_19R0165_FBO_JA.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. The Department of State Office of Acquisition Management (AQM) is conducting this acquisition on behalf of DS/IP/OPO for local guard services at the U.S. Consulate Hong Kong for a base year plus four one-year options.

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

Approve a sole source contract award to a tri-partied joint venture consisting of G4S Secure Integration LLC, G4S Secure Solutions International Inc., and G4S Secure Solutions (Hong Kong) Limited (herein after referred to as G4S).

A competitively awarded contract for guard services is in place; however, the current contractor is unable to perform this contract under the terms, conditions, and standards required by the contract.

Mission Hong Kong, the Office of Overseas Protective Operations under the Bureau of Diplomatic Security (DS), in coordination with the Office of Acquisitions Management (A/OPE/AQM), seek approval to award a sole-source contract for local guard services at the U.S.

Consulate Hong Kong to G4S.

The subject contract will be for a base period of one year and includes four, one-year options.

3. .

Local guard security services are required to ensure a safe and secure environment for U.S.

Consulate Hong Kong to conduct its foreign policy mission. The local guard services prevent unauthorized access, protect life, maintain order, and deter criminal attacks against employees, dependents, property and terrorist acts against all U.S. assets, and prevent damage to Government property. The local guards act as an early warning signal to all Mission locations and to the Regional Security Officer.

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

The statutory authority is 41 U.S.C.253(c) (2). The regulatory authority is FAR 6.302-2, Unusual and compelling urgency.

5.

the acquisition requires use of the authority cited.

In the last two years, the Department solicited this requirement under full and open competition twice SAQMMA17R0166 and SAQMMA17R0625. During the first solicitation, only one offer was received. This offer from G4S, was deemed technically acceptable; however, the first solicitation was cancelled when negotiations could not reach a mutually agreed upon contract award.

Under the second solicitation, SAQMMA17R0653, the Department received two offers, and made an award to one of these two offerors. Unfortunately, the awardee cannot perform in accordance with the terms of the contract. The second offer received under this solicitation was from G4S. The G4S proposal was technically acceptable.

6. A description of efforts made 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 Subpart 5.2 and, if not, which exception under 5.202 applies.

Due to the urgency of this requirement, AQM will apply exception 5.202(a) (2) with regard to publicizing a notice for this requirement to preclude the chance of the Government being seriously injured by complying with the time periods specified in 5.203.

there is no reasonable expectation that there are additional responsive, responsible contractors who can legally perform these services in Hong Kong.

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

A cost analysis is required to establish fair and reasonable pricing before award of this contract.

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

In addition to the competitive solicitations, the Department conducted market research. This market research did not identify any potential security companies, beyond G4S, in Hong Kong who could legally provide these contract requirements.

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

U.S. Consulate Hong Kong cannot operate with a break in local guard services. Security for the U.S. Mission is of the utmost importance. A lapse in local guard service could cripple Mission operations and jeopardize the safety and security of the Mission and its personnel.

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

The only known sources are the two offerors from the second solicitation. As discussed, the current awardee is unable to perform the requirement satisfactorily. The second offer is from G4S, who has the capacity, the licenses required to perform in Hong Kong, and has the demonstrated ability to perform similar local guard 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. Include a statement that this J&A for other than full and open competition will be published on FedBizOpps in accordance with FAR Section 6.305 within 14 days of award (or within 30 days if the J&A is for unusual and compelling urgency.)

Under FAR Section 6.305(b), this notice will be posted on FedBizOpps within 30 days after contract award. Furthermore, A/OPE/AQM promotes competition for award of all local guard contracts. Acquisition Management is currently and will continue to compete this requirement to the fullest practicable extent necessary for the subsequent acquisition.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATON REQUIRED BY FAR 6.303-2(b):

As Technical Representative of the requiring office, I have reviewed the information provided in support of this Justification and Approval to procure using other than full and open competition. I certify that the data provided is accurate and complete to the best of my knowledge and belief.

APPROVALS