MD PSO JA - FY24-052_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY24-052

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 Contract 70RFP318DE3000002, with CDA Incorporated dba MaxSent, for Armed Protective Security Officer (PSO) services at various sites throughout the state of Maryland on the basis of other than full and open competition.

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

(a) Nature of action: FPS intends to procure Protective Security Officer services on a noncompetitive basis for up to six (6) months, February 1, 2024 through July 31, 2024, to allow time to finalize award of the competitive follow-on contract and provide adequate time for a 120-day transition. This action will result in a modification to extend the ordering period of the current contract to allow placement of a task order to continue critical PSO services throughout Maryland. The task order will only be issued under this contract for the necessary length of time required, but not to exceed six (6) months. The current contract is set to expire on January 31, 2024. The follow-on procurement is currently in the pre-award phase. Additional time is needed in order to finalize the evaluation of proposals and make a best value award determination. This follow-on effort will also require a transition period of 120 days from the date of award to the performance start date. As such, this extension will allow time to complete the award and provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor.

CDA Incorporated dba MaxSent 185 Admiral Cochrane Drive Suite 220 Annapolis MD 21401

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

(d) Estimated total value: Six months -

Period of Performance

Hours Rate Total

PSO 02/01/2024 – 250,000

Services 07/31/2024

PSO 02/01/2024 – 2,125

Supervisory 07/31/2024 Hours

Total *PSO Services rate is based on current FAR 52.217-8 six-month extension rate plus pending SCA of and proposed increase by MaxSent received on January 17, 2024.

(e) Type of funding: Operations and support funds

(f) Year of funding: Fiscal Year 2024

(g) Solicitation number: Not Applicable

(h) Background information about the requirement: FPS AD intends to obtain services pursuant to FAR 6.302-1 as only one responsible source and no other sources will satisfy agency requirements for the continuation of PSO services at facilities throughout the state of Maryland.

3. Description of Supplies/Services.

The requirement is to provide Armed PSO services at locations throughout the state of Maryland. CDA Incorporated dba MaxSent is currently performing under the six (6) month option period available under FAR Clause 52.217-8 of competitively awarded contract 70RFP318DE3000002. The Procuring Activity Advocate for Competition (PAAC) approved the initial Determination & Finding (D&F) to exercise the option available under FAR 52.217-8 on July 19, 2023 for the period of August 1, 2023 to January 31, 2024. To complete the competitive procurement process and provide a transition period for the new follow-on contract, FPS AD finds it necessary to request approval for up to an additional six (6) months of service under the authority for other than full and open competition cited herein. This will extend the ordering period under Contract 70RFP318DE3000002 from February 1, 2024, through July 31, 2024, in the event all six months are needed.

The instant action is to allow FPS AD to continue procuring PSO services from CDA Incorporated dba MaxSent under contract 70RFP318DE3000002 while processing the award of the competitive follow-on contract and the necessary transition period. This will ensure uninterrupted security services at federal facilities throughout the state of Maryland between the expiration of the existing contract and the start of full performance by the successful awardee under the follow-on effort. The proposed sole source extension will ensure services are provided while the award is being finalized and will also cover the 120-day transition for the awardee to meet all requirements of the contract prior to standing post. The solicitation for the competitive follow-on contract has already been issued and closed. The technical evaluation has concluded, and the procurement is currently in the final stages of the pre-award phase (i.e., finalizing evaluation of the proposals received and documenting the source selection decision). The requirement fulfills an existing government need and the extension of the existing contract is the most advantageous and only practical method of fulfilling the government’s need, price, and other factors considered. This contract extension also 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 six (6) months of additional PSO services from February 1, 2024, through July 31, 2024; at an approximate value of

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.

CDA Incorporated dba MaxSent is currently satisfactorily performing PSO services under Contract 70RFP318DE3000002 at various sites throughout the state of Maryland. The contract is set to expire on January 31, 2024. FPS AD is in the process of awarding a competitive follow-on contract which was solicited via full and open competition under Request for Proposal (RFP) 70RFP323RE3000004 on June 1, 2023 and closed on August 29, 2023. However, due to unexpected delays throughout the pre-solicitation, solicitation and evaluation process, the government requires additional time to complete its evaluation and adequately document its source selection decision prior to issuing the award of the follow-on contract, which requires a 120-day transition period in order to avoid a detrimental break in services.

Unexpected and unavoidable delays occurred as a result of the following circumstances:

(1) During the pre-solicitation phase of this procurement, FPS AD received a revised package from the Program Office. In the pre-solicitation business memo, FPS AD had initially projected solicitation date of January 5, 2023; however, FPS AD received the revised requirements from the Program Office on January 25, 2023. This incurred delays on preparing the solicitation and allowing sufficient time for all appropriate levels of review. As a result, the procurement milestones were delayed 20 days;

(2) The request for approval of DHS Form 700-22 was submitted to the Office of Small and

Disadvantaged Business Utilization (OSDBU) by the Contract Specialist on December 13, 2022. The prior procurement was a Total Small Business set aside; however, market research determined that the follow-on procurement would be unrestricted as full and open competition. Special scrutiny was given by OSDBU to determine whether small set aside was required for the follow-on procurement. The extra consideration required additional research, analysis and meetings. The DHS Form 700-22 was approved by the SBA Procurement Center Representative on April 4, 2023 after initial submission. This resulted in a delay of four (4) months.

(3) The initial solicitation was posted on June 1, 2023 with July 1, 2023 proposal deadline.

During the solicitation, extensive questions were received from industry and substantial revisions delayed the process significantly. Upon receiving questions from industry, Amendment 0001 and Amendment 0002 were issued on June 15, 2023 and June 29, 2023 respectively to extend the due dates for questions and proposals. On July 11th and July 20th, 2023, Amendment 0003 and Amendment 0005 were issued at request by the customer to add new requirements, such as CLIN, new facility and new training requirements, and to provide documentation omitted from the original solicitation.

Amendments 0006 through 0010 were issued to extend deadlines, answer questions, and provide updated exhibits for accurate proposals. The solicitation closed on August 29, 2023. These unforeseen issues and amendments resulted in the closing date to be extended in order to allow industry sufficient time to review the responses as well as the revised solicitation documents. As a result, the procurement milestones were delayed two

(2) months.

(4) Due to the delay during the solicitation phase, the evaluation phase encountered competing priorities such as end of year actions needing to be completed before the FY23 fiscal year close. In addition, the Program Office had to divert resources to support unanticipated events, such as protests. The government required additional time to complete its evaluation of all proposals received for unrestricted full and open competition and adequately process procurement actions to award the follow-on contract.

The increased focus on the operational priorities, such as end of year requirements and protests, took precedence over this recompete action, thus causing delays with the completion of the evaluation.

The follow-on requirement under this contract is estimated to be awarded on or around February 29, 2024, with an anticipated performance start date on or around July 1, 2024.

The follow-on contract will have a maximum transition period of 120 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 certifications/ suitability requirements for its employees to be able to begin standing post at the start of performance.

Due to extensive screening, training, licensing, and transition requirements for PSOs under the FPS program, another PSO firm cannot immediately replace the existing contractor without a severe and unacceptable degradation in overall security jeopardizing federal government personnel, visitors, and assets. For these reasons, it is also not feasible for any portion of the work to be segregated to allow for competition. The incumbent contractor, CDA Incorporated dba MaxSent, 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 or 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 therein. 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 contract is appropriately transitioned. Effective PSO services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. PSO services also mitigate threats by detecting firearms, hazardous materials, and suspicious packages at these locations. Due to these critical roles, a modification to extend the current contract 70RFP318DE3000002 with CDA Incorporated dba MaxSent is required to allow placement of a new contract to provide continued services to ensure uninterrupted service, a seamless transition, and to eliminate potential disruption in 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 requirement 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 will post this requirement on SAM.gov on 1/16/2024, pursuant to FAR 5.201(b)(1)(ii).

FPS AD 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 hourly rates of and , received from CDA Incorporated dba MaxSent as of January 17, 2024, are fair and reasonable based on comparison of the proposed prices to historical prices paid for the same

The agency has conducted market research for the new requirement and is familiar with the other potential sources and their qualifications. Based on our market research, other PSO firms could not provide PSO services at the Maryland locations within the required timeframe. Due to the extensive requirements to obtain all necessary equipment, licenses, training, certifications, suitability requirements, licensing, and transition requirements for its employees to be able to begin standing post at the start of performance, another PSO firm cannot immediately replace the existing contractor without a severe and unacceptable degradation in overall security jeopardizing federal government personnel and its assets.

Accordingly, no other contractor can provide the services without an unacceptable interruption in service at this time.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

Since it is essential that service continue without interruption for the security of the facilities, its tenants, its visitors, and the fact that CDA Incorporated dba MaxSent is performing satisfactorily as documented under the Contractor Performance Evaluation Assessment Report System (CPARS), it is in the best interest of the government to extend contract 70RFP318DE3000002 for up to six months with the current contractor and allow 120 day transition once the new contract is awarded.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

Not Applicable.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any

Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

This requirement is for the sole purpose of issuing a modification to continue PSO services under Contract 70RFP318DE3000002 until the competitive follow-on contract is awarded and transitioned to start. The agency is currently processing a follow-on requirement which is taking longer than originally projected due to unanticipated issues. The agency plans to make award on or around February 29, 2024, with performance under the new award to start on or around July 1, 2024. The task order will only be issued under this contract for the necessary length of time required, but not to exceed six (6) months. It is essential that services continue without interruption for the security of federal facilities throughout the State of Maryland to include government personnel and visitors at these locations.