Redacted_JA FY25-00104_70RFP218DEC000015.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1)

J&A No.: FY25-00104

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Federal Protective Service (FPS), Acquisition Division (AD) proposes to extend the ordering period of predecessor Multiple Award Contract (MAC) 70RFP218DEC000015, with Golden SVCS. LLC, for Armed Protective Security Officer (PSO) services at four sites located in Washington DC on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action: FPSAD intends to procure protective security officer services on a noncompetitive basis for up to three (3) months, April 1, 2025, through June 30, 2025, to allow time to award the competitive follow-on effort and provide adequate time for transition. This action will result in a modification to extend the ordering period under the predecessor contract to allow placement of a task order (TO) modification to continue critical PSO services at the four sites in Washington DC. The task order will only be extended under this contract for the necessary length of time required, but not to exceed three (3) months. The current contract is set to expire on March 31, 2025. Two of the six sites on this task order have already been recompeted and are currently being performed under separate efforts. The follow-on effort will also require a transition period of at least 45 days from the date of award to the performance start date. As such, this extension will allow time to award the follow-on effort and provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor:

Golden SVCS. LLC 414 Old Holderford Road Kingston, TN 37763

(c) Contract type: Indefinite Delivery, Indefinite Quantity (IDIQ), Firm Fixed Price

(d) Estimated total value: $2,299,826.22 (three (3) months) takes into account the government’s need for continuity of operations and potential costs of disrupting operations. The period of performance for this extension is for up to three (3) months of additional Armed PSO services from April 1, 2025, through June 30, 2025, at an approximate value of $2,299,826.22.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) implemented by FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

5. Identification of Exception to the Buy American Statute

Not Applicable

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Golden SVCS. LLC is currently performing Armed PSO services under contract 70RFP218DEC000015. The contract is set to expire on March 31, 2025. FPS AD is in the process of soliciting a competitive follow-on effort for the remaining task order that was awarded under the predecessor MAC for PSO services at facilities located throughout Washington DC. The Government requires additional time to compete and award of the follow-on task order, which requires a minimum of a 45-day transition period.

The remaining task order, 70RFP220FREC00052, under this contract needs to be extended. The follow-on procurement is still currently in the pre-solicitation phase. Unexpected and unavoidable delays occurred due to the following circumstances: The FPS Region 11 Program Office is still finalizing the re-compete package for this effort due to numerous changes with the scope of the requirement. Furthermore, a new HQ facility was originally being added to this requirement due to its proximity to the remaining locations on this effort. FPS AD subsequently received an e-mail from a representative at the facility indicating that the lease for this new location was being canceled. The solicitation will be updated to remove this facility from this requirement, and it is anticipated that the follow-on effort will be solicited in early April 2025. It is noted that services at , which were previously under the subject order, have been solicited and awarded. This follow-on effort will also require a transition period of at least 45 days at a minimum from the date of award to the performance start date. Therefore, the circumstances listed above necessitate an extension for of the predecessor MAC contract to allow for the solicitation, evaluation, and award of the follow-on TO under the new MAC vehicle and the required transition period.

The follow-on requirement under this contract is estimated to be awarded on or before May 15, 2025, with an anticipated performance start date on or before July 1, 2025. The follow-on task order will have a transition period with a minimum of approximately 45 days from the date of award to the performance start date. This transition period enables the follow-on contractor to obtain all necessary equipment, licenses, training, and other certification/suitability requirements for its employees to be able to begin standing post at the start of performance. Due to extensive screening, training, health, licensing, and transition requirements for required for Armed PSOs under the FPS program, another Armed PSO firm cannot immediately replace the existing contractor without a significant and severe drop in overall security jeopardizing federal government personnel, visitors, and assets. Accordingly, it is also not feasible for any portion of the work to be segregated to allow for competition. The incumbent contractor, Golden SVCS. LLC is familiar with the instant requirement, facility locations, and has a fully qualified staff in place and is the only contractor at this time that can immediately fulfill the requirement without delay and interruption of services. As a result, a short-term extension of services under the current contract is necessary to ensure a seamless transition takes place from the existing requirement to the follow-on effort.

Title 40 United States Code (U.S.C.) §1315 gives DHS the responsibility to protect Federal facilities and the people thereon. Presidential Policy Directive 21 (PPD-21), and the National Infrastructure Protection Plan (NIPP) further refine DHS’s responsibility to protect buildings, grounds, and property that are owned, occupied, or secured by the Federal Government. These documents also establish U.S. policy for the protection and resilience of the Nation’s critical infrastructure and provide a framework for integrating efforts designed to enhance the safety of critical infrastructure. Given the reality of terrorist threats, it is in the best interests of DHS and the public to continue to allow the incumbent contractor to provide services until the follow-on effort is appropriately transitioned.

Effective Armed PSO services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. Armed PSO services also mitigate threats be detecting firearms, hazardous materials, and suspicious packages at these locations. Due to these critical roles, a modification to extend the current ordering period under contract 70RFP218DEC000015 with Golden SVCS. LLC is required to allow modification of the remaining task order thereunder to provide continued services to ensure uninterrupted service, a seamless transition, and to eliminate potential disruption in Armed PSO services.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

The circumstance restricting competition for this acquisition is that “only one responsible source and no other supplies or services will satisfy agency requirements,” pursuant to FAR 6.302-1. Therefore, no exception to the FAR 5.2 notification requirement applies, and FPS AD posted this requirement on SAM.gov on 3/18/2025, pursuant to FAR 5.201(b)(1)(ii). FPSAD intends to make this justification publicly available pursuant to FAR 6.305.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be

Fair and Reasonable.

The Contracting Officer has determined that the proposed rates will be fair and reasonable based on comparison of the proposed prices to historical prices paid for the same or similar items in accordance with FAR 15.404-1(b)(2)(ii). Golden SVCS. LLC submitted a revised price increase of for PSO Supervisory for the 3-month extension period, which was reviewed and determined to be fair and reasonable and in accordance with CBA 2023-586, R4, which will be incorporated via contract modification P00016. The price analysis table below shows the comparison in hourly priced rates from different contracts that were competitively awarded for PSO Armed

This requirement is for the sole purpose of issuing a modification to continue Armed PSO services under contract 70RFP218DEC000015 until the competitive follow-on effort is awarded and transitioned to start. FPS AD plans to make award no later than May 15, 2025, with the new award to start by July 1, 2025. The task order modification will only be issued under this contract for the necessary length of time required, but not to exceed three (3) months. It is essential that Armed PSO services continue without interruption for the security of several locations in Washington DC to ensure the safety of government employees, government facilities, and its visitors at these locations.

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