FAR 13.5_SSJ.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-70CDCR23P00000031

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 Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of Enforcement and Removal Operations (ERO) Los Angeles Office, 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: Not to exceed $273,600.00.

(c) Brief Description: OAQ intends to procure, on a sole source basis, firearm training services using simplified acquisition procedures. This action is being taken pursuant to the authority of FAR 13.501. The vendor listed below is the only company that can provide the required services.

PRADO FAMILY SHOOTING RANGE

17501 POMONA RINCON RD

CHINO, CA 91710-9287

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

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

The ICE ERO Los Angeles Field Office requires access to a local shooting facility that has both, a shooting range and shooting training facility for up to 450 (four hundred fifty) ICE officers, allowing ICE officers to train and qualify quarterly with handguns, rifles, and shotguns. The Government has various requirements including the 50 miles radius distance of the shooting facility with respect to the Los Angeles Field Office and Enforcement and rifle shooting requirements, tactical training facility access, etc. The facility must be inspected by ICE Firearm Expert and certified to meet ICE tactical requirements.

The period of performance will include a 12-month base period and four (4), twelve (12)-month option periods. The table below provides a summary of the not to exceed estimated total price.

Option Period Dates (to and from) Duration Price Base Year 9/01/2023-8/31/2024 12 Months ˜ $54,000.00 http://uscode.house.gov/

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

Option 1 9/01/2024-8/31/2025 12 Months ˜$54,000.00 Option 2 9/01/2025-8/31/2026 12 Months ˜$54,000.00 Option 3 9/01/2026-8/31/2027 12 Months ˜$54,000.00 Option 4 9/01/2027-8/31/2028 12 Months ˜$57,600.00

Total Price ˜$273,600.00

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority 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.

Per the ICE Firearms Expert, Prado Family Shooting Range will be required to accommodate approximately 450 ICE officers for firing range needs. This is to ensure all officers can have full range access during firearms qualification time and to guarantee officers can train when their schedules permit.

Thus far, Prado Family Shooting Range of Chino CA, has been identified as the only firing ranges within the required 50-mile radius that fully meets the ICE requirements from Los Angeles Field Office because the Prado Shooting Range can be accessed by officers from Los Angeles, Orange County sub-office, San Bernardino sub-office, and Adelanto facilities.

Prado Family Shooting Range is classified as a Woman Owned Small Business entity.

It is recommended that the Purchase Order 70CDCR23P00000031 be provided to the Prado Family Shooting Range to ensure all officers can be fully accommodated, trained in accordance with the DHS ICE rules and regulations. It is imperative that the officers be able to qualify and train. In addition, the Los Angeles Field Office had positive experience by the services provided by this vendor. If this contract is not awarded to this vendor than the DHS ICE officers risk not to fully meet firearm qualification, thereby affecting the agency’s mission.

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

OAQ intends to make this justification publicly available pursuant to FAR 6.305 on Sam.gov within 14 days after contract award.

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

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

The contracting officer determines that the anticipated price will be fair and reasonable based on a comparison of proposed price to commercial pricelists as well as historical prices paid, whether by the Government or other than the Government, for the same or similar services. The vendor provided firm fixed price per officer’s visit to the shooting facility for base, option one, two and three, only for option four the price increased by four percent. The increase is reasonable and within the parameters of the industry.

The awarded prices for base and option years are determined to be 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 IGCE.

☐ Contracting Officer’s personal knowledge.

☐ Other.

8. Description of market research.

Market research was conducted collaboratively between the Program Office and OAQ in accordance with FAR Part 10, HSAM 3010, and the DHS Market Research Guide. Shooting facility services, such as the services required under this effort, are considered a commercial item and are services of a type offered and sold competitively in the commercial market. The market research resulted that the Angles Shooting Range North of Los Angeles and Prado Family Shooting Range of Chino CA have been identified as the only firing ranges vendors within the required 50-mile radius that fully meet the ICE requirements. The Angles Shooting Range can be accessed by all officers from Los Angeles to Ventura, and Santa Maria while the Prado Shooting Range can be accessed by officers from Los Angeles, Orange County sub-office, San Bernardino sub-office, and Adelanto facilities. The Los Angeles Shooting Range is currently providing services under ICE Contract No.

70CDCR23P00000016. No other ICE certified Outdoor shooting range or any outdoor shooting range vendor was found to provide shooting range services within 50-miles radius.

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.

Based on the market research provided by the Program Office, it indicates that there is no other vendor that can provide shooting services for DHS ICE Los Angeles Field Office within the 50-miles radius.

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

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.

Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service.

The program office and OAQ will conduct ongoing market research to see if any other local shooting facilities in the future can meet the requirements of the SOW. If so, OAQ will compete future contract actions for these services.

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).

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.

____________ September 13, 2023 Daryoosh Mackay, 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.

_____________________________________ September 13, 2023 Diana Brozi, Contracting Officer Date

D a r y o o s h M a c k a y

Diana Brozi