JOFOC_FoF 5.56_SAM.gov.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (A)(1)

Requisition Number: DJF-25-1200-PR-0000024

Date: 06/13/2025

Estimated Contract Dollar Value: $XXXXXX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisition Programs Unit (NAPU), has prepared this justification for other than full and open competition for Force-On-Force 5.56mm Non-lethal Training Ammunition on behalf of the Training Division (TD), Tactical Training Unit (TTU).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

It is the intent of TD, TTU to acquire a firm fixed price contract for the Force-On-Force 5.56mm Non-lethal Training Ammunition. This procurement will be advertised on the SAM.gov website as a brand name only, open market requirement. The resultant contract is intended to be awarded as a one-time, firm-fixed price, purchase order.

3. A description of the supplies or services required to meet the agency’s needs.

The TD, TTU is requesting the procurement of Force-On-Force 5.56mm Non-lethal Training Ammunition. The FBI’s firearms training program utilizes non-lethal training rounds for safe training; specifically, the FBI utilized Man Marker Rounds and Non-Marking Rounds in realistic, opposed training.1 Law enforcement personnel benefit from opposed training, but it is imperative to mitigate risk. Non-lethal training ammunition is an essential part of that risk mitigation.

1 Opposed training can be defined as firearm training in which law enforcement personnel interact with and against opposing armored personnel. Compared to firearm training on paper targets, opposed training with non-lethal ammunition simulate real-life situations in which the trainee is forced to evaluate a situation, communicate with individuals, and engage realistic threats.

Firearms training is conducted at all 56 FBI Field Offices as well as at various Headquarters Divisions, including TD, CIRG, and CTD. A purchase order to acquire Force-On-Force 5.56mm Non-lethal Training Ammunition will allow those Field Offices and Divisions to continue to conduct safe opposed firearms training.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304 (a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” – Application for Brand Name.

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Force-on-Force training ammunition is the only product that meets the following requirements:

Compatibility with Existing Weapons Systems:

The FBI previously procured “blue bolt” training bolt carrier groups2 (BCGs) for use in the FBI’s existing fleet of 5.56 carbines. Force-on-Force training ammunition is the only non-lethal training ammunition that fires utilizing the existing training BCGs. In short, the FBI’s current training 5.56 weapons are designed to function exclusively with Force-on-Force rounds. The use of alternative brands would require modifications to existing equipment or the procurement of new equipment, incurring additional costs.

Safety and Performance:

Force-on-Force training ammunition are safe for close-quarters training, minimizing the risk of injury while maintaining realism. Force-on-Force 5.56 training ammunition is the only non-lethal training ammunition available that operates with the FBI’s existing training equipment.

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

There are no known non-lethal 5.56 training ammunition produced by other manufactures that have the same characteristics. This requirement will be posted on the SAM.gov website, as a

2 SIMUNITION Kit M4-M16, model 58558-10 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990 brand name only, open market requirement. This announcement will give an opportunity for authorized, small business, resellers of Force-on-Force 5.56 training ammunition to demonstrate their ability to meet the FBI's specific needs through a submission of their technical capabilities and cost information.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated dollar value of this award shall not exceed $XXXXXX. Prior to issuing an award, the Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3.

8. A description of the market research conducted and the results.

The FBI’s Ballistic Research Facility (BRF) conducts regular market research into non-lethal training ammunition. The market for non-lethal training ammunition is small and the hurdles to manufacture ammunition are high, as such there are only two (2) 5.56 non-lethal training ammunition products available in the United States. Both require proprietary conversion kits to function within existing firearms. Over decades, the FBI has procured conversion kits for both brands. However, field offices traditionally only have access to one or the other. In which case, the FBI needs contracts to acquire the ammunition for both systems.

This purchase order is focused solely on Force-On-Force brand 5.56 non-lethal training ammunition as it is the only round that fires from the FBI’s existing “blue bolt” training BCGs.

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

Please see section three (3) and five (5) above.

10. A listing of any sources that expressed a written interest in the acquisition.

This requirement will be posted on the SAM.gov website as a brand name only, open market requirement. This announcement will give an opportunity for authorized, small business, resellers of Force-on-Force 5.56 training ammunition to demonstrate their ability to meet the FBI's specific needs through a submission of their technical capabilities and cost information. Force-on-Force 5.56 training ammunition can be purchased through any authorized, small business retailer that can meet the requirements in section five (5) above.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

The actions of the TD, TTU to identify potential sources possessing the ability to satisfy this and similar requirements are ongoing. Over time, additional sources may become available and identifiable through market surveys, trade shows, magazine articles, collaboration with other Federal agencies, or other means. The ability to predict this possibility is difficult.

Therefore, the barriers they impose to competition are impossible to avoid.