1.5.1 JA Armed Guard Security-DR-4663-KY_OCC_Legal Review Final.pdf

JUSTIFICATION AND AUTHORITY FOR OTHER THAN FULL AND OPEN

COMPETITION

Unusual and Compelling (41 U.S.C.

3304(a)(2))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity:

Department of Homeland Security Federal Emergency Management Agency (FEMA)

JFO DR-4663-KY

657 Chamberlin Ave Frankfort, KY 40601

2. Nature and/or Description of the Action being approved:

a) FEMA intends to procure on a sole source basis security guard services.

b) (30) day fixed hourly rate contract with potential for extensions. Firm-Fixed price contract for Armed

Level II Guards

c) $2,385,000.

d) Code 06 Disaster Operational funding for DR 4663-KY

e) FY 2022 Funding

f) Contract #70FBR422C00000001

g) Contractor: Strategic Security Corp 4 Higbie Drive Smithtown, NY 11787

h) Background: In the aftermath of unprecedented straight liner winds, flooding, mudflows and debris flows, FEMA is providing emergency assistance to applicants throughout the State of Kentucky. As a result, over several individual facilities will be opened, including two responder base camps, a branch office, and staging yard to house millions of dollars of FEMA equipment for distribution to the survivors of the disaster. The facilities, staging yards, and possible 13 DRC's will require armed level II guards within 48- 72 hours. These facilities are operational as Federal Facilities and require a minimum level of security per DHS guidelines immediately upon opening. As a result, an armed guard contract is immediately required.

FPS has indicated they can provide only very limited services and can no longer provide extended services for guards and have reached their capacity in resources. FPS has indicated they will not be able to provide the additional guard services we require within the State of Kentucky.

The total requirements cover a large area some of which are located in rural counties, where there are limited guard services available. As a stop gap measure until a final contract can be put in place, a Sole Source contract is urgently needed to provide some of the required security services.

3. Description of Supplies/Services:

In the aftermath of the flooding, fires, mudslides, FEMA is providing emergency assistance to applicants throughout the State of Kentucky. As a result, several individual facilities will be opened within days particularly two Responder base camps housing FEMA employees, and staging yard where the housing mission and millions of dollars of trailers will be housed to provide housing for homeless survivors. These facilities are operational as Federal Facilities and require a minimum level of security per DHS guidelines immediately upon opening. As a result, an armed guard contract is immediately required to meet the needs for personnel, facility, and asset protection.

The services requested are armed guard services, level II. The desired contractor has substantial prior Security Guard Services experience with FEMA, understands the vetting process and can place Protective Services Officers on post in the areas required in the State of Kentucky that have been impacted by the fires, floods, straight-line winds, and mudslides.

4. Identification of Statutory Authority permitting Other Than Full and Open Competition: 41

U.S.C 3304(a)(1) implemented by FAR 6.302-2, Unusual & Compelling Urgency

5. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the

Acquisition Requires Use of the Authority Cited:

In the aftermath of flooding, fires, and mudslides, FEMA is providing emergency assistance to applicants throughout the State of Kentucky. As a result of this emergency, an unusual and compelling urgency precludes full and open competition and any delay in award of a contract would result in serious injury, financial or other, to the Government. The risks to life, health, and/or safety to the federal employees within Kentucky do not permit time to seek competition.

The Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Full and open competition need not be provided in accordance with FAR 6.302-2.

Strategic Security has provided armed guard services, level II, with previously vetted and approved personnel. The desired contractor has the personnel, experience with FEMA contracts, over (8) prior contracts and has completed satisfactorily or better on several other contracts. The company has been providing armed Security Guard Services and Security Solutions for over a decade.

6. Description of Efforts Made to ensure that Offers are solicited from as Many Potential Sources as is Practicable:

Adequate competition exists, however due to the urgent and compelling need for security, there is not enough allotted time to solicit competition. The Government is currently taking steps to solicit a Blanket Purchase Agreement to a number of security contractors to continue services after this intended contract expires. The armed security guard contract is an absolute must for the Government to continue support and meet the Government mission for providing security within Kentucky. The estimated date of publication on SAM.gov is August 8, 2022.

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

Fair and Reasonable:

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable as the contractor prices are consistent with their previous contracted prices from past competitive contracts. The previous contract was determined fair and reasonable based on the competitive process.

8. Description of Market Research Conducted:

Market research was conducted utilizing the Internet, Unison Marketplace and System for Award Management (SAM.gov) to query contractors on the ability to perform this level of provisions within the scope of work. The results of the query for capable contractors were typical; as this process has warranted the same contractors after each market research.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition: The Government routinely solicit several commonly used contractors for this type of requirement.

However, the Government genuinely has an urgent and compelling need for security services as a result of this disaster and the recent circumstances.

10. A Listing of the Sources, if any, That Express, in Writing, an Interest in the Acquisition:

There has been no expressed interest from other sources

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 is Required:

N/A

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.

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

APPROVAL: Contracting Officer

Competition Advocate