FN303_J A.pdf

Limited Sources Justification

HSBP1015D0015

FN303 Launcher System & Accessories

This acquisition is conducted under the authority of the “Other than Full and Open Competition, 41 U.S.C 253(c). Specifically, the requirement involves a sole source procurement from the equipment manufacturer. See FAR 8.405-6 (a) (1) (i) (B).

Content of Justification:

1. Identification of Agency and Contract Activity:

Department of Homeland Security (DHS) US Customs and Border Protection (CBP) Office of Training and Development (OTD) Use of Force Center of Excellence (UFCE) 440 Koonce Rd.

Harpers Ferry, WV 25425

2. Nature and/or Description of the Action being Approved:

CBP, has a requirement to procure .68 caliber less lethal launcher systems to support current law enforcement operations and training programs.

(a) Type of action: Firm Fixed-Price Indefinite Delivery, Indefinite Quantity (IDIQ)

(b) Proposed Vendor: FNH USA; PO Box 9424, McLean, VA 22102

(c) Years of Funding: 2015 – 2020

(d) Other brief descriptive words and phrases: Less Lethal Device

3. Description of Supplies/Services:

This procurement is for FN 303 Launching System (Intermediate Impact/Chemical Agent Delivery System), projectile munitions, and common components/accessories that are required for this system. Components and accessories include carry case, slings, high pressure air charging stations, speed-loaders, and magazines. This action will fill a need to provide personnel with vital mission essential equipment to employ less lethal devices in a timely manner that is otherwise not available in CBP.

The maximum known kinetic impact in a less lethal .68 caliber system, investment in the current inventory of the FN 303, compatibility with the current equipment, replacement strategy for out of warranty field failure units and unique magazine and projectile configuration are the predominant factors that direct the decision to award a contract under the provisions of Federal Acquisition Regulation 6.302.1, Only one responsible source and no other supplies or services will satisfy agency requirements.

The procurement is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract that will include a base plus 4 option periods, each of 12 month duration.

4. Identification of Statutory Authority Permitting a Limited Source Award:

The statutory authority permitting other than full and open competition is 41 U.S.C.

253(c)(1), “Only one responsible source and no other supplies or services will satisfy agency requirements”, as implemented by the Federal Acquisition Regulations.

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

The FN 303 is an intermediate force device that provides specific desired characteristics.

In addition to offering kinetic impact capability, these projectiles can also incorporate paint for identification purposes, infrared for illumination or PAVA chemical compound for use in area denial (upon approval.) The deployment of the FN 303 is an approved less lethal device for use by OBP Agents, OAM Officers/Agents, and OFO Special Response Team (SRT) personnel. This device allows Officers/Agents to engage subjects who are potential threats, but who are too far away to utilize a collapsible steel baton (3 feet), OC spray (15 feet), or the Pepperball Launcher System (up to 60 feet.) The FN 303 provides a use of force alternative in situations where deadly force might have previously been the only other option. This particular device and munitions meet specific CBP requirements and is the only system that can deliver a kinetic impact round at up to 225 feet. Finally, the FN 303 system is the only known launcher system that uses a fin as part of its 8.5 gram projectile. This unique element of the FN 303 system provides superior accuracy and the maximum kinetic impact known to be available in a less lethal .68 caliber system.

CBP has invested significant time and financial resources in previously implementing the FN 303 platform. This includes the previous acquisition of launchers and accessories for operations, as well as significant development of training procedures needed to support the platforms use. CBP needs to replace units that have reached the end of their serviceable life, as well as expand the inventory of FN 303 launchers and its munitions (as FN 303 munitions are proprietary to their associated launcher) for deployment and training purposes to support the increased number of Officer/Agents.

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

Effort to identify potential source offerings was made through the market research process; including online research, liaisons with other law enforcement agencies, telephonic interaction with vendors, and trade shows (such as the Shot Show.)

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

The Contract Specialist has determined the anticipated pricing as fair and reasonable based on a comparison between commercial pricing vs. GSA pricing, volume discounting, and historical price data from previous contracts between CBP and FNH.

8. Description of Market Research.

Market research was conducted via the internet, with vendors, via trade shows, and with specific DOD and civilian contacts that have intimate training and handling experience in this type of less lethal device. Performance criteria has been verified by published study: “Less-Lethal Weapons for Law Enforcement: A Performance-Based Analysis Law Enforcement executive Forum 2008” and continues to be a benchmark in CBP’s assessment of potential devices.

The research conducted with specific DOD and civilian personnel was accomplished via telephone calls, personal contact visits, and range demonstrations. Hands on testing and review of the FN 303 included test firing. Extensive ballistic and durability testing of the FN 303 was also done by both CBP and the FBI. Finally, field usage of currently deployed FN 303’s was reviewed as well.

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

FNH is the only manufacturer that can produce munitions and accessories that are compatible with CBP’s current inventory of .68 caliber less lethal launchers.

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

FHN is the only known manufacturer that can meet this requirement. No other written inquiries were received.

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.

This proposed acquisition will fulfill CBP’s needs for 5 years. In preparing for the possibility that needs will carry on beyond that time frame, CBP will continue to monitor advancements in technology and innovation, maintain communication with industry, and ensure that competition is fostered and utilized in any future procurement actions deems necessary.

12. Planning and Funding Statement.

This requirement is not a result of a lack of planning or expiration of funds. The justification rests on the manufacturer’s unique ability product, current inventory’s proprietary requirements for accessories/munitions, and pricing that is deemed reasonable based on prior government contract pricing.