1.5.1 SSJ LVL II Security Guards DR-4673;434-FLs.pdf

Sole Source Justification (SSJ) Commercial items for procurements exceeding the Simplified Acquisition Threshold(> $250,000) pursuant to FAR Subpart 13.S, including Brand Name

SSJ No.: 24-102

Date: 12 April 2024 PR Number:

This sole source justification is provided in accordance with FAR 13 .5 Simplified Procedures for Certain Commercial Products and Commercial Services and specifically under FAR 13.501 Special Documenatation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6 but still require a justification using the format of FAR 6.303-2. As provided under FAR 13.501, this justification is modified to reflect that the procedures under FAR subpart 13 .5 were used in accordance with 41 u.s.c. 1903.

1. Identification of the agency and the contracting activity

The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Office of Chief Procurement Officer (OCCPO), Acquisition Operations Division (AOD) is preparing this Sole Source Justification pursuant to FAR 13.501.

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

FEMA OCCPO intends to award a sole source contract to REDCON Solutions Group LLC, PO Box 14100, Savannah GA 31416 for Level II Armed Security Guards without seeking competition. FEMA requires continued Level II Armed guard security services for up to 60 guards at multiple facilities supporting DRs 4673/4734 in the state of Florida. This action is being taking pursuant to FAR 13.501. REDCON Solutions Group is the only source that can provide these services without experiencing a lapse in services or substantial duplication of cost to the Government that is not expected to be recovered through competition.

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

FEMA requires continued armed guard services to safeguard federal employees, visitors, and property at multiple locations to include the Joint Field Office, two (2) Branch Offices and two

(2) staging yards in support of Presidentially declared disasters DR-4673 (Hurricane Ian)/4734 (Hurricane Idalia)-FL in the State of Florida. The period of period of performance for this requirement is six ( 6) months with the respective period of performance dates below:

Contract Periods: Period of Performance Dates Base May 7, 2024 - November 6, 2024

Period Months Base 6

Labor Hours (LH /$) Amounts

$ 2,401,675.57

SSJ No.: 24-102

Commercial items for procurements exceeding the Simplified Acquisition Threshold(> $250,000) pursuant to FAR Subpart 13.5, including Brand Name

4. Identification of the authority.

This action is being taken under the authority of FAR 13 .106(b )(2), which states that the requirements of FAR 13.501 apply to sole source acquisitions of commercial products and commercial services. As set forth above, this sole source justification is provided in accordance with FAR 13 .5 Simplified Procedures for Certain Commercial Products and Commercial Services and specifically under FAR 13.501 Special Documenatation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6 but still require a justification using the format of FAR 6.303-2. As provided under FAR 13.501, this justification is modified to reflect that the procedures under FAR subpart 13.5 were used in accordance with 41 U.S.C. 1903. The reason that FEMA is sole sourcing this requirement is because only one responsible source will satisfy the agency requirements under 41 U.S.C. 3304(a)(l) and FAR 6.302-1.

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

The current contractor (REDCON) has been performing these services under Blanket Purchase Agreement (BPA) Call Order 70FBRA00000007 _70FBR423F00000054 since the initial disaster declaration in October 2022. The contractor has performed exemplary in this capacity to include various increases/decreases in the requirement as FEMA has experienced periods of increase for the establishment of Disaster Recovery Centers (DRCs), Staging yards, and the addition of another disaster DR-4734 (Idalia) in October 2023. The contractor has met the minimum requirement for fully FEMA security cleared Levell II Armed Guards and has maintained the required amount of 60 guards availability since the beginning of the call. Due to the uncertainty associated with continued facilities needs, opening of possible new facilities, and the criticality of this requirement, FEMA can not experience a lapse in coverage. If this justification is not approved, FEMA could experience a lapse in coverage and thereby put at risk the safety of personnel and equipment at each required location and would have to close several of the Level II Facilities for the two disasters until another contract vehicle is awarded.

REDCON Security is the only source available with the amount of fully FEMA security cleared Level II Armed Guards that can perform these services within the time constraints of the current contract's period of performance expiration date of 6 May 2024. Due to the current circumstances, the risk of a lapse in services is high based upon the estimated time to solicit a new competitive requirement through the normal competitive procurement process coupled with the estimated time to obtain security clearances for up to 60 Level II Security Guards. Based on the agency's standard procurement acquisition lead time (PALT) of 150 days for a competitive award at the estimated dollar amount and the average time it takes to perform the necessary security clearances for up to 60 FEMA Security Guards being 3-4 weeks, unnecessary risk in experiencing a lapse in service would be present.

SSJNo.: 24-102

Commercial items for procurements exceeding the Simplified Acquisition Threshold(> $250,000) pursuant to

FAR Subpart 13.5, including Brand Name

Solicitation No: 70FBR432R00000012 was issued on March 11, 2024 and amended (0001) on

March 29, 2024 to three (3) of four (4) eligible Blanket Purchase Agreement (BPA) holders as a result of being awarded a BPA under Solcitation 70FBR422R00000023 in October of 2022. The incumbent BPA holder, REDCON, was not allowed to propose because based upon FEMA's

IGCE, their remaining contract ceiling did not provide the capacity to cover FEMA's need.

After completion of the evaluation process IA W the BP A solicitation requirements, the award determination was submitted for final approval on 2 April 2024. Upon submission of the contract file for final review/approval for award on 3 April 2024, it was identified that the award of the base BP As were solicited utilizing FAR Part 13 (Simplified Acquisition Procedures). IA

W FAR Part 13 .303-5 (b ), purchases under BP As, Individual purchases under a BPA shall not exceed the simplified acquisition threshold (SAT). However, agency regulations may establish a higher threshold Moreover, the purchase limitation established under the multiple awarded base BP As being used exceeded the SAT and FEMA had not established a higher threshold for purchases against a BP A.

Due to the circumstances above and the period of performance expiration date of the current contract, this Sole Source Justification to award to the current contractor, REDCON Security, is being sought to avoid a lapse in coverage for these critical services and prevent substantial duplication of cost to the Government that is not expected to be recovered through competition.

A sole source contract will be negotiated and awarded utilizing FAR Part 12 and 13 respectively independent of the multiple award BP As.

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

Based on the timing of this requirement, no other efforts have been made to ensure offerors were solicited from additional sources as this is not practible. If a new requirement is necessary, an announcement will be published, IA W procedures pursuant to FAR 5.202.

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)).

IAW at FAR 13.106-3(a)(2) and/or 13.106-3 (b)(3), the contracting officer will determine that the anticipated price(s) will be fair and reasonable based on market research, comparison of the proposed price with prices found reasonable on previous purchases, the contracting Officer's personal knowledge of the item being purchased, and comparison to the independent

Commercial items for procurements exceeding the Simplified Acquisition Threshold(> $250,000) pursuant to FAR Subpart 13.5, including Brand Name

Government estimate. Additionally, the Contracting Officer has available GSA Scheduled price list and competitive prices received from BP A vendors responses for solicitation 70FBR424R00000012 for comparison to the offerors price

8. Description of market research

Market Research was conducted in December of 2023. The internet was searched for a list of contractors that would be able to provide the Level II Security Guard Services throughout various counties in the state of Florida. The market research showed that there were other small business capable of meeting FEMA's requirement; however, based on the existence of pre positioned BP A contracts, the decision was made to utilize an existing BP A holder for the requirement. Each BPA holder had an existing Federal Supply Schedule with pricing available for comparing and had already provided hourly pricing rates at the time of award of their respective BP As that were deemed fair and reasonable.

9. Any other facts supporting the justification.

In accordance with (IA W) Interagency Security Committee (ISC) Standard for federal facilities assessed at a Facility Security (FSL) Level II facilities (attached); The DHS Physical Security program specifically authorizes DHS components to contract security services to mitigate and maintain Interagency Security Committee standards and physical security requirements.

Therefore, until all physical security countermeasures are operational, guard services are the only approved method for mitigation and compliance with ISC standards. The facilities identified for this requirement are assessed as Level II facilities thus would not be able to remain operational and would have to close.

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

Solicitation (70FBR424R00000012) was issued on 11 March 2024 to current BPA holders for this requirement. Three BPA holders, responded to the solicitation by the suspense date expressing interest in the acquisition. However, due to the SAT threshold purchase limitation for BP A orders under FAR 13, the Agency could not use the multiple BP As to award a purchase call order for its 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. (Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service).

Upon expiration of this sole source contract, FEMA will recompete all efforts under full and open competition. Market Research has revealed there are capable Small Business offerors that could perform these services. Procedures will be in place to ensure no reoccurence of the current circumstances and the future award will be made on a competive basis. The Regional

Commercial items for procurements exceeding the Simplified Acquisition Threshold(> $250,000) pursuant to FAR Subpart 13.5, including Brand Name

Contracting Office will modify the existing BP As to reflect purchase limitations IA W with the SAT threshold.

12. DHS/FEMA intends to post the requirement pursuant to FAR 13.501(a)(l)(iii) and 6.305(a).

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.

G I NA C Co LE Digitally signed by GINA C COLE

Date: 2024.04.12 13:05:31

-04'00' --------

Technical Representative/COR Date

14. Contracting Officer Certification and Approval*

WENDELL D

CRITTENDEN

Contracting Officer:

15. Approval:

Digitally signed by WENDELL D

CRITTENDEN

Date: 2024.04.12 13:08:02 -04'00'

Date

KEECH A P ELLIOTT

Digitally signed by KEECHA P ELLIOTT

Date: 2024.04.15 14:24:25 -04'00'

Competition Advocate Date

SSJ No.: 24-102