Attachment_H_-_Brand_Name_-_BPA_Ammo_April_2018_Redacted.pdf

DEPARTMENT OF THE TREASURY

SF 1013 - JUSTIFICATION & APPROVAL FOR FAR SUBPART 13.5 SOLE SOURCE

(INCLUDING BRAND NAME) ACQUISITIONS

Treasury Standard Form – 1013 (Rev 3/18)

Prescribed by Treasury: DTAP 1013.501

1. Identification of the requiring activity and the contracting activity:

Bureau of Engraving and Printing (BEP) Washington, D.C. Currency Facility (DCF) and Western Currency Facility (WCF) Office of Security, Police Operations.

Captain BEP Police Operations Division Training Section Manager

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

Bureau of Engraving and Printing (BEP) Washington, D.C. Facility (DCF) and Western Currency Facility (WCF) Office of Security, Police Operations has a need for training and duty ammunition per the specification listed on the attached, Statement of Work (SOW).

Under this requirement, the contractor shall provide and deliver identified small arms ammunition to each BEP facilities per specification on the SOW. The contractor shall provide all labor, materials, parts, equipment, tools, supplies, management, supervision, warranty, and all other associated services, (i.e. delivery, transportation) necessary to supply and deliver small arms ammunition.

The term of any issued BPA will be for a period of five (5) years or when the BPA ceiling has been reached, whichever occurs first.

2.b Name and business size of the vendor: Based on the results of the market research conducted, it is concluded adequate competition exists in the marketplace to publicize this requirement. Numerous competitors exist within different socio-economic categories which can satisfy the required brand name ammunitions. Although there are several socio-economic concerns that could provide the ammunition, the requirement will not be set aside due to the non-manufacturer rule.

2.c Requisition No:

2.d Bridge contract: Yes No 2.e Brand name: Yes No 3.a A description of the supplies or services required to meet the agency’s needs:

The contractor shall provide and deliver the below specified small arms ammunition to the Bureau of Engraving and Printing (BEP) Washington, D.C. Facility (DCF) and/or Western Currency Facility (WCF).

The following characteristics and components should be included:

All ammunition shall be new, unissued and not refurbished and shall conformed to the attached Statement of Work (SOW).

Duty ammunition shall be as specified no substitutes unless agreed by BEP representative and BEP Office of Environmental and Health Safety (OEHS).

No accessories required with this ammunition order.

Ammo that are not in compliance with the Safety requirement specified on Section X, of the SOW, will be deemed UNACCEPTABLE.

(INCLUDING BRAND NAME) ACQUISITIONS

Treasury Standard Form – 1013 (Rev 3/18)

Prescribed by Treasury: DTAP 1013.501

BEP requires the following brand name ammunition:

Speer Gold Dot Remington Hornady Federal Premium Ballisticlean

The contractor shall have the capability to supply the following types of duty and training ammunition:

Duty Ammunition Type Training Ammunition Type .45 Speer LE Gold Dot 230gr. Part 53966 .45 Federal Ballisticlean BC45CT1 .9mm Remington Golden Saber 124 gr. .9mm Federal Ballisticlean BC9T3 .223 Hornady 55 gr. TAP Barrier #83295 .223 Federal Ballisticlean BC223NT5A 12 GA. Remington Slug Reduced Recoil 12 GA. Remington Disintegrator LFS 12 GA. Remington Buck Shot TAC 8 12 GA. Remington Buck Shot TAC 8 168 gr. Hornady A-Max Tap Precision 80965

3.b Includes IT: Yes No 3.c IGCE/Estimated dollar value:

This is a BRAND NAME solicitation to award a single Blanket Purchase Agreement (BPA).

It is anticipated that the BEP will issue a BPA from the effective date of the agreement for a total of 60 months. The Period of Performance (PoP) will consists of a five (5) years or when the BPA ceiling is reached, whichever occurs first. See attached IGCE for full details.

4. Identification of the authority being used (Check the box that applies):

41 U.S.C. 1901 – Simplified acquisition procedures.

41 U.S.C. 1903 – Special emergency procurement authority.

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

The ammunition listed has been used by both BEP facilities for the past 10 years and the performance and reliability in agency weapons are known and demonstrated. During previous testing of possible alternative types of ammunition, it was found that the ammunition had problems cycling properly. The hand guns were prone to experiencing jams with alternative types of ammunition. The required ammunition is currently in use and is approved for use by the BEP Office of Environmental, Health, and Safety (OEHS) as completely lead-free.

Alternative types of ammunition were previously tested for consideration of future use during which OEHS independently tested the ammunition and found that lead levels were 4x the acceptable level. Testing and evaluation of other types of ammunition would be lengthy and would compromise the mission of the police resulting in depletion of the current supply.

Thereby, impacting the safety of the employees. All ammo must conformed to BEP OEHS Safety requirements as required under Section X, Safety of the SOW.

(INCLUDING BRAND NAME) ACQUISITIONS

Treasury Standard Form – 1013 (Rev 3/18)

Prescribed by Treasury: DTAP 1013.501

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR subpart 5.2 and, if not, which exception under FAR 5.202 applies:

Based on the results of the market research conducted, it is concluded that this requirement can be met by issuance of a solicitation using the procedures at FAR Parts 12 and 13 Acquisition of Commercial Items and Simplified Acquisition Procedures.

This determination is based upon the Contracting Officer having conducted proper market research. There are numerous responsible sources available to provide the ammunition.

Award criteria will be based Lowest Price, Technically Acceptable. The Government will evaluate Offerors’ Technical, Past Performance and Price factors. Offerors that do not conform to the requirements of the solicitation will be considered non-responsive and will not be evaluated for award.

The requirement will be competed through the Government Point of Entry Federal Business Opportunities at https://www.fbo.gov/. It is the intent of the government to issue a firm-fixed price contract. This determination is based upon the BEP having conducted market research and identifying available commercial off the shelf options available through open market procedures.

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

The Government will award a BPA from the solicitation to the Lowest Price Technically Acceptable Offer. A Price Analysis will be conducted in accordance with FAR 13.106-3.

There is a reasonable pool of vendors available in the market place in order to achieve maximum competition. Further, historical prices exist. The Government will also compared proposed prices with prices found reasonable on previous purchases after adequate prices competition and will compare propose prices with current prices list, such as IRS Contract Number TIRWR-12-D-0001 and the Department of Homeland Security Schedule Number HSFLGL16D0004 with those items that similar to the complexity with the items under this requirement.

8. A description of the market research conducted (see FAR part 10) and the results or a statement of the reason market research was not conducted:

In accordance with FAR 5.203(a) and based on the reports and findings during Market Research, this requirement can be met via the Government Point of Entry (GPE). A solicitation through the Federal Government Procurement Opportunities (FBO.gov) is appropriate to ensure maximum competition, as there is a reasonable pool of vendors available in the market place.

9.a Any other facts supporting this justification:

This is a brand name procurement that does not allow for set-aside due to the non-manufacturer rule. Remington and Federal ammunition are manufactured by large businesses. Setting aside the requirement for small business concerns would be in violation of non-manufacturer rule set forth by the Small Business Administration and Federal Acquisition Regulation 52.219-14. No class waivers exists for this procurement that would allow for set-side for small business concerns.

(INCLUDING BRAND NAME) ACQUISITIONS

Treasury Standard Form – 1013 (Rev 3/18)

Prescribed by Treasury: DTAP 1013.501

A concern may qualify as a non-manufacturer if it:

o Does not exceed 500 employees;

o Is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied; and o Will supply the end item of a small business manufacturer or processor made in the United States, or obtains a waiver of such requirement

Since some of the brand name ammunition is that of large businesses, the requirement cannot be set aside for small businesses.

9.b Attachments: Yes No

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

In accordance with the Federal Acquisition Regulation (FAR) at FAR 5.201(c), a request for information (RFI) was issued which meets the requirements in FAR 5.04. The source sought was issued under BEP-RFI-17-0362 on 09 March 2017 with a response date of 14 March 2017. A draft Statement of Work was issued. The sources sought included specific technical requirements to ensure vendors had adequate notice of the BEP’s requirement. Five vendors submitted responses as follow:

Company Name DUNS Number Size Ameristar Contracting Group 074020644 Small/ SDB Atlanta Arms & Ammo Inc. 136327335 Small Lionheart Alliance 079397355 Small/ WOSB Purple Shovel 833164960 Small A2Z Supply 808414531 Small/SDVOB

11. A statement of the actions, if any, the Requiring Activity or Contracting Activity may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

There are no barriers to competition. Based on the results of market research, there are several sources that can fulfill this requirement.

12. Certifications and Approvals:

12.a Program Office certification (Requiring Activity). I hereby certify that any supporting information and data provided, which form the basis for this justification, are accurate and complete to the best of my knowledge and belief.

Name: Date:

Signature:

12.b Small Business Specialist determination (Contracting Activity). I have reviewed this justification, including any attached documentation and concur / do not concur.

Name: Date:

Signature:

3/16/18

16 March 2018

X

(INCLUDING BRAND NAME) ACQUISITIONS

Treasury Standard Form – 1013 (Rev 3/18)

Prescribed by Treasury: DTAP 1013.501

12.c Contracting Officer certification and approval. I hereby determine the circumstances of this acquisition support the justification to acquire the item(s) on a sole source (including brand name) basis under the authority of FAR subpart 13.5. I also certify this justification is accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve this justification.

Name: Date:

Signature:

March 2018