Justification and Approval Redacted.pdf

Justification and Approval (J&A) For Other than Full and Open Competition

1. Contracting Activity

A. District/Division Name: B. Requesting Office:

C. Contracting Officer: D. Phone Number:

E. Requisition/MIQ Number

F. Name of the Proposed Vendor:

G. Name of POC:

H. Vendor's address:

I. POC Phone Number:

J. POC E-mail:

2. Nature and description of action.

A. Describe the action being reviewed and approved and state whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (e.g., firm-fixed-price, time and materials, labor hour, etc.)

JSD OSS

M-20-A32-R-000027

Nasatka Barrier Inc.

7702 Old Alexandria Ferry Road Clinton, MD 20735

Provide preventative maintenance (PM) and repairs for USMS nationwide active vehicle barriers.

The planned contract type is firm-fixed price/time and material. Services will be either at hourly rates or at a fixed price for performance of a specific task.

B. An individual J&A cannot be used to support more than one (1) contract, regardless of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise or the J&A supporting the basic contract must be a Class J&A. For Class J&A situations where the number of contracts in the class can be identified: (1) Provide brief general description of actions, (2) identify the document as a Class J&A, (3) identify the supplies and services that are being acquired, and (4) for each contract in the class identify the contractor; estimated value; type of contract and rationale for contract length; and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

3. Description of the supplies/services required to meet the agency's needs.

Specifically describe the supplies and/or services to be acquired including the estimated value (including options) and quantity of each item, and the estimated delivery dates/periods of performance. If there is a national authority, the document must be cited and either a web link included or a copy of the requiring document attached. Include the requirement delivery date or period of performance.

N/A

The requirement is to provide preventative maintenance (PM) and repairs for USMS nationwide active vehicle barriers to ensure the protection of the judiciary, people, and property.

Delivery dates will be identified in the preventative maintenance schedule provided by the vendor after award. Repairs will be completed on an as needed basis. Completion date will be specified in the task order.

Period of Performance is November 1, 2019 to December 31, 2019.

Estimated Value:

Preventative Maintenance - Labor (Normal business hours) - Labor (Outside Normal Business Hours) - Parts - Misc Costs -

4.

The specific paragraph must be cited. Most likely, only the -1 or -2 authorities will be cited.

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

FAR 6.302-2: An unusual and compelling urgency exists.

FAR 6.302-3: Industrial mobilization, engineering, developmental, or research capability, or expert services.

FAR 6.302-4: International agreement.

FAR 6.302-5: Authorized or required by statute.

FAR 6.302-6: National security.

FAR 6.302-7: Public interest.

5. A demonstration that the proposed vendor's unique qualifications or the nature of the acquisition requires the authority cited.

A. Indicate why only one source can provide the needed service/supply (check all that apply).

The services can only be provided from the original source since this procurement is a follow- on requirement.

The award to any other source would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition.

The services/supplies are needed immediately in order to satisfy mission requirements.

Other

B. Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here.

Keep in mind that this document is posted and that your judgment may be formally questioned and protested if your justification is insufficient or not valid.

In accordance with FAR Part 6.302-1 only one responsible source and no other supplies or services will satisfy agency requirements. There is an immediate need for preventative maintenance and barrier repairs to ensure the protection of the judiciary, people, and property.

Award to any other source would result in substantial duplication of cost to the government and unacceptable delays in fulfilling the agency's requirement. The government would not incur any additional cost or delay during a transition period to a new vendor. Nasatka has technicians that have met the USMS security requirements and are manufacturer certified to work on all USMS types of barriers. Any other source would be required to conduct a fleet inspection and evaluation of all the barriers. Nasatka has been servicing the barriers for 5 years. By awarding to the incumbent, there is not a need to conduct an additional inspection.

6. Description of the efforts to find competition

A. Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. The following issues should be addressed in this paragraph.

B. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

No efforts were taken to ensure that offers were solicited from potential sources. There is an immediate need for preventative maintenance and barrier repairs to ensure the protection of the judiciary, people, and property.

Not Applicable.

7. A determination by the Contracting Officer that the anticipated costs will be fair and reasonable.

Include a statement by the Contracting Officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

8. A description of the market research conducted and results.

Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fill the government needs with only minor modification.

Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

The Contracting Officer will seek additional discounts before awarding. The Contracting Officer shall also conduct price analysis through comparison with the IGCE, as well as, with prices found reasonable on previous award.

To avoid a lapse in service caused by a delay in awarding the National Physical Security contract. Market research was not conducted because there is an urgent need to have a contractor in place to provide preventative maintenance and repairs to ensure the protection of the judiciary, people, and property.

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

Provide any other facts supporting the use of other than full and open competition.

10. A list of sources that expressed, in writing an interest in the acquisition.

Not Applicable

Not Applicable

11. A statement of the actions, if any; the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the required services.

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be undertaken to remove the barriers to competition that have been identified in the justification and include a milestone schedule for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and give planned award date.

If there aren't any actions are planned, state such and provide justification. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

A follow-on competitive acquisition is planned. On June 4, 2019 the USMS issued a solicitation on FBO for the services being acquired. Anticipated award date was September 16, 2019.

12. Requirement for Certification

I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Justice, US Marshals Service and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief. (This signature is the requestor's supervisor, fund control point official, chief of service, someone with responsibility and accountability).

Signature: Date:

Name and Title: Program Office:

13. Contracting Officer Representative Certification (if applicable)

I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Signature:

Name and Title: Date

14. Signature and approval required for requirements regardless of dollar value.

Contracting Officer's Signature:

Name and Title: Date:

15. Signature and approval required regardless dollar value.

Supervisory Contract Specialist:

Name and Title: Date:

11/20/201

11/20/20

11/20/201

16. Signature and approval required for requirements between $700,000 and $13.5 million.

Competition Advocate Signature:

Name and Title: Date:

17. Signature and approval required for requirements above $13.5 million.

Head of Contracting Activity:

Name and Title: Date