LSJ Bearcat Final Version Post.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-20-0278

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 U.S. 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 an order 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) Delivery Order (DO)

(b) Amount the current J&A is justifying: $316,091.48

(c) Brief Description: OAQ intends to procure, on a sole source basis, one (1) Lenco

BearCat armored vehicle from the following company:

Lenco Industries, Inc.

(DBA Lenco Armored Vehicles)

10 Betnr Industrial Drive Pittsfield, MA 01201

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

This requirement is for one (1) Lenco BearCat armored vehicle, manufacturer part #BC55003, which is a wheeled armored personnel carrier specifically designed for law enforcement use. This product is sold on GSA from only one vendor, Lenco, utilizing their GSA contract # GS-07F-169DA. OFTP plans to use this armored vehicle at their Fort Benning, GA location.

The resultant award will be a firm fixed price (FFP) Delivery Order (DO) with a period of performance of 12 months from date of award.

4. Authority and supporting rationale.

Authority:

Select only one of the following circumstances justifying limiting sources pursuant to FAR 8.405-6(a)(1)(i) below and demonstrate the proposed contractor’s unique qualifications to provide the required supply or service.

http://uscode.house.gov/

☐ 8.405-6(a)(1)(i)(A) An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays.

☒ 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

☐ 8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

Rationale:

Below are the unique capabilities or qualifications of the Lenco Bearcat armored vehicle that meet the Government’s requirements and form the basis for this justification:

1. Highly specialized characteristic- The Bearcat is built on a commercially available standard F-550 chassis that has a condensed wheelbase between l26"-131."

• Rationale- OFTP requires an armored vehicle on a commercial chassis for sustained maintenance aspects including obtaining commercial replacement parts. MRAP (Mine-Resistant Ambush Protected) and other armored vehicles are designed for military use only; therefore, they require “Non-Commercial” parts which is not practical for OFTP.

2. Highly specialized characteristic- The Bearcat provides slope performance of 36.4-36.8 degrees.

• Rationale- MRAPS and military armored vehicles historically are excessively top heavy and easily overturned when operated on different slopes. OFTP requires that the armored vehicle operate on this specific slope degree because it will be used in unknown and unpredictable environments.

3. Highly specialized characteristic – The Bearcat has vertical panels with “½" MILSPEC 46100 that is .50 caliber multi hit rated.

• Rationale- OFTP requires a vehicle that offers multiple hit ballistic protection for high powered rifles/ammunition which have become increasingly available on the commercial market.

While there are other companies offering various types of armored vehicles under Federal Supply Schedules in the commercial marketplace, Lenco is the only source capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

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

The CO has determined that issuing a Delivery Order (DO) to Lenco Industries, Inc.

represents the best value that meets the Government’s needs as stated in Section 3 above.

This DO will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.”

This process is streamlined and the General Services Administration (GSA) has already negotiated fair and reasonable pricing rates. Discounts to these GSA pricing were requested by the CO and Lenco Industries, Inc. agreed to discount their GSA pricing by $1,003.52 from their final quote. Furthermore, Lenco Industries, Inc. included two items that were previously offered as “optional” items on their commercial pricing list to “standard” at no additional cost to the Government. These items include the: (1) Heavy Duty LED Headlights, and (2) Seatbelts on the Rear Bench Seats.

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.

The Contracting Officer (CO) found several other companies offering various types of armored vehicles under Federal Supply Schedules in the commercial marketplace: Scaletta Armoring (GS-07F-0418X), The Armored Group (GS-30F-0020W) and Tomahawk Enterprises (GS-07F-248BA). However, after reviewing their characteristics, none of them were able to meet OFTP’s requirement. None of these three vehicles offered the unique characteristics outlined in Section 4 above.

7. Any other facts supporting the limited-sources justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

Not applicable.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited sources) before any subsequent acquisition for the supplies or services is made.

ICE is looking at awarding a multiple award BPA or IDIQ vehicle in FY21 to fulfill future requirements for the BearCat armored vehicles.

9. ICE intends to post this Justification and Approval document on Beta.Sam.Gov within

14 days after placing an order pursuant to FAR 8.405-6(a)(2).

10. Technical/Requirements Personnel Certification.

Pursuant to FAR 8.405-6(a)(1)(i)(B), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

Michael S. Lavergne Date Ballistic Material and Special Response Team DHS/ICE Office of Firearms and Tactical Programs

11. Contracting Officer Approval

Pursuant to FAR 8.405-6(a)(1)(i)(B), I certify that the Limited-Sources Justification is accurate and complete to the best of my knowledge and belief:

Tony Ross Contracting Officer Office of Acquisition Management (OAQ)

Date