NVD-PVS-14 WP 122

TechOps Night Vision Devices UL-BNVD-SGC, w/ P-45 White Phosphor

UL-BNVD-SGC WP 29

San Juan Pixels on Target Voodoo B Binocular 66-00390 2 San Juan Pixels on Target Voodoo Tripod 64-00550 2 San Juan Teledyne/FLIR Ranger HRC-U MS, US DU, SR-TV, NTSC, S

614006699/321NNN 2

San Juan Teledyne/FLIR JPC-3 with Vilga board NS401-JPC- 2V-1/TE 2 San Juan Teledyne/FLIR CABLE/SHORT PTH – JPC3 G012968 2 San Juan Teledyne/FLIR Cable Power DC 6S-4P

AWG14 30m G012430/300 2

San Juan Teledyne/FLIR Outdoor AC/DC Power Supply 600W

G011635 2

San Juan Teledyne/FLIR Cable power AC outdoor 3 m, UK type

G009098/U-03 2

San Juan Teledyne/FLIR USB Joystick, Charcoal (-25C to +70C)

G008724/02 2

San Juan Teledyne/FLIR JPC3-G Tactical Ethernet Cable (RJFTV6ZN), 15m

NS301-JPC-E15MT 2

San Juan Teledyne/FLIR FLIR Factory Stockholm SWE or Virtual O-level Operation, Integration and Maintenance Training

G009399 2

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 as implemented by FAR 13.501.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

For the requirements listed in the table above, each product plays an integral role in surveillance operations for HSI. The particular brand name products are essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. Further in that regard, each of these products was selected based upon historical use by the agency, security concerns, such as being listed on the Department of Defense Blue Program, and ITAR regulations limiting the pool of available products to those identified. Without these products, night operations would face higher risks from inadequate visibility or detection due to limited functional equipment. In the case of the FLIR Ranger HRC, the lack of long-range thermal detection could lead to missed opportunities to identify threats early, compromising mission success.

http://uscode.house.gov/

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

Voodoo B- This binocular features a 12-micron, 640x80 thermal sensor, which provides HSI the ability to detect and identify targets at long ranges, up to 2750 meters. It is also features an integrated laser range finder (LRF), GPS, and digital magnetic compass, providing HSI precise target location and real time coordinates. No other binocular researched has the location capabilities in a compact/portable platform. No other binocular platform can be modified to meet these specifications, which are essential to the agency’s need. Additionally, the binoculars meet MIL-STD-810G standards which ensures ruggedized use will not damage the platform. Based upon market research and the other limitations discussed above, no other products can meet these specifications, or be modified to meet these specifications.

Teledyne/FLIR- The HRC-U provides long range, high resolution thermal imaging. This device is equipped with a 640x512 high resolution sensor that provides paramount clarity over extended distances. Used in conjunction with the Voodoo B binoculars, the FLIR HRC-U provides enhanced detection and identification of targets at ranges far beyond the capability of the binoculars. The HRC-U is designed to operate in a multitude of environments from day and night, to fog and smoke, and complete darkness. The mid-wave infrared (MWIR) allows the device to penetrate these challenging conditions while providing clear imagery. Additionally, the device includes a precision targeting system by way of a laser rangefinder and digital magnetic compass. The precision targeting system, combined with the enhanced resolution imaging and long-range capabilities make the HRC-U uniquely suited for long range surveillance operations. Based upon market research and the other limitations discussed above, no other products can meet these specifications, or be modified to meet these specifications.

Night Vision Devices- both the monocular and binocular utilize generation 3 (Gen 3) white phosphor image intensifiers, providing enhanced contrast and clarity compared to green phosphor devices. Both are built to ruggedized military standards. Whereas most night vision devices have a 1–5-year warranty, the Night Vision Devices products include a 10-year warranty.

The BNVD-SGC incorporates a tactical monocular cutoff whereby power is cut to each channel when a monocular is rotated out of the user’s line of sight, thereby preventing stray light from revealing the user’s position during tactical operations.

Alternative night vision devices lack the lightweight design, tactical monocular cutoff, or submergibility of the UL BNVD-SGC, making them less suitable for field operations where agility and durability are essential. Should these brand name products not be obtained, the Government would not be able to acquire the necessary equipment to conduct nighttime surveillance operations at both medium and long distances. Based upon market research and the other limitations discussed above, no other products can meet these specifications, or be modified to meet these specifications.

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

☒ OAQ intends to make publicly available brand name justifications with the solicitation pursuant to FAR 13.501(a)(1)(iv) and 5.102(a)(6).

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 the resulting competition from the solicitation via sam.gov. Additionally, the contracting officer will validate pricing against open-source information.

8. Description of market research.

Market research was conducted by TechOps & HSI SAC San Juan from July 2024- August 2024. Open-source market research, such as internet searches were conducted, as well as researching potentially fulfilling the contract via DHS Strategic Sourcing Vehicles.

Additionally, the contracting officer conducted searches via GSA Advantage, which yielded results for only a portion of the products. The contracting officer contacted several small business resellers to determine if the requirement could be fulfilled via open market pricing.

As a result, this requirement will be publicized as a small business set-aside via sam.gov.

9. Any other facts supporting the justification.

Not applicable.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

There are multiple small business resellers in the marketplace that can provide the products required by the Government. The Government will issue a formal solicitation via sam.gov.

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.

HSI will continue to evaluate products on the marketplace to determine if other products can meet the operational requirements of the agency.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iv) and 5.102(a)(6).

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

13. Technical/Requirements 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/COR Date

14. 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

15. Approval.

Competition Advocate Date

JAMES B DUTY Digitally signed by JAMES B DUTY Date: 2024.09.19 13:18:27 -04'00'

Digitally signed by RYAN M

DOLAN

Date: 2024.09.19 12:21:40 -05'00'