BFM_APPROVAL_-_PRPD_JOFOC.doc

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Acquisition Plan # RCF-18-11008-02

Requisition #: RG02-18-1102

1. IDENTIFICATION OF AGENCY AND CONTRACTING OFFICE

Agency:

Social Security Administration (SSA) Contracting Office:

Office of the Deputy Commissioner for Budget, Finance and Management (DCBFM)

Office of Acquisition and Grants (OAG)

Contracting Officer (CO):

Joeie Tracht, Director

Division of Eastern Regional Contracts (DERC)

Office of Operations Contracts (OOC), OAG

(410) 965-9862 Program Office:

Office of the Inspector General

Center for Disability and Program Support, Region 2

26 Federal Plaza, Room 4060

New York, NY 10278

Contracting Officer’s Brian DiSanto, Program Expert Technical Representative:

(212) 264-7280

(COTR)

Proposed Contractor:

Puerto Rico Police Department

Floor 3, Office of Superintendent

Cuartel General Hato Rey

GPO Box 70166

San Juan, PR 00963

2. NATURE OF ACTION:

We seek approval for award of a sole source fixed price contract for a period of one year with four additional one-year option periods. The total cost, assuming all options are exercised, will be approximately $1,497,732.

The agency is seeking sources capable of providing fraud investigation services for the Puerto Rico Cooperative Disability Investigations (CDI) unit located in San Juan, Puerto Rico. The requirement is for investigation of suspected frauds against the agency’s Title II Disability Program in the Commonwealth of Puerto Rico.

The contractor personnel must possess the following: (1) island-wide law enforcement (arrest) authority granted under the laws of Puerto Rico in the furtherance of the mission; (2) experience using the National Crime Information Center and National Crime Bureau; (3) experience conducting undercover investigations; and (4) a license to carry a concealed weapon (must be armed).

All potential contractor employees will be required to pass a security background check before beginning performance under the award.

3. DESCRIPTION OF SERVICES AND ESTIMATED COST

This requirement is for a contractor to provide fraud investigation services for the Office of the Inspector General, CDI unit in the Commonwealth of Puerto Rico. The contractor shall provide the necessary personnel, services, equipment, and perform all tasks necessary for, or incidental to, providing the required services to investigate fraud against the agency’s Title II Disability Programs in the Commonwealth of Puerto Rico. The contractor will retain authority and responsibility over their personnel assigned to the CDI unit.

The contract has an estimated not to exceed amount of $1,497,710 The contract estimate:

$285,639 for base year, $292,795 for option year one, $299,647 for option year two, $306,319 for option year three, $313,333 for option year four.

Total: $1,497,732

4. ACQUISITION PLAN STATUS:

The acquisition plan for this procurement is RCF-18-11008-02.

5. STATUTORY AUTHORITY:

41 U.S.C. 3304(b) -- Only one responsible source and no other supplies or services will satisfy agency requirements.

Federal Acquisition Regulation (FAR) 6.302-1 -- See Section 6 below for reasons for the Statutory Authority use.

6. CONTRACTOR'S UNIQUE QUALIFICATIONS:

The Puerto Rico Police Department (PRPD) possesses the unique qualifications and capabilities to meet the project requirements and successfully carry out its objectives. The Puerto Rico Police Department is the primary law enforcement agency on the island with the duty to enforce the laws and regulations of the Commonwealth. Puerto Rico statutes prohibit other levels of government, such as municipalities, from organizing police forces. Thus, only departments or organizations of the Commonwealth of Puerto Rico have the necessary technical qualifications as defined in Item 2 of this document.

Relevant excerpts from the Laws of Puerto Rico Annotated include:

25 Laws of Puerto Rico Annotated (LPRA) §3102. Creation and duties:

“A civil organization for public order to be known as the ‘Puerto Rico Police’ is hereby created in the Commonwealth of Puerto Rico, whose duties shall be to protect persons and property, maintain and keep the public order, pursue and procure the most complete protection of the civil rights of the citizens, prevent, discover, investigate and persecute crime and, within the scope of its authority, enforce obedience of the laws and municipal ordinances and regulations promulgated thereunder…”

25 LPRA §3125. Organization of other police corps prohibited:

“No municipality, department, agency or instrumentality may organize or commission any police corps whatsoever…”

25 LPRA §3128. Contracting of police services:

“The Superintendent may enter into contracts…for security services to be rendered in addition to those already provided by the Force…” The only other department or organization of the Commonwealth of Puerto Rico that potentially possesses the technical qualifications as defined in Item 2 of this document is the Bureau of Special Investigation (BSI). The BSI’s investigative mission, however, is limited to crimes involving trafficking, use and possession of narcotics and dangerous drugs, illegal games, firearms, bribery, robbery, extortion, and money laundering.

Thus, the PRPD is the only potential contractor that possesses the unique qualifications and capabilities necessary to meet the project requirements and successfully carry out its objectives.

7. SOLICITATION EFFORTS

See Section 9.

8. REASONABLENESS OF COST:

The CO will execute a determination of cost reasonableness prior to awarding the contract.

9. MARKET RESEARCH:

· Internet search of jobs for law enforcement in Puerto Rico yielded only private industry and federal postings.

· Review of PRPD website

· Review of LPRA Title 3, Chapter 7 §138 and Chapter 14 §291 and Title 25 §3102-3128.

· Review of Constitution of Commonwealth of Puerto Rico

· Review of PR Department of Justice (DOJ) website

· A Notice of Intent for this requirement was posted to FedBizOpps from March 20, 2018 to March 30, 2018 and received zero responses.

The Puerto Rico DOJ is an Executive Branch agency responsible for representing the State in criminal and civil cases. Provisions detailing the duties and responsibilities of the PR DOJ can be found in 3 LPRA.

BSI is attached to the PR DOJ and is under direct supervision of the Secretary of Justice. The investigating personnel of the BSI do have arrest power (3 LPRA §138d). The functions assigned to the BSI do not limit the functions of the PRPD (3 LPRA §138q). The powers and functions of the BSI, however, relate strictly to investigations of drug activity and organized crime. Powers and functions of the BSI must be carried out within strictly necessary limits and with prudence and moderation (3 LPRA §138c).

10. OTHER FACTS:

The PRPD was originally described as a “quasi-military” organization of public safety (Act 26 of 1974). This was later changed to a “civil organization” in Act 53 of the Puerto Rico Police Act of 1996 to achieve uniformity. (See http://www2.pr.gov/presupuestos/Budget_2012_2013/Aprobado2013Ingles/suppdocs/baselegal_ingles/040/040.pdf Section 3).

The PRPD is demarcated into 13 regions for the purposes of achieving more effective coordination. Within the PRPD there are several divisions and bureaus including the Highway Patrol, Drugs Division, Tactical Operations Division, Motorized Impact Unit, Robbery and Bank Fraud Division, Organized Crime Bureau, Security and Protection Office, Special Arrest and Extraditions Division, and the Criminal Investigation Corps. The United Forces of Fast Action (Fuerzas Unidas de Rapida Accion) or FURA, which is another division within the PRPD, is in charge of specialized divisions that collaborate with U.S. federal agencies like the FBI, ATF and DHS, among others. FURA is divided into 6 units: Mounted Unit, Air Services, Maritime Unit, SWAT, Divers, and Rescue.

11. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION:

As stated above, this requirement was determined to be a sole source procurement and no possible vendors responded to the Notice of Intent posted on the government-wide point of entry.

12. ACTION TAKEN TO REMOVE COMPETITION BARRIER:

The agency is always looking to remove barriers to competition. In this case, however, the PRPD is the only potential contractor with the capabilities and unique qualifications necessary to carry out the objectives of the contract.

CERTIFICATION BY THE CO AND OTHER CONTRACTING OFFICIALS

The CO and other contracting officials hereby certify that the information provided in support of this justification for consideration of a limited source is accurate and complete to the best of their knowledge and belief.

RECOMMEND:

5/09/2018

Joeie Tracht

Date

CO

Director, DERC, OOC, OAG

/s/ John Andrews

5/11/2018

CONCUR:

John Andrews

Director, OOC, OAG

5/17/2018

Christian Hellie

Deputy Associate Commissioner, OAG

5/17/18

Seth Binstock

Associate Commissioner, OAG

6/11/18

APPROVE:

John Simermeyer

Competition Advocate, DCBFM Competition Advocate Review Board (CARB) Project Title:

Fraud Investigation Services for the Puerto Rico Cooperative Disability Investigations Unit

Estimated Amount:

$1,497,732

Review and discussion occurred:

Electronically

For a

____Limited Source Justification (LSJ)

_X_ Justification for Other than Full and Open Competition (JOFOC)

CARB Panel Members

General Counsel (or designee)

Date:_May 18, 2018

__X_ I concur that the justification is legally sufficient

_____I do not concur that the justification is legally sufficient

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