1.5.2 Sole Source Justification DR4339PR 1_6_21 ml ck signed (002) (002).pdf

U.S. Department of Homeland Security Office of the Chief Procurement Officer

Justification and Approval for Other Than Full and Open Competition Version 3.1

SOLE SOURCE JUSTIFICATION

Solicitation number: 70FBR221R00000006

Control No: 20-020

Pursuant to the requirements of 41 U.S.C 1901 as implemented by the Federal Acquisition Regulation (FAR) Subpart 13.501(a) and in accordance with the requirements of FAR 13.501(a)(ii), the justification for the use of the statutory authority follows:

1. Agency and Contracting Activity. The Department of Homeland Security, Federal

Emergency Management Agency (FEMA), Office of the Chief Procurement Officer (OCPO), proposes to enter a contract on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved. A short paragraph or two describing the effort to be placed on contract, or the modification action. This section should include all of the following information:

(a) The FEMA requires the provision of a short-term bridge contract for continued

Armed Security Guard Services in support of the FEMA’s Recovery mission, Disaster (DR)-4339-Puerto Rico (PR). The contractor shall perform duties/tasks necessary to provide Protective Service Officers (PSO)s for physical security services throughout the entire island of Puerto Rico including municipalities of Vieques and Culebra.

(b) Name and address of the contractor:

RANGER AMERICAN OF PUERTO RICO INC

Attn: Yaneza Bravo PO Box 29105 San Juan, PR 00929-0105

(c) Contract type: Firm Fixed Price (FFP), Labor Hour (LH)

(d) Estimated total value (including options).

Period Unit Price Total

Base Period

81,450

LH

$29.07

$2,388,751.50

Total $2,388,751.50

(e) Type of funding: Disaster Funds

(f) Year of funding: 2021

(g) Solicitation number: 70FBR221R00000006 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

Justification and Approval for Other Than Full and Open Competition

(h) Background information about the requirement. The FEMA uses contracted Protective Service Officers (PSO) to safeguard federal employees, visitors and property at both temporary and fixed facilities during disaster and emergency declarations.

After the island of Puerto Rico was devastated by Hurricane Maria disaster DR- 4339-PR was declared by the President placing FEMA locations around the entire island to support all Recovery efforts.

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Include the purpose the supplies or services are intended to fulfill or the function the supplies or services provide.

The requirement is to provide continued Armed Security Guard Services through the provision of Protective Service Officers (PSOs). The contractor shall perform duties/tasks necessary to provide PSOs for physical security services throughout the entire island of Puerto Rico including municipalities of Vieques and Culebra. Patrol vehicles shall be provided, when required by FEMA, based on location characteristics, vulnerabilities and risks. The period of performance will be 150 calendar days.

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.

1901 implemented by the FAR Subpart 13.501(a), Special documentation requirements, Sole source acquisitions. The limitation on the period of performance of 150-day at HSAR 3006.302-270 applies.

5. Identification of Exception to the Buy American Statute (Section is required to be completed when the J&A includes the exception listed under FAR 25.103(b)(2) or FAR 25.202(a)(2)) Identify the nonavailability exception listed under FAR 25.103(b) or FAR 25.202(a)(2).

Not applicable.

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. This paragraph is one of the most important parts of the J&A and should clearly identify why the proposed action must be accomplished through other than full and open competition.

Provide a well-reasoned, detailed discussion of the issue that will make it clear to someone who is unfamiliar with your organization or your requirement why full and open competition cannot be used for this procurement. The following information must be included:

The proposed contractor, Ranger, is currently performing the services required effectively and satisfactorily under contract 70FBR220C00000019. Given the short timeline at issue, a transition to another contractor would introduce unnecessary risks and uncertainties that would be detrimental to the interests of the government.

Justification and Approval for Other Than Full and Open Competition

(a) Rationale for using the authority cited in section 4 of the J&A;

Due to the Court of Federal Claims (COFC) ruling in response to the protest submitted by the contractor AGMA against the award of the existing FEMA contract with the contractor Ranger, the use of other than full and open competition is required to award a short-term Firm Fixed Price, Labor Hour (FFP, LH) bridge contract in order to provide continued Armed Security Guard Services in support of the FEMA’s Recovery mission, Disaster (DR)-4339-Puerto Rico (PR). The ruling enjoins FEMA from continuing the performance of the contract currently in place to provide these services as of January 8, 2021.

The ruling states that AGMA “has been deprived the opportunity to compete fairly for a contract.” In order to correct this harm, a new contract under a full and open competition procedure will be awarded. However, continued services are required to maintain the safety, security and health of the current federal employees, visitors and property at all existing temporary and fixed facilities currently being occupied in response to DR-4339-PR. Based on the COFC ruling, a nine-day acquisition timeline to solicit and award a new contract under full and open competition procedures is unattainable.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition;

On December 30, 2020, the FEMA received notification of the COFC ruling in response to the protest submitted by AGMA against the award of contract 70FBR220C00000019 to Ranger in response to solicitation 70FBR220R00000002.

The ruling required the FEMA end the current contract awarded to Ranger by January 8, 2021. Therefore, due to extraordinary limitation in acquisition lead time, there is not any portion of the work that can be segregated to allow for competition.

However, this short-term contract is being sought to allow adequate acquisition lead time to solicit an award under full and open competition procedures with limitations to local area set aside under the Stafford Act.

(c) Summarize alternatives considered and why they will not work; and

Due to the acquisition lead time limitation, the only other alternative considered was to award a short-term sole source contract to AGMA. However, it was considered in the best interest of the FEMA to award a short-term contract to the existing contractor, Ranger, since the contractor was already in place effectively and satisfactorily performing. Moreover, the lack of adequate time to both award to AGMA and transition from Ranger poses substantial risk to continuity of operations; therefore, increasing risk to safety, security and health of the current federal employees, visitors and property at all existing temporary and fixed facilities currently being occupied in response to DR-4339-PR. The risk is viewed as detrimental to the interests of the government. Because the current Ranger contract must be terminated and the previous AGMA contract was terminated, there is no existing vehicle by which the FEMA can obtain these services and no legal method by which the Agency could reinstate either contract.

Justification and Approval for Other Than Full and Open Competition

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

See Section b above.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

Offerors will be solicited from as many potential sources as possible under the new solicitation that will be posted to the Contract Opportunities of beta.SAM.gov as required by FAR 5.201 a synopsis. In the case of this unusual and compelling urgency requirement, posting will be made within 30 days after contract award, in accordance with 6.305 procedures at paragraphs (b), (d), (e), and (f).

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

The contracting officer will determine that the anticipated price(s) will be fair and reasonable based on a comparison of the contractor labor costs proposed to the costs paid for services under current competed contract and previous historical awards for similar contracts and labor categories.

9. Description of Market Research. Market research is required by FAR Part 10, and the results of the market research should be summarized here. Include the following information:

Market research was not conducted as the Government determined that the time period from the previous market research current and relevant within 18 months.

The market research is available under solicitation 70FBR220R00000002.

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

Competition. This section presents an opportunity to strengthen the justification by presenting supplemental or supporting information. Do not summarize or duplicate information already stated in previous sections. This section should include information such as:

NONE

11. A Listing of the Sources, if Any That Expressed, in Writing, an

Interest in the Acquisition.

Sources in response to solicitation 70FBR220R00000002 would comprise the list of sources expressing an interest in this acquisition to include AGMA.

Justification and Approval for Other Than Full and Open Competition

12. 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 that will be taken to increase competition for future acquisitions of the same item/service. Include information such as:

This short-term contract is being sought to allow adequate acquisition lead time to solicit an award under full and open competition procedures with limitations to local area set aside under the Stafford Act. Therefore, the action taken to increase competition for future acquisition of these services will be executed no later than 150 days from award of this bridge contract.

13. 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.

Contracting Officer Date

14. 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 Date

15. Legal Counsel Review. I reviewed this Justification and Approval for Other Than

Full and Open Competition in accordance with HSAM 3004.7003 and find it legally sufficient.

Legal Counsel Date

APPROVAL:

Contracting Officer Date

Note: The Contracting Officer is the final approving official when the action does not exceed $700K and must also sign the justification when the contract is awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.

Justification and Approval for Other Than Full and Open Competition

Procuring Activity Advocate for Competition Date

Note: The Procuring Activity Advocate for Competition (PAAC) is the final approving official when the action exceeds $700K but is less than or equal to $13.5M and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest, regardless of dollar amount. Approval by the PAAC is not required if the J&A is reviewed and approved by an official designated by the Component who meets either of the criteria at FAR 6.304(a)(3)(i) or (ii). However, this exception does not apply to justifications citing FAR 6.302-7 and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 Unusual and Compelling Urgency as the authority.