Limited Sources Jusitification 23 0095 Redacted Version.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES BRAND NAME JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

J&A-23-0095

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of the Office of Firearms and Tactical Programs (OFTP), proposes to award a Blanket Purchase Agreement (BPA) pursuant to FAR 8.405-6(a), Limiting Sources.

2. Nature and/or description of the item/service being procured and anticipated cost.

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

(b) Amount the current J&A (LSJ) is justifying: $14,500,000.00

(c) Brief Description: ICE/OAQ intends to limit the number of sources solicited pursuant to FAR Part 8.405-6(b) for the procurement of National Institute of Justice (NIJ) Level IIIA Certified Soft Body Armor Kits that meet the requirements outlined in OFTP’s Statement of Work (SOW).

The TYR Tactical brand soft body armor kits are manufactured by TYR Tactical, who is the only manufacturer currently capable of meeting OFTP’s requirement. TYR Tactical has only one authorized reseller to federal law enforcement agencies below:

Atlantic Diving Supply (ADS) 621 Lynnhaven Parkway, Suite 160

Virginia Beach, VA 23452-7448

3. A description of supplies/services required to meet the agency’s need, including the estimated total value (base and all options).

ICE/OAQ seeks to award a FFP BPA with a 12-month ordering period and Not-to-Exceed (NTE) amounts for each CLIN (specific body armor item being procured). It is OFTP’s intent to purchase approximately 6,500 TYR Tactical brand EPIC FED scalable soft body armor kits, 800 soft armor TYR Tactical brand Ancillary kits and 800 TYR Tactical brand Pico DSX6 plate carriers. The soft body armor must include integrated throat ballistic protection.

The BPA will have a ceiling amount in value of $14,500,000.00 and all funding will be applied at the BPA Call level. The single BPA holder will be ADS and there is no competition requirement at the BPA Call level until the ceiling is reached.

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES BRAND NAME JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

protection that would defeat the “skipping” issue. That body armor sample was provided by Atlantic Diving Supply (ADS) supplying TYR Tactical brand body armor. Section 7 of this LSJ goes into greater detail regarding the RFI samples received and results following OFTP’s evaluation process. The analysis will show that ADS is the only source capable of providing the body armor required at the level of quality required because the body armor required is unique.

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The Contracting Officer (CO) has determined that issuing the proposed 12-month Period of Performance BPA for TYR Tactical brand body armor against ADS’ GSA Schedule 47QSMA19D08Q1XYZ represents the best value that will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs for Level IIIA certified soft body armor with integrated throat protection. The General Services Administration (GSA) has already negotiated prices for body armor under their GSA Schedule to be fair and reasonable price.

The estimated pricing from ADS’ GSA Schedule is as follows: $2,035.88 for each TYR Tactical Epic FED Body Armor Kit, $1,212.96 for each TYR Tactical Ballistic Accessory Kit and $452.94 for each PICO DSX6 FED Assaulters Plate Carrier.

Based on the cost, as reasonably determined by the GSA schedule, the administrative costs, and the special features of the Tactical Epic FED Body Armor, Ballistic Accessory kits and PICO DSX6 FED Assaulters Plate Carriers, this order represents the best value and results in the lowest cost alternative to meet ICE/OFTP’s needs. As permitted by FAR 8.405-4, discounts from ADS’ GSA schedule prices will be requested by the CO.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

On 4/6/2023, the CO released a RFI (Entitled ICE2022BARFI) to www.SAM.GOV to determine if any small businesses under the NAICS code could provide NIJ Level III certified body armor required in OFTP’s SOW that also met the “skipping” hazard projectiles concerns. Following the RFI due date, the ICE CO received samples from four (4) vendors that were evaluated by OFTP at the Fort Benning, GA facility. Samples were submitted and received from the following: ADS, SRT Supply, Point Blank and Safe Pro.

Of the four samples submitted, ADS submitted a body armor kit manufactured by TYR Tactical that did address the skipping hazard with a one-piece ballistic throat protection piece integrated into the kit. The sample included body armor had the required enhanced ballistic resistance features along with all required items in the tactical Outer Garment Carrier Kit and Ballistic Panels. This sample met all OFTP’s needs IAW the SOW.

Below is the evaluation of the samples received during the RFI process: