Sole Source Justification - Redacted.pdf

U.S. Customs and Border Protection Sole Source Justification

For contracts or orders above the Simplified Acquisition Threshold (SAT) Simplified Procedures for Commercial Items Procurements Exceeding the Simplified Acquisition Threshold

(SAT) pursuant to FAR Subpart 13.5

Version 3.0 November 2020

Date: July 28, 2023

Pursuant to the requirements under the authority of the simplified acquisition procedures for commercial items at 41 U.S.C. § 1901, or the special emergency authority at 41 U.S.C. § 1903, as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2, U.S. Customs and Border Protection (CBP) intends to conduct a sole source acquisition for the reasons specified herein.

1. Agency and Contracting Activity.

Contracting Office:

Enterprise Services Office of Acquisition Border Enforcement Contracting Division – Pacific Branch

Requiring Office:

U.S. Customs and Border Protection Offic of Field Operations Los Angeles Field Office (LAFO) 301 E. Ocean Blvd Long Beach, CA 90802

This is a sole source justification.

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

The LAFO is requesting approval to acquire firing range services on a sole source basis from the following vendor:

Rio Hondo Community College 3600 Workman Mill Rd.

Whittier, CA 90601

3. Description of Supplies/Services.

The requirement is to provide range facility services that will be used for firearms and defense tactics qualifications, to include taser training and certification, defensive tactics, baton training, and OC Spray training. The contractor shall provide use of its firing range and instructional facilities (two classrooms and a mat room) along with adequate parking for up to 61 vehicles, storage space for three storage containers, and adequate space for a portable training facility for simunition training.

For contracts or orders above the Simplified Acquisition Threshold (SAT) Simplified Procedures for Commercial Items Procurements Exceeding the Simplified Acquisition Threshold

Estimated cost:

Period Unit Price Total 12 months

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

This action is being taken under the authority of 41 U.SC. 3304(a)(1) – when the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency.

This justification uses the format of FAR 6.303-2, modified to reflect that the procedures in FAR 13.5 are being used in accordance with 41 U.S.C. 1901. This sole source action is justified under FAR 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

The LAFO requirement for a firing range, classrooms, and a mat room can only be fulfilled by Rio Hondo Community College (RHCC) due to the number of Officers (1,500) required to qualify quarterly with their weapon. RHCC is the only facility that can accommodate the number of officers and provide the required classrooms, mat rooms, and parking on-site.

Although there are several private ranges and law enforcement ranges in the area, they fail to meet one or more of the previously listed requirements. Due to memberships at private ranges, members would take precedence over CBP Officers when utilization of the range would be required and at law enforcement ranges CBP would lose range time if the hosting agency required the range or classroom.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable

A synopsis will be posted to the System for Award Manaagement (SAM) in accordance with FAR 5.2. The synopsis will include a statement that all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency. The synopsis will provide information on how to obtain the solicitation.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer anticipates the price being fair and reasonable based on market research information that has been reviewed.

For contracts or orders above the Simplified Acquisition Threshold (SAT) Simplified Procedures for Commercial Items Procurements Exceeding the Simplified Acquisition Threshold

8. Description of Market Research.

A Sources Sought Notice was posted on www.sam.gov from April 24, 2023 through May 15, 2023. Only two responses were received. The incumbent contractor, Rio Hondo Community College, responded to affirm their interest and to provide feedback regarding the SOW. The other respondent, , is located in and therefore unable to meet the 30-mile distance requirement.

In addition, the LAFO researched local private and law enforcement ranges in the area.

Some ranges were able to support the number of required firing lanes, but may not have been able to support requirements for classrooms, a mat room, and/or required days/times for training. After contacting local ranges, it was determined that no one range could meet all of LAFO’s requirements.

The internet was searched for local ranges that could provide a facility that could meet CBP’s requirements. The market researched showed that RHCC was the only range/facility that could meet all LAFO’s requirements.

The following two ranges in particualar were researched, but it was determined that neither meets all of the requirements:

would be able to provide two ranges (12 lanes each) and a 30-person classroom. No mat room is available at this location. The rate for this site was per hour for agency personnel. The range would be available to CBP from 0600-1200 as long it isn’t reserved by any other agency. Needing 6 hours per day, the average cost per day would be about per visit. With the need of 180 days per year, the annual cost would approximately be . This price would not include a mat room, weapons cleaning area, storage container area, simmunition site, or parking, all requirements. This site also does not meet the required daily schedule stated in the SOW. CBP would have to adjust their operation and officer scheduling drastically to accommodate the 0600-1200 window.

Furthermore, CBP would have to schedule around current contracted agencies using the same facility, which may conflict with daily operations. (Note: CBP requires each officer to be on the range approximately 4 hours per visit. With the 0600-1200 timeframe, this could result in not having the range for at least 8 hours per day to run two separate 4-hour groups).

has a total of 14 firing lanes at a rate per hour per officer.

This location would not be able to provide classrooms, a mat room, required parking, the required number of lanes, or the required range hours stated in the SOW. In addition, this location gives priority to private members that have membership, which could bump CBP off ranges without notice. The approximate annual cost would be . This was calcuated by taking 1,500 officers multipled by 4 visits per year multipled by 4 hours per visit. To conclude, pricing would be extremely costly to the government and the site does not meet LAFO’s requirements as stated in the SOW.

For contracts or orders above the Simplified Acquisition Threshold (SAT) Simplified Procedures for Commercial Items Procurements Exceeding the Simplified Acquisition Threshold

► SSJ CERTIFICATIONS

13. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office:

Name: (Print):

Title:

Signature: _______________________________ Date: _____________

14. CONTRACTING OFFICER CERTIFICATION/APPROVAL

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Name (Print):

Contracting Officer

Signature: ________________________________ Date: _____________