SAM Marking Round Justification.docx

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN COMPETITION GUIDE AND TEMPLATE

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (a) (1)

Requisition Number: DJF-24-1200-PR-0000006

Date: 4/30/2023

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisition Programs Unit (NAPU), has prepared this justification for other than full and open competition for Force on Force or Ultimate Training Munitions (UTM) non-lethal training ammunition.

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

It is the intent of the NAPU, Finance Division, to acquire a firm fixed price contract for Force on Force or UTM ammunition/ training rounds.

3. A description of the supplies or services required to meet the agency’s needs.

The requirement is to provide Force on Force or UTM non-lethal training ammunition. This will allow Special Agents in the field and New Agent Trainees to conduct scenario-based training.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304 (a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Force on Force and UTM has been the exclusive non-lethal training ammunition in use by the FBI for scenario-based training of its Special Agents in the field and New Agent Trainees in the Academy for several years. Additionally, the non-lethal training ammunition pistols used, are chambered for the dimensions of the Force-on-Force/ UTM projectile. The rifles use the Force-on-Force bolt.

In April 2020, the Ballistic Research Facility was requested by the Tactical Training Unit to evaluate the performance of the Force-on-Force and UTM non-lethal projectile against the authorized protective equipment in use by the FBI, as well as, against the New Agent Trainee assigned uniform. The protective equipment included the FX9002 helmet, the FX9003 helmet, and the FX9000 throat collar. The New Agent Trainee uniform items included the issued t-shirt, sweatshirt, 5.11 cargo pant, and Mechanix glove.

The testing concluded the Force-on-Force/ UTM projectile was not only compatible with the FBI training weapons, but also would not penetrate the approved protective equipment when properly worn not penetrate the issued uniform items.

The Force-on-Force/ UTM non-lethal training ammunition is the only training projectile BRF has evaluated for scenario-based training and can be recommended for such use.

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

A Request For Quote (RFQ) will be placed on SAM.gov to allow the maximum competition possible. No Request For Information (RFI) was posted but market research shows there are small business resellers allowed to sell to the federal government.

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.

In accordance with FAR 13.106(a)(1), price reasonableness on competitive quotations or offers.

8. A description of the market research conducted and the results.

The FBI has spoken with manufacturers and experts in the industry and within the FBI. The Force on Force and UTM rounds are the only rounds that have been approved for scenario-based training.

9. Any other facts supporting the use of other than full and open competition.

N/A

10. A listing of any sources that expressed a written interest in the acquisition.

Since the procurement was not advertised, no other companies have expressed an interest either orally or in writing.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

Future competition will only be pursued if another company develops a similar round that meets the requirements and is tested by BRF.

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