Tab_6a_Sole_Source_J&A_PR_20104400__Redacted.pdf

Attachment 1 U.S. Customs and Border Protection

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

This template provides guidance for completing documentation required for the justification and approval of acquisitions above the simplified acquisition threshold for supplies and/or services through other than full and open competition.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity. Customs & Border Protection (CBP), Office of Field Operations (OFO) in the Los Angeles (LAX) Field Offices area of responsibility proposes to enter into a contract with Rio Hondo Community College on a basis of other than full and open competition.

2. Nature and/or description of the action being approved. CBP, OFO has a requirement to maintain firearms qualifications on a quarterly basis. There are several sea, air and land ports throughout the LAX area resulting in a total of slightly over 1,400 agents requiring qualifications training in long arms, pistol and less lethal weapons training. Rio Hondo Community College located in Whittier, California is the only facility that can meet all the requirements of OFO. Rio Hondo Community College, is conveniently located within 30 miles of all ports (sea, air and land), at 3600 Workman Mill Road in Whittier, CA, 90601

3. Description of Supplies/Services. The requirement is to provide range facilities, mat rooms, classrooms, parking and storage facilities for all LAX area port officers. The requirement will enable all 1,400+ agents to remain qualified in firearms on a quarterly basis as required by CBP directives. Rio Hondo Community College is the only local facility capable of meeting all LAX OFO requirements. Total cost is

The facility is large enough to accommodate several government vehicles (up to 50) as well as classrooms, gym, and range times for all agents to remain qualified.

Period Unit Price Total Base Period 12 mos Option Period 1 12 mos Option Period 2 12 mos Option Period 3 12 mos Option Period 4 12 mos

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1)(for USCG) or 41 U.S.C. 253(c)(1) (for other Components) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

Although there are other police academies and colleges throughout the LAX area, they do not meet the requirement of storage and parking facilities. Additionally, most facilities are outside the 30-mile radius requirement. Lastly, and most importantly, the other facilities cannot meet the rigorous training schedule required in order to maintain qualification on all 1400+ agents. The outdoor range facilities will be in use by CBP agents for a total of over three hundred days throughout the year as well as nighttime range use for one quarter of the year. No other facility can accommodate the OFO LAX training schedule.

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

This requirement will be published on FBO.GOV (FedBizOpps) in accordance with FAR Subpart 5.102(a)(6) and 5.2. Publication is anticipated for May 2018 timeframe for a period of 15 days. Results of the publication will be filed in Tab 9c of the project file.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer has determined that the anticipated price(s) will be fair and reasonable based on historical information. OFO LAX has previously contracted with Rio Hondo Community College for range and classroom time. The proposed pricing is 3% above the most recent rate, when classroom, parking, storage and range use are all considered, the pricing is fair and reasonable. OFO LAX has almost exclusive use of the facilities (over 300 days per year), thus the pricing is in the best interest of CBP OFO. For example, consider the construction and eventual maintenance costs of a new facility dedicated to OFO LAX area agents.

8. Description of Market Research.

The program office and Contract Specialist conducted market research to include local area facilities as well as internet searches. Firing ranges in the LAX area (i.e., Santa Ana, San Bernardino, Ventura, Pomona, etc.) are not within the acceptable mileage requirement for CBP locations. Other Law Enforcement agencies such as DOA/LAWA or PD/Sheriff cannot accommodate the number of CBP agents or will not allow other agencies access to their facilities. Still other facilities do not have adequate parking or storage facilities to accommodate all 1400+ CBP agents. For complete market research details, view the market research report in Tab 1d of the project file.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

1. The supplies/services cannot be obtained from any other source because:

- Rio Hondo is currently the only range within the general vicinity of the Area Port of

LAX, the Los Angeles/Long Beach Area Port of Entry and the Los Angeles Field Office, that can accommodate the mandatory number of firing and tactical sessions for over 1,400 CBP Officers located within these locations.

- Rio Hondo provides storage space on the premises, thus eliminating the unsafe practice of employees transporting ammunition in their POV or in the GOVs.

- Rio Hondo Firing Range is an outdoor range (thus safer).

- Rio Hondo provides free and secure parking for GOVs.

- Rio Hondo is open 24 hours a day and has classroom/restroom facilities.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

None to date – if there is a response from the FBO.GOV publication, vendor information will be noted in the file.

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.

12. Planning and Funding Statement.

This acquisition is not a result of a lack of planning or the expiration of funding. The existing agreement is due expire June 30, 2018. In order to ensure all LAX area CBP agents remain qualified to carry a weapon, provision for quarterly training is vital. This acquisition will ensure a safe, secure, adequate facility is available to meet the requirements for CBP Quarterly qualifications.

13. Posting Requirement. CBP will post this requirement on FedBizOpps pursuant to FAR

6.305.

► J&A CERTIFICATIONS

► J&A APPROVALS

18. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Above $700,000)

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: ___________________________ Date: _____________

19. HEAD OF CONTRACTING ACTIVITY (Per FAR 6.304(a)(3) - $13.5M to $68M)

Name (Print): _______________________ Head of the Contracting Activity

Signature: __________________________ Date: _____________

20. DHS CHIEF PROCUREMENT OFFICER (Per FAR 6.304(a)(4) - Above $68M)

DHS Chief Procurement Officer

21. DHS SECRETARY (any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount)

DHS Secretary