SSJ_Redacted for External Posting.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-20-0186

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 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, Office of Acquisition Management, proposes to enter into a contract on behalf of Enforcement and

Removal Operations on a basis of other than full and open competition.

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

(a) Type of action: Firm-fixed price contract

(b) Amount the current J&A is justifying: $297,180.00

(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 vendor listed below is the only company that can provide the required services.

Cottage Grove City of Inc.

12800 Ravine Parkway

Cottage Grove, MN 55016-6103

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 firearm training services at an estimated total cost of

$297,180.00. These services are required to meet ICE’s new use of force policy which requires officers to train in specialized training spaces including multi-media enabled large class rooms, mat rooms, less-than-lethal integrated scenario based training (ISBT) environments, room clearing/entry tactics buildings/set-ups (a movable wall system that allows for the setup of multiple room types), as well as access to at least 10 firing lanes, with each lane being at least 50 yards in length.

Period Time Price Total

Base 12 mos. $55,800.00 $55,800.00

Option Year 1 12 mos. $57,510.00 $57,510.00

Option Year 2 12 mos. $59,400.00 $59,400.00

Option Year 3 12 mos. $61,290.00 $61,290.00

Option Year 4 12 mos. $63,180.00 $63,180.00

$297,180.00 http://uscode.house.gov/

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 FAR 13.501.

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

ICE/OAQ intends to procure the use of a secure law enforcement training facility where ERO

Law Enforcement Officers can qualify with firearms and conduct indoor Advanced Firearms

Training Exercises (AFTE). Pursuant to 41 U.S.C. 1901 as implemented by FAR 13.501(a) and 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

ICE’s new use of force policy requires officers to train in specialized training spaces including multi-media enabled large class rooms, mat rooms, less-than-lethal integrated scenario based training (ISBT) environments, room clearing/entry tactics buildings/set-ups (a movable wall system that allows for the setup of multiple room types), as well as access to at least 10 firing lanes, with each lane being at least 50 yards in length.

The HERO Center is the only range within a 20-mile radius of the St. Paul Field Office located at 1 Federal Drive, Suite 1640, MN 55111 that can accommodate the number of on-demand shooting points, support all required firearms, is willing to relinquish cease fire determinations to ICE, and can satisfy the requirements to conduct indoor Advanced

Firearms Training Exercises (AFTE) mandated by policy.

Furthermore, the Office of Homeland Security Investigations recently procured the same services (contract awarded May 11, 2020). While the requirement was competed, only one offer was received from Cottage Grove City. This further leads the agency to believe there are no other facilities in the area capable of meeting the requirements.

Without the use of this range ICE ERO Law Enforcement Officers in St. Paul, MN would be unable to complete training exercises in accordance with the mandated use of force policy.

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

http://uscode.house.gov/

A Notice of Intent to Sole Source was posted to FedBizOpps. Offerors were informed that interested parties who believe they can satisfy the requirements must identify their capability in writing before the response date of the notice.

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

The Contracting Officer determines that the anticipated price will be fair and reasonable based on comparison with the published commercial pricelist as well as comparison with prices paid under a contract awarded in May 11, 2020 for the same services.

8. Description of market research.

The Program Office conducted market research by searching for firearm facilities in the St.

Paul, MN area. While the search revealed multiple facilities in the area, only the facility at

Cottage Grove City meets the specialized requirements outlined in the ICE Use of Force policy.

The Contracting Officer conducted market research by reviewing the acquisition history.

There was one recently awarded contract for the same services in St. Paul, MN. While the requirement was competed, only one offer was received, leading the Contracting Officer to believe there is only one capable facility in the area.

9. Any other facts supporting the justification.

Not applicable.

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

A Notice of Intent was issued on FedBizOpps on 7/9/2020 requesting that parties express their interest in writing to the Contracting Officer. No other sources expressed written interest in this acquisition.

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.

The program office will continue to monitor the area for new or expanded firearm facilities capable of meeting the Use of Force policy training requirements.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a).

13. Contracting Officer’s Certification.

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

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.

Contracting Officer Date

14. 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.

Technical Representative/COR Date