Knights FAR 13.5_SSJ Brand Name FINAL VERSION.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-21-0023

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501

(Brand Name) and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement

(ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of the Office of Firearms and Tactical Programs (OFTP) on a basis of other than full and open competition (Brand Name).

2. Nature and/or description of the action being approved.

(a) Type of action: Firm-Fixed Price (FFP) Blanket Purchase Agreement (BPA)

(b) Amount the current J&A is justifying: $2,500,000.00

(c) Brief Description: Pursuant to the authority listed in FAR 13.501, OAQ intends to establish a BPA contracting vehicle that procures replacement weapon system parts from the Original Equipment Manufacturer (OEM) in support of the ICE Special Response

Teams (SRT). This action will be competed and allow the opportunity for multiple awardees to provide the required brand name parts to the Government. The OEM listed below is the only company that can provide the required brand name equipment that is compatible with the current weapons platforms for OFTP:

Knight’s Armament Company (KAC)

701 Columbia Blvd.

Titusville, FL 32780

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

The BPA will have a five-year period of performance (ordering period) and an estimated total ceiling of $2,500,000.00.

IAW FAR 12.103, the brand name weapons system parts required from KAC meet the definition of “commercially available off-the-shelf (COTS)” items. Below is the comprehensive list of weapons/equipment included in the weapons system currently in use by the SRT Teams:

• M110/MK11 and SR-25 family of precision rifles;

• SR15/ SR16 and SR30 family of rifles;

• QDC/PRT and NT4 QDC suppressors; and,

• PVS 30 and other associated night vision equipment.

http://uscode.house.gov/

4. Identification of the authority.

This action is being prepared under the authority of Simplified Procedures for Commercial

Items, 41 U.S.C. 1901 as implemented by FAR 13.501(a)(ii)- Brand Name.

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

Due to the highly specialized law enforcement purpose, no other parts other than from the

OEM, (KAC), will satisfy ICE/OFTP’s needs due to the following:

1. The KAC weapons system is the current platform that ICE uses, which has already gone thru rigorous testing and met the required performance metrics. KAC OEM replacement parts are needed to service these precision rifles and which are only available by purchasing thru the KAC brand. These required brand name parts are unique and exclusively sold to fit the existing ICE weapons systems. No other brand parts, other than KAC, can or will meet the technical capabilities of ICE’s weapons system.

2. The KAC weapons systems are currently under warranty and require KAC OEM parts to maintain the validity of the warranty. “Substitution” and “after-market” parts would not only invalidate the warranty of the KAC systems but cause a decreased level of performance that could possibly result in catastrophic failure of the firearm. Additionally, using non-KAC OEM parts, if available, with the existing weapons could cause a firearm safety issue and possible damage the weapon to a point where it must be replaced

(avoidable duplication costs).

In summary, ICE is in need of essential brand name replacement parts to its KAC weapons systems, which are still under warranty and KAC is the only manufacturer of weapons systems replacement parts that will meet OFTP’s needs, without invalidating the warranty and placing end user ICE agents at risk.

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

☐ OAQ has made___

☒ In accordance with (IAW) FAR 5.102(a)(6), OAQ intends to post the brand name justification with the solicitation.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The CO has determined the anticipated prices will be fair and reasonable based on the following:

1. Historical prices paid by ICE under BPA HSCEMS-14-A-00002 which provided similar weapons systems parts to OFTP from KAC (OEM);

http://uscode.house.gov/

2. A review by the CO of the current commercial pricing lists for KAC parts as compared to the prices previously paid by ICE; and,

3. A comparison of KAC commercial pricing lists and Federal Supply Schedule price lists to the IGCE.

8. Description of Market Research.

IAW FAR Part 10, HSAM 3010, and the DHS Market Research Guide, market research was conducted for this requirement by OFTP and OAQ. The program office reviewed open market and Federal Supply Schedule vendors that offered KAC OEM parts and accessories.

Following the research, the CO was able to confirm that several small business authorized resellers exist in the open market. The ICE CO contacted two of the authorized re-sellers of

KAC parts and learned of their interest in submitting a proposal along with the OEM.

In FY14, ICE previously awarded a BPA HSCEMS-14-A-00002 with the OEM manufacturer but now seeks to award a multiple award BPA to at least two (2) authorized KAC resellers, to possible include the OEM as an awardee, that offer the best value to the Government.

9. Any other facts supporting the justification.

Not applicable.

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

The CO received written interest from KAC, who was the awardee from the previous BPA

(HSCEMS-14-A-00002) providing KAC OEM weapons system parts for OFTP, and two (2) authorized resellers, Quantico Tactical (QT) and Atlantic Diving Supply (ADS).

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.

As discussed above, ICE currently utilizes KAC weapons systems so any future replacement parts and accessories will need to be manufactured by KAC and procured from KAC or authorized KAC resellers. The CO has found several authorized resellers capable of providing KAC manufactured parts. ICE plans to award a multiple award BPA and each

BPA Call will be competed amongst the BPA holders.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name FAR 13.501(a)(1)(iv) and 5.102(a)(6).

IAW the FAR requirements, the ICE CO intends to post the solicitation and the Brand Name

Justification to Beta.SAM.Gov to maximize competition among authorized re-sellers. Based on the above rationale, the CO has a great deal of confidence at least two (2) resellers and the

OEM will submit a proposal for evaluation.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Tony Ross

ICE Contracting Officer (OAQ)

14. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Robert McCloskey

Law Enforcement Program Manager (OFTP)

15. Approval.

William (Bill) Fuller

Procuring Activity Advocate for Competition (OAQ)

Over $700,000 but not exceeding $13.5 million