SSJ_Certain Commercial Items (Colt).pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-23-00329

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management proposes to enter into a contract on the behalf of the Office of Firearm and Tactical Program (OFTP), on a basis other than full and open competition (Brand Name specific).

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

(a) Type of action: Firm-Fixed-Price (FFP) Blank Purchase Agreement (BPA)

(b) Amount of the current J&A is justifying: $3,500,000.00

(c) Brief Description: OAQ intends to procure, on a sole source basis, firearm training services using simplified acquisition procedures. This action is being taken pursuant to the authority of FAR 13.501. The manufacturer below is the only one that can provide the COLT OEM parts to support ICE OFTP:

COLT Manufacturing Company LLC 547 New Park Avenue

West Hartford, CT 06110-1336

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

This requirement is to provide COLT OEM replacement parts and accessories to service existing firearms in ICE’s inventory to include Federal Protective Service (FPS) and other DHS law enforcement agencies. This BPA will utilize Firm-Fixed-Price (FFP) CLINS and include a 5-year Ordering Period with an estimated total value of $3.5M.

Period Time Total Value Ordering Period 5 years $3,500,000.00

4. Identification of the authority.

This action is being taken under the authority of simplified procedures for commercial items, 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501(a)-to include Brand Name.

http://uscode.house.gov/ http://uscode.house.gov/

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Brand Name Explanation: Due to the highly specialized type of weapon, only OEM COLT parts will satisfy ICE/OFTP’s needs based on the following rationale:

a. ICE currently fields the Colt weapon system and compatibility of parts to the current system is imperative. The unique design and tolerances of the existing rifles in ICE’s inventory requires that only COLT manufacturers parts be used. It is important that these precision weapons systems perform consistently, and the overhauling and replacement of parts is efficient.

b. Colt OEM replacement parts are needed to service these precision rifles, which are only available by purchasing thru the Colt brand name. These required brand name parts are unique and exclusively sold to fit the existing ICE weapons systems. No other brand parts, other than Colt, can or will meet the technical capabilities of ICE’s COLT weapons system.

c. “Substitution” and “after-market” parts could cause a decreased level of performance that could possibly result in catastrophic failure of the firearm.

Additionally, using non-Colt OEM parts, if available, with the existing weapons could cause a firearm safety issue and possible damage the weapon to a point where it must be replaced (avoidable duplication costs).

In summary, it is in the best interest of the Government to procure all COLT OEM parts from the manufacturer listed above in Section 2 to ensure warranties are maintained, no delays in fulfilling agency needs for the existing rifles and OFTP receives the highest quality OEM replacement parts for their agents in the field.

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

OAQ intends to publicize this requirement, prior to award, as required by FAR subpart 5.102(a)(6) by posting an intent to award a brand name requirement notice on www.SAM.GOV for the required 30 days.

Each requirement for OEM COLT parts will be competed among the three (3) authorized re-sellers for the entire ordering period of the BPA vehicle.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The CO anticipates the pricing will be fair and reasonable based on a competition among the authorized COLT resellers.

http://www.sam.gov/

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

8. Description of market research.

Market Research was conducted in accordance with FAR Part 10, HSAM 3010, and the DHS Market Research Guide. This market research took place between 06/28/23 and 08/01/23.

As stated in Section 6 above, the ICE CO identified three (3) authorized resellers of COLT OEM parts. The resellers are small businesses under the NAICS code so the agency will receive small business credit for each BPA Call award for the life of the BPA.

The CO verified that COLT currently has signed agreements with the following three (3) small business partners that allows them to submit bids on behalf of COLT specifically for Small Business set-aside opportunities (Colt would remain the OEM manufacturer for all parts):

Reseller #1- Airborne Outfitters (SDVOSB) 1850 Industrial Drive Findlay, OH 45840

Reseller #2- Cap 360 LLC (WOSB)

1850 Industrial Drive Findlay, Ohio 45840

Reseller #3- Company K (WOSB, SDVOSB, American Indian Owned SB) 6931 Kingdon Avenue

Holt, MI 48842

9. Any other facts supporting the justification.

OFTP and ICE law enforcement personnel have conducted testing comparing the performance of Colt rifles to other precision rifles available. Through this testing, ICE has determined that the Colt’s weapon system and replacement parts give the required performance and consistency for long range precision.

Failure to approve this justification would result in substantial duplication of cost (replacement of similar or like items and liability concerns) to the Government that is not expected to be recovered through competition and award. Also, award to other law enforcement distributors not authorized by Colt would result in unacceptable delays in fulfilling the agency's requirements. Furthermore, Colt is the only manufacturer of Colt weapons parts.

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

No other sources have expressed interest in writing for this requirement.

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

Currently COLT firearms are in use by ICE and they are the only manufacturer. All requirements will be competed among the COLT authorized resellers. If/When ICE changes the firearms in their arsenal, the current barriers to competition will be removed.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iv) and 5.102(a)(6).

Following the BPA award, the ICE CO will post the approved/signed J&A pursuant to FAR

6.305 on www.SAM.gov with the solicitation.

13. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Jeremy R. Boyce Technical Representative/COR

14. Contracting Officer’s Certification.

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.

Tony Ross ICE Contracting Officer

15. Approval.

H. Elease Sanders Competition Advocate http://www.sam.gov/