18C0106_Maputo JA Final (SAM.gov).pdf

SBU - CONTRACTING AND ACQUISITIONS

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. The Office of Acquisition Management is conducting this acquisition for Local Guard Services for the U.S. Embassy Maputo. The requested periods of performance are identified below:

Base extension (2 months): May 22, 2024 - July 21, 2024;

Extension Option 1 (1 month): July 22, 2024 – August 21, 2024;

Extension Option 2 (1 month): August 22, 2024 – September 21, 2024;

Extension Option 3 (1 month): September 22, 2024 – October 21, 2024;

Extension Option 4 (1 month): October 22, 2024 – November 21, 2024;

Extension Option 5 (1 month): November 22, 2024 – December 21, 2024;

Extension Option 6 (1 month): December 22, 2024 – January 21, 2025;

Extension Option 7 (1 month): January 22, 2025 – February 21, 2025;

Extension Option 8 (1 month): February 22, 2025 – March 21, 2025;

Extension Option 9 (1 month): March 22, 2025 – April 21, 2025;

Extension Option 10 (1 month): April 22, 2025 – May 21, 2025;

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

The action to be approved is for the contract extension of 19AQMM18C0106 to the incumbent contactor.

The current contract for Maputo, 19AQMM18C0106 expires on May 21, 2024. The competitive solicitation, 19AQMM23R0166, was posted to SAM.gov on July 26, 2023. The follow-on contract for one (1) base year and four (4) option years is not expected to be awarded before the end of the current extension period under FAR 52.217-8. We are requesting an extension of a maximum of twelve (12) months to complete evaluations and have sufficient time for the required 90-day transition.

The Embassy, the Office of Overseas Protective Operations under the Bureau of Diplomatic Security (DS), along with AQM, seeks approval in accordance with DOSAR 617.204(e) to extend up to twelve

(12) months the current contract 19AQMM18C0106 with the incumbent for local guard services at the U.S. Mission in Mozambique. The contract extension will consist of an additional base period of 2 months and ten (10) one-month options, while contract evaluations, an award is executed, and transition is completed. Additionally, this extension will allow for availability of additional transition time if the follow-on award is protested. State Department anticipates the successful transition to be completed once the follow-on award is completed.

3. A description of the supplies or services required to meet the Department’s needs.

Local guard security services are required at the U.S. Embassy Maputo. The U.S. Embassy’s mission of conducting foreign policy must be accomplished in a safe and secure environment. The primary mission of the local guard service is to provide protection for United States personnel, facilities and equipment from damage or loss due to violent attack and theft. The local guards act as an early warning signal to the American Mission and the Regional Security Officer. The local guard services shall prevent unauthorized access, protect life, maintain order, deter criminal attacks against employees, dependents, property, terrorist acts against all U.S. assets, and prevent damage to Government property.

4. An identification of the statutory authority permitting other than full and open competition

The statutory authority is 41 U.S.C. 3304(a)(2). The regulatory authority is FAR 6.302-2, Unusual and compelling urgency

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The incumbent contractor currently providing services and possesses a valid security license. They are the only firm that can provide a complete fully vetted and equipped guard force with all necessary operating licenses and permits for the host country. They have current job knowledge and functioning operations in place to ensure continuous local guard services. To consider any other vendor would take considerable transition time to confirm licenses, transfer guard personnel, establish equipment, vet all required personnel, and stand up a fully functional guard force consistent with federal government requirements.

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

A full and open competitive solicitation notice 19AQMM23R0166 was released on SAM.gov on July 26, 2023, allowing any potential offeror the opportunity to submit a proposal. We received a total of six (6) potential offerors for the contract. However, contract award and associated transition cannot be implemented before the current contract expires. As such, a two (2) month base period and ten (10), 1-month option periods are necessary to ensure the safety and security of the Embassy. The additional timeframe associated with the contract award will permit State Department to complete the follow-on award and provide the awardee a full 90-day transition.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Analysis has been completed to establish fair and reasonable pricing before award of the contract extension. Cost analysis was conducted in accordance with FAR 15.404-1 (c) to ensure the pricing is fair and reasonable. The proposed pricing of for each labor category is in accordance with the current 6-month extension.

The Contracting Officer will not award the planned contract action unless the Contracting Officer evaluates and determines that the resultant cost/price is fair and reasonable.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

Market research was conducted, and the contracting office received proposals that are being evaluated with the potential to perform a follow-on contract and is documented in the contract file. The current contractor is the only contractor that can provide security services without disruption to the mission of the U.S. Embassy Maputo while a new contract is awarded and stood-up.

9. Any other facts supporting the use of other than full and open competition.

The U.S. Embassy Maputo cannot operate with any break in local guard services because matters of security for the U.S. Mission are of the utmost importance. A break in local guard service could cripple Mission operations, jeopardizing the mission, and possibly lives. In addition, with the current contract experiencing delays in the technical evaluation, we do not have the time to compete the award as the contract is at the end of the period of performance.

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

A solicitation notice was posted on.SAM.gov, on July 26, 2023. The USG received 5 proposals and all vendors have been reviewed and evaluated prior awarding the contract.

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 the supplies or services required.

AQM promotes competition for award of all local guard contracts. Acquisition Management published a full and open solicitation on Sam.gov for the follow-on to this requirement on July 26, 2023, and will continue to compete this requirement to the fullest practicable extent necessary for the subsequent acquisition. In addition, AQM will be vigilant in meeting Acquisition Milestones to avoid the use of future extension for the current contract. The current contract is scheduled to be awarded October 16, 2024.