TAB 1.9.1 - 20125009 - OFO San Francisco Firing Range - Sole Source JA - REDACTED.pdf

SOLE SOURCE JUSTIFICATION AND APPROVAL

UNDER FAR SUBPART 13.5 PROCEDURES IN ACCORDANCE WITH 41 U.S.C. 1901

(For the acquisition of supplies/services greater than the SAT but not exceeding $7.5 million)

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U. S. Customs and Border Protection (CBP), Area Port of San Francisco requires an appropriate commercial firearms facility for weapons qualification and training. The port does not currently have a government owned firearms facility and must utilize private contractor firearms facilities in order to comply with the firearms training requirement set forth in the CBP Use of Force (UOF) Policy Handbook.

Contracting Office: CBP, Office of Acquisition, Procurement Directorate, Border Enforcement Contracting Division, Pacific Branch.

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

The requirement is to secure a commercial firing range facility that will effectively support the CBP firearms training and less lethal device recertification program. The anticipated amount of the requirement is . The proposed contractor’s information is as follows:

HALO Group Inc.

7700 Edgewater Dr, #736

Oakland, CA 94621

POC:

Email:

Phone:

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

All Customs and Border Protection (CBP) Officers in the Area Port of San Francisco authorized and issued appropriate Credentials and permitted to carry firearms must maintain at least the minimum level of marksmanship and re-qualify twice a year. In addition, it is mandatory that all CBP officers authorized and permitted to carry firearms participate in the Use of Force Training as established by the Firearms and Tactical Training Division including the use of less lethal devices. Use of Force (UOF) Training will be conducted by the UOF staff every quarter. CBP, Area Port of San Francisco has a need to acquire a commercial firearms facility with the following requirements for the weapons qualification and training:

a. Ability to accommodate both day and night target practice for pistol and shotgun for 12 officers at a time, a 50-yard qualification course and usage of an office classroom and 12 firing lanes for Use of Force (UOF) training.

b. Provide safe environment including a backstop made from materials that prevents bullets from ricocheting and a range flag to alert people that the range is in use, a storage area for housing of UOF equipment and weapon cleaning area, toilets, and wash station(s) for CBP Officers to use.

c. Must be large enough to accommodate 600 CBP officers on a quarterly basis and is located within a 50 mile radius from the CBP Officers’ location at San Francisco International Airport.

d. Allow the CBP Firearm trainer to conduct training full time, four to five days a week but not to exceed 19 days a month, year-round.

The total estimated value of a 5-year requirement is to include a base-year and four potential option-year periods as follows:

Period Total Base Period 12 mos.

Option Period 1 12 mos.

Option Period 2 12 mos.

Option Period 3 12 mos.

Option Period 4 12 mos.

Exercising of option years is dependent on the needs and requirements of the Government.

4. Identification of Statutory Authority Permitting Sole Source Acquisition.

The statutory authority permitting this sole source acquisition is 41 U.S.C. 1901 (Simplified

Acquisition Procedures). The procedures in FAR subpart 13.5 are being used in accordance with FAR 13.501(a)(1)(ii). There is only one source reasonably available for all of the requirements as outlined below in Section 5.

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

HALO Group Inc.’s facility is the only facility that can meet all of CBP’s combined minimum requirements including:

Firing ranges that can accommodate both day and night target practice for pistol and shotgun/rifle for 20 officers at a time.

An area where weapons can be cleaned.

A safe environment including a backstop made from materials the prevent bullets from ricocheting.

A range master that monitors camera feeds to ensure non-CBP personnel does not present in CBP’s reserved area (includes classroom, physical training room, shoot house/live fire area) during the training session.

Located within 50 miles of the Custom and Border Office at the San Francisco International Airport

(For the acquisition of supplies/services greater than the SAT but not exceeding $7.5 million)

See Section 8 below for full details of why each alternative vendor discovered during market research was unable to meet all of CBP’s combined requirements.

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

The action will be posted to the Government Point of Entry for review by Industry. All potential providers will be invited to provide a solution that may meet future needs for this requirement.

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

The Contracting Officer has determined that the anticipated price will be fair and reasonable based on existing and historical pricing for current standalone solutions.

8. Description of Market Research. Market Research is required by FAR Part 10. Describe the results of your market research.

Extensive research of commercial firearm ranges was conducted by in the San Francisco Bay Area by telephone or on the internet. The below ranges were located within 50 miles of the Custom and Border Office at the San Francisco International Airport, but they were not suited to our needs.

Check if part of research

Sources Used in Market Research Details of Research/Comments x San Leandro Rifle & Pistol Range

Research Method: Telephone. Address:3001 Davis Street, San Leandro, CA 94577. Tel: 510-638- 9605. Email: Info@sirfle.com. Only 4 pistol and 3 rifle lanes. Range cannot accommodate large groups. Two (2) hour time limit. $25 admission fee for 2 hours per person.

X Richmond Rod & Gun Club

Research Method: Internet. Address: 3155 Goodrick Avenue, Richmond, CA 94801. Tel: 510- 965-9267 Ext 2 (Rifle Range). Open Wednesday, Friday thru Sunday (0900 to 1100 Members Only;

1100 to 1600 Daily Member/Public. Rate: $5/hour for Members and $20 for two hours minimum. Two

(2) hour time limit.

X Reed’s Indoor Range

Research Method: Telephone. Address: 1100 Duane Ave, Santa Clara, CA 95054. Tel: 408-970- 9870. 20 pistol, rifle & shotgun lanes. Range can only accommodate 10 lanes. 0600 -1000 operating time before open to the public. Three (3) to Four

(4) hour time limit. Rate: $20/hour for 1 shooter and $16/hour each additional shooter. Locker Rental: $40/month, or $450 per year.

X Martinez Gun Club

Research Method: Internet. Address: 900 Waterbird Way, Martinez, CA 94553. Tel: 925-372-9599.

Open only Friday thru Sunday, Close Monday thru Thursday. No handguns or rifles range, just shotgun range only. Two (2) hour time limit.

Halo Group Inc is the existing firing range facility provider for CBP Officers in the Area Port of San Francisco. Halo has a firing range that can accommodate both day and night target practice for pistol and shotgun. They can support a maximum of 12 firing lanes with a total of 20 personnel including staff and supervision on a range to use at any one time. They provide a storage area for equipment, an area where weapons can be cleaned and toilets and wash stations for the officer to use. Their range has a safe environment including a backstop made from materials to prevents bullets from ricocheting and a range flag to alert people that the range is in use. Their range does not open to the general public and is exclusive to all local law enforcement agencies – municipal, state, and federal. There is currently no other known vendor able to meet all combined requirements.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

There is no other private or Government agency/department ranges that can accommodate the large numbers of officers that must be trained at one time in each quarter. Use of Force (UOF) Quarterly Training is mandated to meet requirements as set forth in the Use of Force Policy Handbook 2021.

Acquiring services from another source besides HALO Group Inc. would harm the Government in that it would result in unacceptable training restrictions such as time limits, capacity limits, and weapon type restrictions.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

There are no other private contractor or Government agency/department ranges that expressed an interest, in writing, 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.

Customs and Border Protection (CBP) Quarterly Use of Force (UOF) training is the mandatory training for all CBP officers authorized and permitted to carry firearms to participate. Currently our port does not have a government owned firearms facility and must hire private/commercial firearms facilities for the weapons qualification and training.

The acquisition of Modular Firing Ranges (MFRs) may meet our range requirements and may be a feasible alternative in the future. However, at this time, the port does not currently have an available location in close proximity to our CBP office at San Francisco International Airport where an MFR can be placed. Should land/space become available at a later date, the alternative of acquiring MFRs will be further explored.

12. Posting Requirement.

CBP will post this justification on the Government Point of Entry (GPE) pursuant to FAR 13.501(a)(1)(iii) and FAR 6.305. A notice of intent to sole source will also be posted to the GPE in accordance with FAR 5.101(a)(1).

J&A 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: DHS/CBP/Area Port of San Francisco Name: (Print):

Title: Mission Support Specialist

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): Frank S. Duarte Contracting Officer

Signature: ________________________________ Date: _____________

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $750,000 shall constitute approval of the J&A.

06/08/2021

FRANK S DUARTE

Digitally signed by FRANK S

DUARTE

Date: 2021.06.08 17:09:50 -07'00' 6/8/2021

15. SMALL BUSINESS SPECIALIST CERTIFICATION (Per HSAM 3019.501 -

Above the SAT)

I certify that I have conducted a search for small businesses and other socio-economic concerns capable of participating in this acquisition.

If any were found, a list is attached.

Name (Print): _______ CBP Small Business Specialist

Signature: Date: _______

16. CHIEF COUNSEL REVIEW (Per HSAM 3006.304-70 - Above the SAT)

Name (Print): Date: 06/08/2021

J&A APPROVALS

17. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Above $750,000)

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: ___________________________ Date: _____________

18. HEAD OF CONTRACTING ACTIVITY (Per FAR 6.304(a)(3) - $15M to $75M)

Name (Print): _______________________ Head of the Contracting Activity

Signature: __________________________ Date: _____________

19. DHS CHIEF PROCUREMENT OFFICER (Per FAR 6.304(a)(4) - Above $75M)

DHS Chief Procurement Officer

06/10/2021

20. DHS SECRETARY (any determination and justification for a contract awarded under

FAR 6.302-7, Public Interest, regardless of dollar amount)

DHS Secretary