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Pepperball Less Lethal Launcher Kits

Solicitation Number: HSCEMS-13-J-00064
Agency: Department of Homeland Security
Office: Immigration & Customs Enforcement
Location: ICE-OAQ-MS
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Justification and Approval (J&A)
FAR 6.302-1(c) - Brand name
September 25, 2013
Added: Oct 29, 2013 2:48 pm


This acquisition is conducted under the authority of the Multiple Award Schedule Program/Federal Supply Schedule pursuant to section 201 of the Federal Property and Services Act of 1949 (41 U. S. C. 3102). This document sets forth the justification for award on a limited source basis as required by Federal Acquisition Regulation (FAR) 8.405-6.

1. Agency and Contracting Activity
The U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ) proposes to enter into a contract on a basis of other than full and open competition.
2. Nature and/or Description of the Action Being Approved
ICE has a requirement to purchase Less Lethal Launcher Kits for Federal Protective Services (FPS). FPS agents will use the identified kits for training purposes as required by agency policy. This action will be a Firm Fixed-Price Contract with an estimated cost for this acquisition of $498,970.00. The vendor is Pepperball Technologies, Inc., 6142 Nancy Ridge Drive, San Diego, CA 92121-3289.

3. Description of Supplies/Services
The vendor shall provide the following items:

(100) TAC 700 Launchers
(39 Boxes) Inert Projectiles (1 box contains 3,000 projectiles =117,000)
(40 Boxes) Live X Projectiles (1 box contains 3,000 projectiles =120,000)
(36) Riot Expansion Kit's

The estimated cost for this requirement is $498,970.00 with delivery to be made 60 days from date of award.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition
This order is being issued under the authority of FAR 8.405-6 (a)(1)(i)(B). FAR 8.405-6 (a)(1)(i)(B) allows for "Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized."
5. Demonstration That the Nature of the Acquisition Requires the Use Authority Cited
Pepperball Technlogies has developed and pushed forward industry standards with regards to less lethal technology. FPS has had previous experience with the Pepperball Technologies' Less Lethal Launcher System. Any change from the Pepperball Technologies' Less Lethal Launcher System would require NFTTU to make substantial changes to their less lethal training program. Such changes would cause a significant cost to the government and those costs would not be expected to be recouped through competition. Furthermore, the time required to implement a new training program would result in an interruption in the service and capabilities that could impact the agency's operations and endanger the safety of law enforcement agents. Also, since the implementation of the Pepperball system by FPS, any change to that system may impact FPS policy and result in collective bargaining issues.

The Pepperball Technologies' Less Lethal Launcher kits are substantially different in appearance to existing firearms in FPS inventory. Standards set forth by FPS and the law enforcement community require lethal and less than lethal equipment to appear different to the operator to minimize any potential safety concerns. Pepperball Technologies Inc. produces several launcher models and is the only manufacturer that provides a product specific system to meet this standard required for agents in the field during training and operational deployment.

The manufacturer of the less lethal launcher must be able to provide instructor level certification for the implementation of their products so that FPS instructors can be certified as train-the-trainers. The use of Pepperball Technologies is the only system that offers and enables standardized Master Instructor Training to maintain constant and consistent training for the field. This will also provide standardization and consistent training for the agents.
6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practical
No additional sources are being sought to satisfy this requirement. A notice of intent to award a sole source will be publicized on the FedBizOpps, as required be FAR Subpart 5.102(a) and 5.2.
7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable
In accordance with FAR 8.404(d), General Services Administration (GSA) has already determined that the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under Schedule contracts to be fair and reasonable. Additionally, in accordance with FAR 8.405-4 the government will also seek additional price reductions. As such, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by FAR 8.405-2(d). A price analysis will be performed, comparing the rates offered under the current contract period rates with other current internet and/or GSA schedule pricing of similar items and the determination will be made that the pricing is reasonable in comparison with marketplace prices.
8. Description of Market Research
Market research determined that the items were available from the Federal Supply Schedule with Pepperball Technologies Inc. being the only vendor that could provide the required Launchers. Pepperball Technologies is also the only manufacturer for the Less Lethal Launcher kits. A request for information (RFI) seeking authorized distributors for the Pepperball Less Lethal Launcher kits was posted on FBO website on September 12, 2013 with a closing date of September 20, 2013. The RFI resulted in no response from interested parties.
9. Any Other Facts Supporting the Use of Other than Full and Open Competition
10. A Listing of the Sources, if Any, That Expressed In Writing an Interest in the 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
In the future, if additional Launcher Kits are required, market research will be performed to determine if any other brands are compatible and can safely be used.

801 I Street, NW, Suite 910,
Washington, District of Columbia 20536-0001
United States
San Diego, California 92121
United States
Charlene M. Bunting,
Contract Specialist
Phone: 2027321151
Maria B. Williams,
Contracting Officer
Phone: 2027322677