ICE Patch/Emblems

Justification for Other than Full and Open Competition Immigration and Customs Enforcement Enforcement and Removal Operations Patch/Emblem Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.302-1(a) (2), only one responsible source and no other supplies or services will satisfy agency requirements. The justification for use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale: (1) Agency and Contracting Activity- The Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE) Enforcement & Removal Operations (ERO) 500 12th Street SW Washington, DC 20536 (2) Nature and/or description of the action being approved. - The U.S. Immigration and Customs Enforcement has a requirement to procure 15,800 ERO emblems, with a modified vector art design, for ICE Enforcement and Removal Operations (ERO) uniforms. (3) Description of Supplies/Services- ERO has a requirement to procure 15,800 emblems with modified vector art for ERO uniforms. Due to the internal realignment of ICE offices, and the change from Detention and Removal Operations (DRO) to Enforcement and Removal Operations, new emblems are required. The new emblems will read "ERO" vice "DRO," change the eagle's head looking from the left to the right, and add the acronyms ICE-DHS and "Enforcement & Removal Operations" above on the emblem. These modified emblems will be provided by Headquarters Enforcement and Removal Operations (HQERO) National Uniform Program (NUP) to the field; replacing the emblems on the existing uniforms. Once ERO procures the emblems and establish ownership of the vector art, use of emblems will be extended to the contractor that provides ERO standard uniforms and accessories (procured via Interagency Agreement (IAA) between ICE and Customs and Border Patrol) to purchase directly (standard practice) from the emblem provider, Lion Brothers, Inc, for new uniforms to be issued during the ERO's uniform program of fiscal year 2012. All uniformed officers will be issued correctly branded uniforms. The ERO emblem procurement is a mission-critical requirement. The emblems contain specific and unique identifiers to perform in an official capacity, and will contribute to prevent the misuse of authority by unauthorized individuals. Branding the uniform with the correct emblem will ensure law enforcement personnel who wear an ERO uniform are identified correctly, while continuing to project the professional image and appearance to the public. The estimated cost of this procurement is $49, 000. Delivery is expected within 30 days of the order award. (4) Identification of Statutory Authority Permitting Other Than Full and Open Competition The statutory authority permitting other than full and open competition is 10 USC 2304(c) (1) and 41 U.S.C. 253(c)(1), entitled "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements". (5) Demonstration That the Nature of the Acquisition Require Use of the Authority Cited. In accordance with FAR 6.302-1(a)(2), only one responsible source, the current provider, Lion Brothers, Inc., can provide the patches that will meet the Government's requirements based on the following reasons: - Lion Brothers, Inc. owns the vector art for the current DRO emblem, and has the tooling to modify, minimizing manufacturing and design cost. Absent the vector art for the current design, the acquisition of another vendor's emblem would require start-up costs for new artwork for emblems, resulting in a cost impact of approximately $49,000. - Due to the lead time required for processing, procuring, and issuing uniforms, Lion Brothers Inc., can deliver the revised patches in approximately 15 days; therefore, ICE will have the ability to issue uniforms early in fiscal year 2012. Acquiring the revised patches from another vendor would result in a 4-6 month delivery schedule and a potential setback for ERO's continuing need to issue uniforms to its uniformed officers. - In accordance with the ICE Interagency Agreement (IAA) with Customs and Border Protection (CBP) for ERO uniforms, ICE has a requirement to supply the emblems as Government Furnished Property (GFP) to the contractor that produces the uniforms via Lion Brothers Inc., within a certain time frame; therefore allotting time to sew the emblems on new uniforms while maintaining timely production and delivery. (6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. This requirement will be awarded to the current producer of ICE emblems, as only the current source will satisfy agency requirements. (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 proposed prices are fair and reasonable. The anticipated cost to the Government is based on prices paid for existing emblems (unit prices of $2.79 for a colored emblem and $3.47 for a subdued emblem), plus $350.00 to modify the vector art. Furthermore, these costs represent a discount to the Federal Government from the vendor's commercial price lists and a comparison of contract prices within DHS and DOJ awarded under FAR Part 15. Market research resulted in unit pricing in the range from $5 to $7. (8) Description of Market Research. ICE is continuously performing Market Research, as required by FAR Part 10, to identify potential sources of emblems. ICE participates in vendor tradeshows, conferences, symposiums, and workshops in order to evaluate emerging technologies and equipment. Representatives of ICE participate in standards organizations to promote common open standards against which the vendors can build their equipment. Current efforts and analyses within the market demonstrate that there is currently only one responsible source that will satisfy agency requirements. (9) Any Other Facts Supporting the Use of Other Than Full and Open Competition. Lion Brothers Inc. would best serve ERO's immediate need and be the most cost effective for this acquisition. This particular emblem is essential to the agency requirements, and market research indicates other companies' similar products or products that are lacking the particular feature, do not meet or cannot be modified to meet the agency's immediate needs. The impact to ERO and the ICE Interagency Agreement (IAA) with Customs and Border Protection (CBP) will be profound if the emblems are procured from other vendors that do not fully meet DHS' requirements. Additionally, given that new emblems are prohibited under the DHS branding moratorium, the existing revised emblem will not be subject to the prohibition. There is only one known vendor who presently is providing the DRO emblem that meets the requirements listed above. Only Lion Brothers Inc. has been accepted through testing and is currently providing the emblem that would need revision to fulfill the ICE/ERO requirements. (10) A Listing of the Sources, if Any, That Expressed, in Writing, an Interest in the Acquisition. The proposed effort was posted at 801 I Street NW Suite 800, Washington, DC 20536 on 26 July 2010. No other vendor has expressed interest in this requirement. (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. Representatives of ICE will continue to participate in standards organizations to promote common open standards against which the vendors can build their equipment. Representatives of ICE will participate and review the "first article" testing of vendor gear to determine the gear's ability to meet ICE's and DHS' requirements in an operational law enforcement environment. Competitive procurement procedures will be used for new designs of uniform emblems in the future. (12) 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.