JA_Urgency_GuatemalaBelize_Approved_Redacted.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

PURSUANT TO FAR SUBPART 6.3

1. Identification of the agency and the contracting activity:

This is a justification for other than full and open competition for an acquisition being conducted by the Department of State, Office of Acquisition Management, International Programs Division, International Narcotics and Law Enforcement Branch. The benefitting program is INL in Guatemala and Belize.

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

This contract action will be modification 35 to existing task order 19AQMM18F4448 under IDIQ 19AQMM18D0143. The current task order is held by ATSG, a small business.

This modification will mirror the structure of the current contract in terms of contract type by CLIN. The current effort is a hybrid contract composed of the following contract types:

- Labor Hour: 71%

- Cost Reimbursable: 18%

- Firm Fixed Price: 11%

This is the first time that an interim award on the basis of urgency has been issued against this task order.

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

(including estimated value).

The requirement is to provide an array of advisory and assistance services for policing expertise in Guatemala and Belize. The estimated value for this modification is for a base period of three months plus additional option periods totaling 12 months of possible additional services. These services currently include over 50 third party contractors that provide subject matter expertise and associated administrative work to support all ongoing INL programs in Guatemala and Belize. Continuation of this contract will enable INL projects with the Governments of Guatemala and Belize, including police training and justice sector reform, to operate without disruption.

4. An identification of the statutory authority permitting other than full and open competition. This acquisition is conducted under the authority of 41 U.S.C. 3304, as implemented by FAR 6.3 and substantiated by the following:

FAR 6.302-2 – Unusual and compelling urgency.

The Contracting Officer cannot award the follow on IDIQs until the SBA adjudicates two separate size status protests. This is preventing the CO from recompeting the Guatemala and Belize task order. Work under this task order must continue without interruption. Otherwise INL operations in Guatemala and Belize will effectively come to a halt which is not an option.

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

ATSG is uniquely qualified to provide these services to based upon the following:

a. ATSG is the current task order holder for Guatemala and Belize. They have an established, in country Program Management Office and are the current employer of all TPCs that are working at Missions Guatemala and Belize for INL programs. All ATSG employees have visas and clearances that are tied to their employment status on the ATSG contract. In order to remain working in country, they need a valid employer who is registered to do business in Guatemala and Belize. ATSG has valid business licenses in both countries.

b. ATSG has been performing well under this task order, most recently receiving CPARS ratings.

c. At this stage in the IDIQ recompete process, the CO is unable to award the follow on IDIQs due to a size status protest with the SBA. Eight (8) small business vendors provided offers in response to the IDIQ solicitation. The Source Selection Authority has selected two responsible vendors as apparent awardees for the follow-on action.

6. A description of efforts to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

The parent IDIQ for a follow-on task order award for this effort was synopsized on May 8, 2023. The CO received capabilities statements from several qualified vendors. Based on the size standards of the responsive vendors, the CO elected to compete the IDIQ as a small business set aside. The resultant award will be a multiple award IDIQ, covering advisory and assistance services for countries in Central and South America. However, before the CO could make IDIQ award to the two apparent successful offerors, the CO received size status protests for both offerors.

8 small business vendors have expressed interest in this effort. The program office determined that at least 3 of those vendors were capable of performing the work. These vendors were . While ATSG and Olgoonik were both found to provide best value to the Government, the CO cannot make a follow-on award to either of these businesses until the SBA adjudicates the two size status protests. And because the CO cannot award the IDIQ, the CO also cannot compete the task order for the current effort under the IDIQ. Since ATSG is the current vendor in country, ATSG is the only company capable of standing up a labor contract in time to perform the existing work. The ongoing protest time period has eaten into the 45-day transition timeline required for a new vendor to stand up in Guatemala and Belize.

The CO did not publicize a separate synopsis for the extension of the existing contract because the work had already been synopsized for the follow-on contracts. The Government had no intention of soliciting from only one source for the new IDIQs and subsequent task order.

The CO conducted market research for the follow-on effort by evaluating pricing for the current effort and for similar staffing contracts in the region. As stated above, the CO also posted a synopsis/sources sought to determine the nature of the appropriate set aside for the current effort.

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

The Contracting Officer has determined the anticipated price to the Government for the services covered by this J&A will be fair and reasonable based on the pre-negotiated IDIQ rates that cover the affected task order. The incumbent vendor has agreed to honor the existing labor rates for the one year extension proposed under this J&A.

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

8. A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

As stated above in Section 6, the Contracting officer synopsized the current requirement for advisory and assistance services for policing expertise in Central and South American on May 8, 2023. Interested vendors were given a month to provide capabilities statements. The Contracting Officer received responses from the following companies:

After review, the Program Office found all eight vendors capable of performing at least a portion of the work. Their socioeconomic categories included SDVOSBs, Small Businesses, Alaskan Native, and Tribally Owned companies. While their size standards met the rule of two for SDVOSBs, only one of those companies (ATSG) was capable of performing the entire scope of work. Therefore, the CO decided to issue the solicitation as a total small business set aside in order to not limit competition.

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

The IDIQ for the follow-on award is ready for award as soon as the SBA adjudicates the size status protest. At that point, the follow-on effort for this Guatemala and Belize task order will be competed between both IDIQ holders.

The acquisition plan for award of the task order for Guatemala and Belize includes milestones with agreed upon durations for the tasks associated with the task order competition. From request for task order proposals to task order standup requires 80 days, based on the established milestones. The Department of State expects a decision from the SBA on the size protests by not later than April 9, 2024. If the request for task order proposals is issued on April 10 after IDIQ awards are finalized, the milestones do not project task order stand up any earlier than Monday July 1, 2024. The current task orders services, if not extended, will lapse after April 17, 2024. A lapse in services would cause unacceptable harm to INL’s operations in Guatemala and Belize.

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

The following companies submitted proposals in response to solicitation

19AQMR23R0007:

All of these offerors were given fair opportunity as small businesses to propose to the above solicitation and were evaluated by the Technical Evaluation Panel.

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.

The follow-on IDIQ for this effort is ready for award as soon as the size status protest is adjudicated by the SBA. At that point, the CO will award the IDIQ and immediately issue the request for Task Order Proposal to the winning IDIQ holders.

This extension to the current task order based on urgency will be issued for as little time as possible. The CO will include a 3-month base period, 3-month option period, plus three additional 2- month option periods. The option periods will only be exercised in the event of an award protest of the IDIQ(s), protest of the forthcoming new Guatemala/Belize task order, or as needed to transition and standup the task order under the new IDIQ award(s).

DIVISION DIRECTOR

SIGNATURE: (if over $750,000)

Reaver Clements Date Division Director

A/OPE/AQM/IP

LEGAL SUFFICIENCY REVIEW (if over $750,000)

This justification is hereby determined to be legally sufficient.

SIGNATURE:

John Cox Date Attorney Advisor Office of the Legal Adviser, Buildings and Acquisitions (L/BA)

DEPARTMENT COMPETITION ADVOCATE REVIEW AND CONCURRENCE - FAR 6.502(a)(2) (if over $750,000)

SIGNATURE:

Sharon James Date Competition Advocate

REAVER L

CLEMENTS

Digitally signed by REAVER L

CLEMENTS

Date: 2024.04.05 11:27:58 -04'00'

John W Cox Digitally signed by John W Cox Date: 2024.04.05 12:54:52 -04'00'

Sharon D.

James

Digitally signed by Sharon D. James Date: 2024.04.10 11:58:28 -04'00'