Justification and Approval for Other than Full and Open Comptetion - Security System ATC JA - APPROVED-redacted_Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.5 (April 2024)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(7)

Pursuant to the requirements of the Competition in Contract Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The U. S. Customs and Border Protection (CBP), Office of Facilities and Asset Management (OFAM), Mission Support Facilities (MSF). The contracting activity, CBP, Procurement Directorate, proposes to enter into a contract on a basis of other than full and open competition.

Protection (CBP) Office of Facilities and Asset Management (OFAM) Mission Support Facilities Division (MSF)

Contracting Office:

Jennifer Hunter Contract Specialist U.S. Customs and Border Protection (CBP) Administration and Facilities Contracting Division (AFCD)

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

CBP, intends to issue a firm-fixed price contract award on a sole-source basis to Savage Range Systems, Inc. for the repair, troubleshooting, testing, and restoration of the indoor firing range systems.

The anticipated acquisition will include, as applicable, inspection and repair of the indoor firing range ventilation/HVAC system, airflow troubleshooting and correction, adding two additional targets to the existing target retrieval/target presentation system, integration and configuration of associated range equipment, testing, and restoration of the range to a safe and fully operational condition.

This acquisition will have a period of performance of 120 days from time of award.

Based upon a current Internal Government Cost Estimate (IGCE), the estimated price for the award is $550,759.38 for repairs utilizing FY26 funds.

The Government intends to negotiate and award the requirement pursuant to FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Description of Supplies/Services.

The contractor shall provide all labor, supervision, tools, equipment, materials, engineering support, technical expertise, and incidental services necessary to troubleshoot, repair, test, and return the indoor firing range to operational status.

The requirement is anticipated to include:

1. Perform a comprehensive inspection and diagnostic assessment of the existing indoor firing range systems.

2. Troubleshoot the existing HVAC/range ventilation system and identify deficiencies affecting airflow and removal of airborne contaminants generated during live-fire operations.

3. Repair, modify, adjust, or replace components necessary to restore the range ventilation system to proper operating condition.

4. Install and program two additional targets to the current target system, as well as adding a running man target. New targets will be interrogated into the current target software and handheld device.

5. Perform operational testing and commissioning of the repaired systems.

6. Ensure all work is performed in accordance with applicable Federal, state, local, installation, safety, environmental, and range-specific requirements.

3. 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. § 3204(a)(1), as implemented by FAR 6.302-1, which permits contracting without providing for full and open competition when the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy the agency’s needs.

4. Identification of Exception to the Buy American Statute.

Not applicable.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Government is seeking to issue this award on a sole source basis to Savage Range Systems, Inc. because they’re uniquely qualified to perform the required repairs because they possess specific knowledge of the existing indoor firing range configuration and systems.

Savage Range Systems previously installed and configured the existing firing range target system at the facility. Consequently, Savage possesses detailed knowledge of the system’s original configuration, programming, component integration, control architecture, and operating parameters.

Additionally, Savage Range Systems previously identified the HVAC airflow issue affecting the indoor firing range. This prior diagnostic work provides Savage with knowledge of the existing ventilation deficiency, the conditions under which the deficiency was identified, and the relationship between the range ventilation system and the safe operation of the firing range.

The Government requires a contractor capable of addressing the range as an integrated system rather than treating the HVAC and target systems as unrelated components. Savage’s prior involvement provides it with historical and technical knowledge that would not be readily available to an unfamiliar contractor.

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

Sources as is Practicable.

The Contracting Officer conducted market research to determine whether other sources could reasonably satisfy the Government’s requirement.

Potential sources identified during market research included contractors capable of performing indoor firing range maintenance, HVAC/range ventilation work, and target system repairs.

However, the Government determined that the requirement is not simply a general HVAC repair or general range maintenance requirement. The contractor must be capable of troubleshooting and repairing the existing integrated firing range systems while maintaining compatibility with the existing target system and addressing the previously identified airflow deficiency.

Savage Range Systems’ prior installation and configuration of the existing target system, combined with its prior identification of the HVAC airflow problem, provides Savage with unique technical knowledge that other potential contractors do not possess.

Accordingly, competition at this time would require other contractors to independently investigate and develop knowledge of the existing system before performing the required corrective work. In accordance with FAR 6.302-1 (2)(ii), this requirement includes specialized equipment. Awarding to any other source would result in substantial duplication of cost and delays in fulfilling the requirement. This is due to Savage Ranges Systems’ prior knowledge and testing of the indoor firing range systems.

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

The Contracting Officer will negotiate a fair and reasonable price in accordance with applicable Federal Acquisition Regulation requirements.

The Government will utilize appropriate price analysis techniques, which may include comparison with historical prices, independent Government cost estimates, market research, labor and material cost analysis, technical evaluation of proposed labor hours, and other relevant pricing information.

Award will not be made until the Contracting Officer determines that the proposed price is fair and reasonable.

8. Description of Market Research.

Market research was conducted in accordance with FAR Part 10 to determine the availability of sources capable of meeting the Government’s requirement.

The research considered contractors with capabilities in indoor firing range systems, target systems, range ventilation, HVAC troubleshooting, and associated repair services.

Although other contractors may possess general capabilities in individual portions of the requirement, the Government has determined that Savage Range Systems possesses the unique combination of knowledge and experience associated with the existing target system and previously identified HVAC airflow deficiency necessary to satisfy the requirement without substantial duplication of effort.

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

The indoor firing range supports CBP’s Special Response Team training and readiness requirements. Continued unavailability of the range may adversely affect the Government’s ability to conduct required firearms and advanced tactics training and maintain operational readiness.

The ventilation deficiency is particularly significant because proper airflow and ventilation are necessary for safe operation of an indoor firing range and for controlling airborne contaminants generated during live-fire activities. Range control will not allow CBP to operate the indoor range until the repairs are completed.

Contracting Officer

Note: The Contracting Officer is the final approving official when the action does not exceed $900K and must also sign the justification when the contract is awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.

Procuring Activity Advocate for Competition

Note: The Procuring Activity Advocate for Competition (PAAC) is the final approving official when the action exceeds $900K but is less than or equal to $15M and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest, regardless of dollar amount.

Approval by the PAAC is not required if the J&A is reviewed and approved by an official designated by the Component who meets either of the criteria at FAR 6.304(a)(3)(i) or (ii). However, this exception does not apply to justifications citing FAR 6.302-7 and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 Unusual and Compelling Urgency as the authority.

Not applicable Head of Contracting Activity

Note: The HCA is the approving official when the action exceeds $20M but is less than or equal to $90M (less than or equal to $93M for USCG) and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest, regardless of dollar amount. The HCA is not required to approve the justification if the Component PAAC meets either of the criteria at FAR 6.304(a)(3)(i) or (ii). However, this exception does not apply to justifications citing FAR 6.302-7 and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 Unusual and Compelling Urgency as the authority.