1.5.1 Brand name JA redacted_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

Pursuant to 41.U.S.C.1901as implemented by the Federal Acquisition Regulation (FAR) Subpart

13.5 and in accordance with the requirements of FAR 13.501, the justification for the use of the statutory authority under FAR Subpart 13.501 is justified by the following facts and rationale required under FAR 6.303-2 modified to reflect subpart procedures in FAR 13.5 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security, Federal Law

Enforcement Training Centers (FLETC), proposes to enter into a contract on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved. FLETC intends to procure on a brand name only basis headguards with a face cage, reversible chest protectors, and grappling gloves. The solicitation number for this acquisition is 70LGLY22QGLB00113 and it is expected that more than one (1) award will be made off of this solicitation. A firm fixed price purchase order(s) with four (4) options will be awarded from the solicitation. FY22 Operations and Support funds have been committed for any resultant award(s). FY22 purchases have an estimated amount of .

3. Description of Supplies/Services. The Department of Homeland Security (DHS), Federal Law Enforcement Training Centers (FLETC), Physical Techniques Division (PTD), has a requirement for headguards with a face cage, reversible chest protectors, and grappling gloves which are critical in the support of the training mission. The current FLETC inventories for headguards, reversible chest protectors, and grappling gloves have reached the end of its life cycle and is no longer acceptable for use to prevent injury. Without the purchase of new headguards, reversible chest protectors, and grappling gloves, FLETC will be unable to continue its reality-based control tactics curriculum without subjecting students and staff to undue risk of injury.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition. Identify the most applicable statutory authority that will be used to justify other than full and open competition from the seven listed under FAR 6.302.

FAR Subpart 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements (Brand Name)

Chest Protecotrs: Adidas chest protectors Helmet with Face Guard: Pro-Force headguards Grappling Gloves: Combat Sports Pro-Style MMA Gloves

5. N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. Throughout the past eight years, PTD’s

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021) testing and evaluation of various headguards, reversible chest protectors, and grappling gloves has helped solidify the well-defined salient characteristics of effective and safe headguards, reversible chest protectors, and grappling gloves. Based on this data, the SMEs determined that no other brand name items for headguards, reversible chest protectors, and grappling gloves can provide the protection needed during the intense physical training scenarios nor withstand the cleaning processes required to minimize the transmission of communicable diseases among users other than Pro-Force headguards; Adidas chest protectors; and Combat Sports Pro-Style MMA Gloves.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable In an attempt to ensure offers are solicited from as many sources as possible, solicitation 70LGLY22QGLB00113 will be posted on SAM.gov

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer determines that anticipated prices are fair and reasonable based on the Government’s Independent Estimate, current market conditions, historical pricing for previously awarded contracts for this equipment, and commercial pricelists via an internet search.

9. Description of Market Research. A brief summary of actions taken for market research is as follows:

In February 2016, FLETC Procurement Division (PRO) issued a combined synopsis/solicitation to procure chest protectors for PTD. The solicitation was posted on FedBizOpps for 15 days, and a total of 11 quotes were received. No quotes received meet the salient characteristics required except for Adidas chest protectors.

A procurement action initiated in fiscal year 2019 to purchase headguards revealed that headguards which met all of the salient characteristics was only Pro-Force.

To ensure that no new products had entered the market for headguards, reversible chest protectors, and grappling gloves, FLETC PRO issued a “Sources Sought” notice on SAM.gov which was open from April 25 to May 9, 2022. PTD SMEs reviewed two submissions (one for gloves Not Combat Sports Pro-Style MMA Gloves and one for headgear not Pro-Force) and determined that neither meet the salient characteristics required.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. N/A

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition. N/A

12. 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. PTD SME’s evaluate equipment submitted by vendors for durability and safety.

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021)

A solicitation will be issued on SAM.gov to encourage competition for these items. All specifications will be reviewed by the SME to ensure the saliant characterizes are meet.

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