In a date-redacted document, DHS claimed “Unusual and Compelling Urgency” NOT to inform the public of quantities of ammo purchased with tax money ($4.6 MILLION) for Immigrations and Customs Enforcement (ICE), Customs and Border Protection (CBP) and the Federal Protective Service (FPS). The original bid date was May 2012. On July 30, 2012 the award was announced for a contract, and for an undisclosed quantity of 223 62 grain duty and 223 64 grain duty. Federal Cartridge Company in Minnesota won the bid assuming any other company was allowed to bid against them. The purchased ammo is to be used for the agencies listed above, for training and performance of duties. Attached to the Award Notice is a pdf titled “Justification for Other Than Full and Open Competition. As you read, ponder whether this is Other Than Full and Open Competition or Other Than Full and Open Disclosure. 223 Redacted J&A.pdf
4. Identification of Statutory Authority Permitting Other Than Full and Open Competition
The statutory authority permitting other than full and open competition is 41 U.S.C.3304 (a)(2) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-2 entitled “Unusual and Compelling Urgency.” The manufacturer is the only one that provides the referenced part numbers on this one time purchase.
Upon reading “full and open competition,” my first thought was that the bid was not available to some companies who might want to bid for the contract, but if that’s the case, why are the quantities of ammo redacted. This seems more to be ‘other than full and open disclosure.’
There are approximately 23 black marker redactions excluding the redacting of the names and dates of the Contracting Officer and and Sections Chief – Contracts.
Back in December, Department of Homeland Security chief Janet Napolitano directed ICE to prepare for a substantial inundation of immigrants into the United States, calling for the plan to deal with the “shelter” and “processing” of large numbers of people.
Despite the fact that documents are only supposed to be redacted if authorized by Congress or for national security reasons, a solicitation posted on the FedBizOpps website yesterday concerning ammunition purchases made by the DHS on behalf of Immigration & Customs Enforcement (ICE) contains numerous blacked out sections.
I am working on verifying the above statement, that Congressional authority is needed for redaction, or that national security concerns can override that authority. I have no problem believing it, but hope to find a specific confirmation and compare it to the provision of authority under FAR cited in the pdf. Whatever is going on, it is “compelling and urgent;” for whom it is compelling and urgent isn’t clear. Maybe you and me? Doesn’t sound like normal duty or training. If you read the ClashDaily post linked above, he speculates bloggers have created a storm of controversy over our heavily-armed Government. Below is background material on some of the ammo buy-ups. Note that the first one below compares what our Military in Iraq used in one year, as compared to what DHS has order – and understand that none of the below, and none of the figures of over 1 BILLION rounds ordered by DHS includes Military/Pentagon/Department of Defense orders. My thanks to Matthew Fuller at Free Republic.
Background and Related: