1.5.1_Gun Range SSJ_COR_CO.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-22-00149

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), and the Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of Enforcement and Removal Operations (ERO) on a basis of other than full and open competition.

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

(a) Type of action: Firm Fixed Price Purchase Order

(b) Amount the current J&A is justifying: $1,400,000.00, if all options are exercised.

(c) Brief Description: OAQ intends to procure, on a sole source basis, 24/7 access to a secure law enforcement fire arms range and training facility using simplified acquisition procedures. This action is being taken pursuant to the authority of FAR 13.501. The following vendor is the only source able to meet the Government’s requirement:

Thunder Gun Range 17234 FM 1314 Rd Conroe, TX 77302

3. Description of Supplies/Services.

ICE requires a facility for on-site ICE firearms training. The requirement is for a secure, designated facility (or portion thereof) for firearms certification and training with any pistol or rifle caliber ammunition. The designated space shall be available 24 hours a day, 365 days a year, and for the exclusive/dedicated use of ICE, with unfettered access, and no interruptions to the ICE operations.

ICE requires complete control over any cease fire, the service provider may not exert any cease fire determinations over ICE operations.

Period Time Total Base 12 mos. $280,000 Option Year 1 12 mos. $280,000 Option Year 2 12 mos. $280,000 Option Year 3 12 mos. $280,000 Option Year 4 12 mos. $280,000

$1,400,000

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

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.

The Houston Field Office (HFO) must facilitate at least 256 ICE personnel per quarter which equates to conducting approximately 800 man-days a year of policy mandated firearms, defensive tactics, and corresponding policy review training. Due to this significant training need and footprint, the HFO requires that their training facility and firing range be uniquely positioned within a 35-mile radius of U.S. DHS ICE ERO HFO located at 126 Northpoint Drive, Houston, Texas 77060 and within 15 miles of a Level One Trauma Center.

The requirement is for a secure private facility where ICE can conduct firearms and tactical training, practice, and qualification shooting and on-site training to a federal law enforcement agency. The training facility shall include classrooms, storage, mat-room, office space, break-area, and locker-room exclusively for the federal law enforcement agency. The firing range and building will be only for the exclusive use of ICE. Due to nature of the training and the training equipment needed to provide all the mandated training required for each law enforcement officer, a building with all the necessary storage, restrooms and space is required. Thunder Gun Range is the only provider capable of fulfilling this requirement.

The market research indicates that there are facilities that can meet some of ERO’s requirements.

However, Thunder Gun Range is the only facility that can meet all of the requirements to fulfill ERO’s needs. This is due to the range being within the 35-mile radius to the HFO, within the 15-mile radius of a Level I Trauma Center. Thunder Gun Range meets the range length and shooting points standards required but the range is contained in a gated off compound on the facility grounds that allows private, exclusive, and ICE controlled, 24/7 access. Lastly, also within the confines of the compound, Thunder Gunder Range will provide a fully outfitted 6000+ sqft training facility complete with parking, offices, multimedia enabled classrooms, restrooms, a fitness room, a breakroom, an armory, and storage space.

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

OAQ posted a notice of intent to sole source on SAM.gov on 19 May 22, which included a request for any capable and interested parties to identify themselves. One response received, but that contractor was unable to meet the requirements.

OAQ also intends to make this justification publically available pursuant to FAR 6.305 on SAM.gov no later than 14 days after the award of this contract.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer (CO) determines that the anticipated price(s) will be fair and reasonable based on comparison of proposed rates for this effort to the rates on the current contract as well as to rates for similar services in Texas.

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

8. Description of market research.

Market research was conducted from January 2022 through March 2022. During the market research period, the CO reviewed the previous acquisition of these services to ascertain if there was competition.

It was discovered that when this requirement was awarded in 2017 (Purchase Order # HSCEDM-17- P-00080) there were no other facilities that could meet ERO’s needs.

The COR contacted a myriad of commercially owned facilities, within the required 35-mile radius of the HFO and 15-mile radius of a Level I Trauma Center, by phone inquire about the availability of the facility or in person to view the suitability of the facility.

The results of each contact/site visit are as follows:

Commercial Ranges

Hotwell’s Range 24815 NW Freeway, Cypress, TX 77433

- Government would not be able to place our buildings on site nor could we have unfettered access 7 days a week.

Carter’s Country 6231 Treaschwig Road, Spring, TX 77373

- Contractor indicated they did not have range space available to meet ICE/ERO requirements.

Thunder Gun Range 17234 FM 1314 Rd Conroe, TX 77302

- Contractor is capable and interested in fulfilling all of the ICE/ERO requirements.

Spring Gun Range 4401 Spring Cypress Rd, Spring, TX 77388

- This facility is an indoor range and does not meet the ICE/ERO requirements.

Gander Mountain 19302 Interstate 45, Spring, TX 77373

- Their range only goes as far back as the 15 yard line, which does not meet ICE/ERO requirements.

America Shooting Centers 16500 Westheimer Parkway, Houston, TX 77082

- The contractor indicated they could not provide unfettered 24/7 access. This facility would not be able to meet ICE/ERO requirements.

Houston Community College 555 Community College Dr Houston, TX 77013

- The current range has varying availability from week to week which does not meet the ICE/ERO requirements of 24/7 unfettered access.

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

Saddle River Gun Range 4280 FM 1488, Conroe, Texas 77384

- We would not be able to place our conex buildings on-site or have 24/7 unfettered access. This contractor would not be able to accommodate the ICE/ERO requirements.

9. Any other facts supporting the justification.

None

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

A notice of intent and request for interested parties was placed on SAM.gov on 19 May 22 for 14 calendar days. There was one response received from the provider listed below, but that provider is outside of the 35-mile required radius.

Stronghold SOF Solutions

150 Warfighter Way Defuniak Springs, Florida

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.

The HFO has made the requirement available to all ranges identified in the market research document. HFO will continue to monitor their region for viable options for a firing range in order to increase the likelihood of future competition for this requirement.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name FAR 13.501(a)(1)(iv) and 5.102(a)(6).

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

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.

Jeanine L. Slaughter Date Technical Representative/COR

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.

Marland J. Clark Date Contracting Officer

15. Approval.

Date

Elease Sanders ICE Competition Advocate DHS | ICE | Office of Acquisition Management (OAQ)

Jeanine L. Slaughterr

06/22/2022

MARLAND J CLARK

Digitally signed by MARLAND J

CLARK

Date: 2022.06.22 10:39:14 -04'00'