2.2.1 Redacted JA.pdf

Sole Source Justification (SSJ) For Simplified Acquisitions (over the micro-purchase threshold and up to the Simplified

Acquisition Threshold (SAT)) pursuant to FAR 13.106, including Brand Name

SSJ No: FY24-0079 Page 1 of 3

03.21.2022 v.1.0

Brand Name Justification

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Secret Service (USSS), Procurement Division, proposes to enter into a contract on behalf of Uniformed Division.

2. Nature and/or description of the item/service being procured and anticipated cost.

The USSS intends to solicit a particular brand name product, or a feature of a product, peculiar to one manufacturer. This requirement is to purchase FN 303 Tactical Less Lethal Pressurized Air Launchers and components for use by the Uniformed Division Public Order Unit. The Public Order Unit has identified a critical need for additional FN 303 Less Lethal Launchers and corresponding components, required to urgently refresh existing/legacy USSS systems that have exceeded their operational lifecycle, and expand inventory for preparedness in the vent of civil unrest at/near USSS-protected venues.

Manufacturer: FN America, LLC.

Part No. Description Quantity 3228929440 FN 303 Launcher System: Orange 8 48-10001 FN 303 Drop Down SCAR Stock 8 1XPS2-FN Protac rail mount HL-X flashlight 8 48043 FN 303 Air Bottle 25 48-10008 FN 303 Compact Air Bottle 25 48188 FN 303 Magazine 60 48153 FN 303 Fill Station Adaptor 2 48071 FN 303 Speed Loader 24 48224 FN 303 O-Ring Overhaul Kit 8 48726 FN 303 10 Pack O-Rings 8 48-100001 Maintenance Kit, 5K Rds 8 48-100040 Maintenance Kit, 5Yr 8 48270 FN 303 Cleaning Rod 8 48173 FN 303 Oil Bottle 8

There are multiple small business authorized resellers/distributors for FN America, LLC via the open market.

3. Identification of the authority and rationale.

The proposed procurement will utilize simplified acquisition procedures and will be awarded on a brand name basis in accordance with FAR 13.106-1(b)(1) and as specified below.

Only one source reasonably available:

☐ Urgent and compelling circumstances exists. The nature of the requirement has been deemed urgent due to unusual and compelling circumstances. Following competitive procedures would result in unacceptable delays resulting in serious injury to the Government.

SSJ No: FY24-0079 Page 2 of 3

☐ Exclusive licensing agreement or restrictive rights exists. The source has one or more of the following: an established exclusive licensing agreement, proprietary data, limited rights in data, patent rights, OEM required certifications or OEM authorized reseller, copyrights or secret processes with regard to the supplies or services required.

☒ Brand name. The source has one or more of the following: an established exclusive licensing agreement, proprietary data, limited rights in data, patent rights, OEM required certifications or OEM authorized reseller, copyrights or secret processes with regard to the supplies or services required.

The requested equipment is required to be compatible with the currently issued FN 303 Launcher Systems, and corresponding accessories (carrying cases, munitions, etc), already within use by the USSS Public Order Unit. The FN 303 Launchers have been identified as a known compliant system and are compatible with the existing USSS-owned FN America – FN 303 Less Lethal Launcher Systems.

These ‘Less lethal’ law enforcement devices have completed extensive testing, evaluation, and validation by this Service, conform to all OEM nomenclature items, as well as the specific USSS requirements relative to materials, design, and features, and commonality of design and usage with currently issued items, to minimize the burden of training multiple systems deployment.

The use of alternate or non-OEM (FN) parts and/or components would yield less practical and predictable results when contemplating normal maintenance and parts replacement cycles, versus using strictly approved FN brand-name brand parts. The use of non-OEM parts, components, and assemblies also subjects the government to voided warranties as well as diminished operational weapons reliability, accuracy, and effectiveness - which carry grave law enforcement consequences and increased liability concerns.

The sale of FN 303 Less Lethal Launchers is limited to only military and law enforcement agencies.

FN America only sells its products through authorized distributors.

☐ Compatibility to existing systems or equipment. The required supplies or service must be compatible in all aspects (form, fit, and function) with existing systems or equipment and the source is uniquely qualified to meet the requirement.

☐ Other. Only one source is capable.

Rationale:

SSJ No: FY24-0079 Page 3 of 3

No comparable competitors’ designs have been identified as suitable, without subjecting the government to significant delayed deliveries, voided warranties on existing systems, as well as potentially diminished operational weapons accuracy and effectiveness related to existing specialty munitions in USSS inventory. The issuance of a USSS-specific competitive solicitation, as well as the continued testing, use, or fielding of alternate non-OEM parts and/or components would incur a substantial added financial burden to the Government, as well as significant delays in delivery of critical law-enforcement equipment.

4. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106-3(a)(2).

☒ Market Research;

☒ Comparison of the proposed price with prices found reasonable on previous purchases;

☒ Current price list;

☐ Comparison with similar items in a related industry;

☒ Comparison to Independent Government estimate;

☐ Contracting Officer’s personal knowledge; or ☐ Other reasonable basis.

5. Other Information.

USSS intends to comply with the public display and synopsis requirements in FAR 13.105(a) unless an exception in FAR 5.202 applies.

USSS will post the justification with the solicitation as required in FAR 13.106-1(b)(3) and 5.102(a)(6).)