01.05.01 SSJ - FAR Part 13.5- Security Guards MS.pdf

Sole Source Justification (SSJ) Test Program for Certain Commercial items for procurements exceeding the Simplified Acquisition

Threshold (> $250,000) pursuant to FAR Subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for acquisitions exceeding $250,000, including brand name for use when applicable.

SSJ No.: XX-XXX -

SSJ No.: XX-XXX

Date: _________________ PR Number: ___________________________

Pursuant to the requirements under the authority of the test program for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority 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. Identification of the agency and the contracting activity, and specific identification of the document as a “sole source justification.”

The Department of Homeland Security, Federal Emergency Management Agency (FEMA), intends to award a sole source contract.

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

FEMA intends to award a sole source contract to:

This action requires continued armed guard services to safeguard federal employees, visitors, and property at Joint Field Office, Branch Offices, Disaster Response Centers, and Staging Yards in support of Presidentially declared disasters DR-4874-MS, for Mississippi Severe Storms, Straight-line Winds, Tornadoes, and Flooding affecting several counties in the State of Mississippi.

Name of Firm Address City County State Zip

TOPPS PRIVATE INVESTIGATION &

SECURITY FIRM, PLLC

158 HATTIE FLOWERS DR GRENADA GRENADA MISSISSIPPI 38901-5586

Name of Firm Contact Phone

Number E-mail Address WWW Page URL

TOPPS PRIVATE INVESTIGATION &

SECURITY FIRM, PLLC

OPHELIA

TOPPS

662-417-ophelia@toppssecurity.com www.toppssecurity.com

Name of Firm UEI

TOPPS PRIVATE INVESTIGATION & SECURITY FIRM, PLLC SUJJMRY9N4Z1

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

Program Office utilized prior contract history. The IGCE was developed utilizing FEMA Contract # 70FBR423C00000014 with TOPPS PRIVATE INVESTIGATION & SECURITY

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XX-XXX -

FIRM, PLLC. The period of performance was Start 9/1/2023 with an end date 1/31/2025.

The contract was paying the 25 guards each $44.80. The Program Office rounded $44.80 to $50.00 due to Emergency.

FEMA requires continued armed guard services to safeguard federal employees, visitors, and property at Joint Field Office, Branch Offices, Disaster Response Centers, and Staging Yards. This contract needs to be awarded in under 2 days. Due to DHS/FEMA security requirements, FEMA needs more than 30 days to vet a new guard company through Personnel Security. Topps Private Investigation & Security Firm, PLLC had a contract end in January 2025, thus ensuring continued guard support. The Topps Private Investigation & Security Firm, PLLC already has vetted guards that con perform for FEMA. This will allow immediate response at the DRCs.

CLIN 0001 – POP 90 days – 13,950 hours

4. Identification of the authority.

FAR Subpart 6.208 Set-asides for local firms during a major disaster or emergency.

• (a)To fulfill the statutory requirements relating to 42 U.S.C. 5150, contracting officers may set aside solicitations to allow only offerors residing or doing business primarily in the area affected by such major disaster or emergency to compete (see subpart 26.2).

• (b)No separate justification or determination and findings is required under this part to set aside a contract action. The set-aside area specified by the contracting officer shall be a geographic area within the area identified in a Presidential declaration(s) of major disaster or emergency and any additional geographic areas identified by the Department of Homeland Security.

HSAR 3006.302-270Unusual and compelling urgency.

• (d)(1)(iii) For contract awards to facilitate the response to or recovery from a natural disaster, act of terrorism, or other man-made disaster, that relies on this exception, the period of performance shall be limited to the minimum period necessary to meet the urgent and compelling requirements of the work to be performed and to enter into another contract for the required goods or services through the use of competitive procedures, but in no event shall the period of performance exceed 150 days, unless the Head of the Contracting Activity (or higher approval authority if required by (FAR) 48 CFR 6.304 or DHS procedures) determines that exceptional circumstances apply, approving the justification as set forth in (HSAR) 48 CFR 3006.304. The limitation on the

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XX-XXX -period of performance applies to contracts awarded in response to, or to recovery from:

(A) A major disaster or emergency declared by the President under Title IV or Title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121-5207);

(B) An uncontrolled fire or fire complex, threatening such destruction as would constitute a major disaster, and for which the Federal Emergency Management Agency has approved a fire management assistance declaration in accordance with regulatory criteria at 44 CFR 204.21; or

(C) An incident for which the National Operations Center (NOC), through the National Response Coordination Center (NRCC), coordinates the activation of the appropriate Emergency Support Functions and the Secretary of Homeland Security has designated a Federal Resource Coordinator (FRC) to manage Federal resource support.

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

FEMA Contract # 70FBR423C00000014 with TOPPS PRIVATE INVESTIGATION & SECURITY FIRM, PLLC. The period of performance was Start 9/1/2023 with an end date 1/31/2025. The contract was paying the 25 guards each $44.80.

The Topps Private Investigation & Security Firm, PLLC already has vetted guards that con perform for FEMA. This will allow immediate response at the DRCs.

If competition occurs, this would delay the start up of the DRC(s) and vetting guards would further delay the process.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on Topps Private Investigation & Security Firm, PLLC based on prior contract history.

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

None at this time due to local-area setaside and market research.

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XX-XXX -

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. (Use information such as commercial pricelists or prior acquisition history that will help the Contracting Officer determine the anticipated cost is fair and reasonable or discuss the application of any of the techniques described at FAR 13.106-3(a)(2) and/or 13.106-3 (b)(3)).

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on prior contract 70FBR423C00000014 at $44.80 per hour.

8. Description of market research. (Market Research is required by FAR Part 10 and HSAM 3010, and the DHS Market Research Guide. Describe the results of your market research or provide a statement of the reason why market research was not conducted).

Market research was conducted and found several companies that could support the need, however under the short turnaround vetting could not be completed in timeframe to meet DHS/FEMA requirements.

9. Any other facts supporting the justification.

Due to the required vetting process for security guards, the time to complete an acquisition package to compete/award a new contract could not be met prior to the current need to stand up JFO, and DRCs.

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

None.

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. (Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service).

None.

12. DHS/FEMA intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name FAR 13.501(a)(1)(iv) and 5.102(a)(6).

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XX-XXX -

13. 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

14. Contracting Officer Certification and Approval*

Contracting Officer: Not exceeding $750K Date

*Note: In accordance with FAR 13.501(a)(2)(i), for contracts exceeding $250,000 but not exceeding $750,000, the contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval.

15. Approval:

Competition Advocate Date Over $750,000 but not exceeding $15 million

HCA: Date Over $15 million but not exceeding $75 million

HCA approval in addition to that of the Component Competition Advocate is not necessary if the Component Competition Advocate meets the criteria at FAR 6.304(a)(3)(ii).

ROBERT N WINK Digitally signed by ROBERT N WINK Date: 2025.06.01 13:13:25 -05'00'

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XX-XXX -

Chief Procurement Officer (CPO) Over $75 million

Date