J-A_20087924_(Signed_9.18.19)_SSaad_DSahakian_19Sep2019.pdf

Justification for Other than Full and Open Competition

1. Agency and Contracting Activity.

Department of Homeland Security (DHS), Customs and Border Protection (CBP), Procurement Directorate, Border Enforcement Contracting Division.

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

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1, Only One Responsible Source and No other Supplies or Services Will Satisfy Agency Requirements, U.S. Customs and Border Protection (CBP) intends to extend an existing contract by exercising the six month Extension of Services clause, thereby increasing the ceiling of the contract by $31,705,000.00.

Continued use of the indefinite delivery/indefinite quantity (IDIQ) contract is critical and will allow for firm fixed price task orders with G4S Secure Solutions (USA) Inc. for transportation and security guard services in support of U.S. Border Patrol (USBP), a component of CBP.

3. Description of Supplies/Services.

CBP has a requirement for Transportation and Security Guard services in nine Border Patrol Sectors of the Southwest Border to include San Diego, El Centro, Yuma, Tucson, El Paso, Big Bend, Del Rio, Laredo and Rio Grande Valley and within their Areas of Responsibility (AOR) to include Border Patrol stations, Field Offices, Ports of Entry, highway checkpoints, processing centers, hospitals, courts and detention centers. The required services include escort, guard, and transport services for foreign national detainees (males, females, minors, and unaccompanied alien children (UAC)) in CBP custody. As per the CBP definition of detainee this includes any person, regardless of citizenship or nationality, who is detained by CBP or any other law enforcement agency. The scope of this contract does not include transportation of violent prisoners. Secure transportation services will entail over-the-road/ground transportation guard services in vehicles of varying capacity, and facilities guard services, including escorting and guarding detainees while at a medical treatment facility, courtrooms, or detention facilities. Services also provide for security back-up to transportation officers in a vehicle and other guard services as directed. These services are required on a 24-hour, 7 days a week basis.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

This acquisition is being conducted under the authority of FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

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

This is an extension of existing services of contract 70B03C19D00000003. These services are critical to the success of CBP’s Southern Border protection mission. This extension with the incumbent contractor is necessary to continue essential services while a protest of the follow-on competitive contract is being resolved. The impact of a break in service would be overwhelming and threaten national security and the safety of the agents and officers on the front line, as well as the detainees’ safety and health.

The recent award to ISS Action Inc. under RFQ 03C19Q0067 resulted in a bid protest by the incumbent to the Court of Federal Claims. As a result, the Government has entered into a voluntary stay of performance of the new award; therefore, G4S must continue the current operations while the Court administers the protest, with a decision date set for December 20th, 2019. The current contract 03C19D00003 is set to expire at the end of this month, but has an option available to extend services (FAR 52.217-8). The 90 day stay of performance required while the Court reaches a decision means that only G4S is capable of performing, since the new awardee cannot begin to perform under the recently awarded task order (effective date of September 30th, 2019) due to the voluntary stay. They cannot legally begin to transition under the BPA and task order due to the court order resulting from the bid protest (19-1329C G4S v. United States). This extension of services will require the minimum three (3) months (October 1st, 2019 through December 30th, 2019) for the court to make a decision, and three (3) additional one (1)-month options for the planned transition to the new awardee, not to exceed the total 6 months of extended services under the authority of FAR 52.217-8 Extension of Services clause in the current contract.

The incumbent contractor (G4S Secure Solutions (USA) Inc.) is uniquely positioned to immediately provide the critically needed transportation and facility/medical guard services upon the expiration of the current IDIQ contract on September 30th, 2019. G4S presently has a sufficient number of certified employees who have been hired and cleared through the CBP background investigation process, which can take up to 6 months to complete. Sufficient contractor staffing is critical to providing these services because each order may overlap another for transportation services. The services must be provided immediately and delay can imperil a CBP agent’s safety as well as affect the health and safety of detainees in CBP custody.

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

CBP recently competed and awarded a long term contract among six (6) GSA schedule 84 SIN 246- 54 holders for this requirement. As part of that process, CBP held an industry day and performed extensive market research to determine the current capability of GSA Schedule holders.

CBP will continue to work through the protest resolution process to award a competitive contract.

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

The hourly rates for the current services have been pre-established in the current contract that expires September 30th, 2019. These rates were already based on negotiations and a cost model developed under mod P00002 to the previously competitively awarded contract HSBP1013D00022.

CBP will compare the proposed rates with the current contract rates which have previously been obtained through full and open competition, a comparison with commercial rates for similar services and if deemed necessary, request other than certified cost and pricing data to ensure that G4S provides the transportation services at a rate commensurate with the requirements of the work.

8. Description of Market Research.

There are no existing sources within CBP that have similar contracts with available resources to adequately perform the required services needed by the USBP Southwest Border Sectors. Five (5) vendors responded to the transportation Request for Information (RFI) that went out to industry in June 2017, three vendors provided sufficient responses. A draft RFQ was released on May 3, 2019 to six GSA schedule 84 holders determined to be capable of performing these services. The final RFQ 03C19Q0067 was issued on June 25th 2019.

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

G4S is the only source capable of supplying currently trained, state-certified and CBP-cleared personnel and the transportation vehicles needed. No other contractor can amass the number of properly certified and CBP-cleared personnel or vehicles required.

10. 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.

CBP is undertaking this sole source action for the minimum period necessary to ensure continuity of these critical services while the Court of Federal Claims renders a decision to bid protest 19- 1329C G4S v. United States.

11. Planning and Funding Statement.

The current interim/bridge contract expires September 30th, 2019. As discussed above, CBP has just awarded a follow-on competitive contract that was protested to the Court of Federal Claims by the incumbent G4S. This interim sole source contract is required to continue service until the Court renders a decision on December 20th, 2019. This acquisition is not the result from a lack of planning or the expiration of funds.

► J&A CERTIFICATIONS

12. 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: CBP Transportation Name: (Print): LaChaun M Holloway Title: Program Manager

Signature: _______________________________ Date: _____________

13. 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): Shaun G. Saad

Title: Contracting Officer

Signature: ________________________________ Date: _____________

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $700,000 shall constitute approval of the J&A.

14. 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): Milton Slade/ Herman T. Shivers Title: CBP Small Business Specialist

Signature: ________________________________ Date: _____________

► J&A APPROVALS

15. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Above $700,000)

Approved Disapproved

Name (Print): Richard Gunderson Title: Competition Advocate

Signature:_____________________

Date:

16. HEAD OF CONTRACTING ACTIVITY (Per FAR 6.304(a)(3) - $13.5M to $68M)

Approved Disapproved

Name (Print): Diane V. Sahakian Title: Head of the Contracting Activity

Signature: Date:

ACABBLL

Highlight

ACABBLL

Highlight

ACABBLL

Highlight