Final Justification and Approval Glock- signature page removed for posting.pdf

Justification for Other than Full and Open Competition Under 10 U.S.C. § 2304

In compliance with Federal Acquisition Regulation (FAR) 13.501(a)(ii), this justification uses the format at FAR 6.303-2 and is modified to state that the procedures in FAR subpart 13.5 are used.

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Office of Specialized Capabilities (CG-721) prepared this justification for other than full and open competition.

2. Nature and/or Description of the supplies/services being approved.

The USCG has an established requirement for Airsoft pistols to complete Use of Force Training. The Airsoft pistols must be fire 6mm pellets, operate with “green gas,” have blowback design, and be an exact replica of the Glock G19 Gen 5 pistol.

The USCG intends to award, on a sole source basis, a contract to Arkania USA, Inc. 4265 Trade Center Drive, Suite 130, Grapevine, TX 76051. This requirement is for delivery of 2,050 - Glock 19 Gen 5, GBB, Green Gas Pistol Kits, 6mm Black and 2,050 - Glock 19 Gen 5 Spare Magazines, Green Gas, 6mm, Black, within 30 days after the contract award date.

All orders will be firm-fixed-price with an estimated total value as shown below:

Supplies/Services QTY Price Estimated Total Glock 19 Gen 5, GBB, Green Gas Pistol Kit, 6mm Black

2,050 $250.00 $512,500.00

Glock 19 Gen 5 Spare Magazine, Green Gas, 6mm, Black

2,050 $30.00 $61,500.00

Freight and customs fees 1 $23,500.00 $23,500.00 $597,500.00

This requirement will be funded using Operations and Support (O&S) funds from fiscal year 2021. The solicitation number is 70Z02321QMSA08000.

The supplies and services anticipated for this requirement have not been previously acquired at the USCG.

Name and address of the contractor:

Arkania USA, Inc.

4265 Trade Center Dr.

Suite 130 Grapevine, TX 76051 Phone: 734-765-6250 POC: Rod Coons

3. Description of Supplies/Services.

The requirement is to provide upgrades and support for the service-wide fielding of the G19 Gen 5 pistol, the USCG’s new service pistol. The G19 Gen 5 airsoft pistol will allow USCG personnel to complete required Use of Force training, with an airsoft weapon that is the same fit, form, and function as the service weapon. The training requirement has been thoroughly tested and the airsoft platform is the only platform that can be used at each USCG unit. This procurement will allow the USCG to provide a standardized training capability for all armed personnel. The manufacturer is the only one that provides this equipment and the required support.

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) implemented by FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

6.302-1 (a) (2) (ii): Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in–

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency’s requirements.

5. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

While conducting market research and contacting Glock Inc., two companies have rights to produce Glock replicas, one has rights to sell to civilians, the other (Arkania USA, Inc.) has rights to sell to the military and police. Upon contacting Arkania USA, Inc., they stated they are able to provide the required items to support the USCG requirements. The other company, Umarex, which has civilian licensing rights does not produce the G19 Gen 5 airsoft. If this justification is not approved, the USCG will not be able to meet Use of Force training requirements as the G19 Gen 5 pistol is fielded. The established Use of Force training program utilizes airsoft pistols. These items were selected because they were the only items that can be used at every USCG unit without causing damage. We considered using another G19 airsoft variant, but it would provide a training capability that shooters would alter firing muscle memory for employing the weapon. This is not acceptable because it would add risk to USCG personnel that conduct armed operations.

The equipment must have the same fit, form, and function as the USCG’s current service weapon. The training weapon must reinforce the rules of marksmanship. The one vendor holds exclusive rights from Glock Inc. to make replica weapons and sell to the military.

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

As required by 10 U.S.C. § 2304(1), this justification shall be made publicly available within fourteen (14) days after contract award and remain posted for a minimum of thirty (30) days.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on current market prices and Independent Government Cost Estimate (IGCE). There were no previous government contracts for these Airsoft pistols because they are new and the USCG will be the first to purchase them. However, the USCG obtained prices to similar items, including a cost estimate provided by the potential vendor. .

8. Description of Market Research.

Market Research was conducted from December 2020 through May 2021. Glock Inc. was contacted to see what companies had been granted licensing rights to produce Glock replicas. Arkania USA, Inc. and Umarex have rights to produce Glock Airsofts. However, Arkania USA, Inc. has the exclusive rights to sell to the military and law enforcement. Both Arkania and Umarex were contracted and both verified Arkania is the only company that can sell to the USCG. Umarex stated if they sell to the USCG, they could lose their licensing rights to produce Glock replicas.

9. Any other facts supporting the use of other than full and open competition.

N/A

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

None.

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 required supplies or services.

The USCG conducted research to identify any vendors that could provide the required items. Due to the licensing rights, only one vendor can fill the requirement. With future acquisitions, the USCG will advocate for Glock Inc. to expand licenses to additional vendors.