P03 JOFOC No ATF-24-0061_Suppressor Shield_Signed_ Redacted.pdf

JOFOC No.: ATF-24-0061

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

JOFOC NUMBER: ATF-24-0061

PROCUREMENT REQUEST (PR) NUMBER: DJA-24-ASOD-PR-0619

CO: Catalin Parfenti, catalin.parfenti@atf.gov

DATE: September 3, 2024

This document serves as both the justification and approval for acquisitions conducted under the authorities for proposed procurements using other than full and open competition pursuant to the authority under 41 U.S. Code § 3304 – Use of Non-Competitive Procedures and Federal Acquisition Regulation (FAR) 6 – Competition Requirements.

1. Identification of the agency and contracting activity.

Requiring Agency:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Operations Division (SOD) 99 New York Avenue NE, 7East Washington, DC 20226

Contracting/Ordering Activity:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Management Acquisitions Management Division (AMD) 99 New York Avenue, NE Washington, DC 20226

2. The nature and/or description of the action being approved.

Acquisitions Management Division intends to award a sole source firm-fixed price contract to Modern Tactical Creations LLC for the procurement of 2,700 ModTac M-RAC Suppressor Shield (also called covers, SKU number 18B-007-MK4-55-N-EC.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

This action is for the purchase of 2,700 ModTac M-RAC Suppressor Shields for the Special Operations Division. These shields will be outfitted on all ATF rifles as part of a bureau-wide suppressor rollout. The requested number of Shields will provide the necessary familiarization training and operational uniformity throughout the bureau as we implement this tool as part of our Use of Force package.

In Fiscal Year 2023, ATF purchased 2700 suppressors. The procurement of a suppressor shield/cover is now necessary to begin the deployment of the suppressors to the SOD. A robust suppressor cover is necessary to mitigate the risk of thermal burns to the end user, and to mitigate mirage created by suppressors. Lastly, the use of suppressed M4 rifles will add another layer of hearing protection to ATF Agents.

The estimated cost for this purchase is $1,158,300.00 with a Required Delivery Date (RDD) no later than 365 days after purchase order award.

4. Identify statutory authority permitting limiting sources.

This acquisition is conducted under the authority of 41 U.S. Code § 3304 – Use of Non-Competitive Procedures and the exceptions listed under FAR 6.302 – Circumstances permitting other than full and open competition.

The Contracting Officer consider a firm-fixed price contract award to a Service Disabled Veteran Owned Small Business (SDVOSB) concern on a sole source basis in accordance with (IAW) FAR 6.302-5(b)(6)) and FAR 19.1406.

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

FAR 6.302-2 Unusual and compelling urgency.

FAR 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services.

FAR 6.302-4 International agreement.

FAR 6.302-5 Authorized or required by statute (see 6.302-5(b)(6)).

FAR 6.302-6 – National Security FAR 6.302-7 Public Interest

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

Modern Tactical Creations LLC is uniquely qualified to provide these Suppressor Shields as is the M- RAC suppressor shield manufacture and the only one commercially available suppressor cover that meets Agency needs. The M-RAC Suppressor Shield is a rigid filament-wound carbon fiber tube that surrounds the suppressor. It is mounted to a coupler that is affixed to the forend rail system of the rifle.

This design prevents the cover from becoming dislodged during firing, while also creating an air gap around the suppressor, resulting in significant reduction in the maximum outer temperature as well as suppressor cool down time.

The M-RAC Suppressor Shield is currently the only Shield designed to function reliably with the flow through venting technology of the current agency suppressors. The M-RAC Suppressor Shield is durable, which will ensure compliance of the use of the cover, thus mitigating the risk of thermal burns, and mirage, while enhancing the safety, well-being, and tactical capabilities of all Special Agents.

6. A description of efforts made to ensure offers/quotes were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies.

The required product - MODTAC M-RAC Suppressor Shield, is proprietary to the manufacturer and there are no authorized resellers. However, should Modern Tactical Creations LLC authorize resellers in the future, or the requirement changes, ATF would ensure proper competitive procedures are followed.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The Contracting Officer will determine the price to be fair and reasonable and in the best interest of the Government, based on the comparison of the offered priced with competitive published price lists or published market prices of commodities in accordance with FAR 15.404-1 (b)(iv). The Contracting Officer will make the best value determination on the offer conforming to the solicitation that most advantageous to the Government, price and other non-price factors considered.

8. A description of the market research conducted and the results or the reason market research was not conducted.

SOD conducted extensive testing with different types of suppressor shields; however, no other shield that meets the agency needs was identified. Any other suppressor shield does not fulfill the mission requirements for specialized features or functionality.

9. Any other facts supporting the use of other than full and open competition. Not applicable.

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

The only vendor offering this specific Suppressor Shield is listed below.

Modern Tactical Creations LLC 9275 Christopher Court Elizabeth, CO 80107

DUNS: 081068377, CAGE 8U2C6

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

ATF will make every effort to remove or overcome any barriers to competition before any subsequent acquisition for the products is performed. If future solicitations for products are required, SOD Program Office will continue to utilize www.sam.gov and General Services Administration (GSA) eBuy website to promote competition to the maximum extent practicable. The Program Office will continue to research the marketplace and communicate with other agencies, to determine if similar products can meet its needs in the future to remedy the restricted competition.

12. Certifications.

See next page.

JOFOC Approval Signatures on page 4 are on Contract File