LSJ - Breaching Tool Kits - Final Version.docx

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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), Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of the Office of Firearms and Tactical Programs (OFTP), proposes to delivery order pursuant to FAR 8.405-6(a), Limiting Sources.

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

(a) Type of action: Firm-fixed-price (FFP) delivery order

(b) Amount the current J&A is justifying: $368,340.00

(c) Brief Description: OAQ intends to procure, on a sole source basis, Special Response Team (SRT) Breaching Tool Kits from the following company:

Aardvark 1935 Puddingstone Dr La Verne, CA, 91750-5818

3. Description of Supplies/Services.

OFTP has a requirement for SRTs to breach multiple doors, to include steel security doors. To fulfill this requirement, 38 Kinetic Breaching Technology (KBT) Breaching Tool Kits (Part Number: KIT-ATIKBT3-1000) are needed on a sole source basis from Aardvark utilizing GSA Schedule GS-07F-141DA. Each kit includes: breaching tool, sling, 2 cylinders, ammo, and case.

Each Breaching Tool Kit must meet the following specifications:

· Can provide quick repetitive force blows in excess of 800 Ft Lbs.

· Compact enough to be utilized by one person in tight spaces.

· When using the Breaching Tool Kit, no projectile or external energy leaves the device that could cause injury from ricochet.

4. Authority and supporting rationale and a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Authority:

☐ 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:

ICE/OAQ intends to procure 38 Breaching Tool Kits through the Multiple Award Schedule Program under the authority of 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies pursuant to the authority selected above.

OFTP has a requirement for SRTs to breach multiple doors, to include steel security doors in excess of 800 Ft Lbs. The breaching of the doors must be executed by one person in small spaces. When breaching a door, no projectile or external energy can cause injury to the SRTs from ricochet. Market research showed that besides the KBT Breaching Tool Kit [KIT-ATIKBT3-1000], no other breaching tool kit can meet the agency’s needs. The Sources Sought Notice posted on the GSA eBuy resulted in only two responses and only one company that actually met the agency’s requirements, KBT.

The KBT Breaching Tool [KIT-ATIKBT3-1000] is a proprietary and highly specialized mechanical breaching tool that utilizes a proprietary .45 caliber handgun blank to deliver up to 850 ft/lb. of force through a hardened steel ram. No projectile or explosive energy leaves the device except for the force of the ram which is permanently captured in the device. The ramming surface is narrow enough to focus on a single hinge, yet powerful enough to breach steel security doors. The KBT has an 8-shot cylindrical magazine that allows for multiple shots and provides for rapid reload in a scenario when more than 8 shots are required (i.e. breaching numerous consecutive doors). At a total length of 36", it can also be used in very confined spaces while allowing the breacher cover to orient closer to the breacher as no backswing is required. The KBT’s weight and design allows for the tool to be operated by a single person. These unique features are essential to meeting the ICE mission.

KBT is the manufacturer of the KBT Breaching Tool Kit [KIT-ATIKBT3-1000]. Aardvark is the only company authorized by KBT to sell KBT Breaching Tool Kits to law enforcement agencies. Furthermore, KBT, through its authorized distributor Aardvark, is able to provide the breaching kit at the level of quality required because of the agency’s unique specifications.

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 has determined that issuing the Task Order to Aardvark for KBT Breaching Tool Kits represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. This order will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.”

General Services Administration (GSA) has already negotiated fair and reasonable pricing rates. Discounts to these GSA schedule rates will be requested.

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 26 May 2019, ICE/OAQ posted a Sources Sought Notice on GSA eBuy to determine what companies can provide Breaching Tool Kits that meet the Government’s required specifications. The notice closed on 01 June 2020. Two companies responded to the notice. The first company acknowledged that they could not provide a product that met the Government’s specifications. The second company, Aardvark, responded and provided information about the KBT Breaching Tool Kits. The product meets all of the Government’ specifications.

7. Any other facts supporting the limited-sources justification.

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.

When there is a future need for Breaching Tool Kits, ICE/OAQ will conduct market research to determine if other sources are available to provide Breaching Tool Kits that meet the Government’s required specifications. If other sources are available, a solicitation will be issued.

9. DHS intends to post this requirement on beta.SAM.gov pursuant to FAR 8.405-6(a)(2).

10. Technical/Requirements Personnel Certification.

Pursuant to FAR 8.405-6(c)(2)(x), 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.

11. Contracting Officer Certification and/or Approval

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and complete to the best of my knowledge and belief:

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