JA FY25-021_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY25-021

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 70RFP319DE3000001, with CDA Inc. Doing Business As (DBA) MaxSent, for Armed Protective Security Officer (PSO) services throughout Southern New Jersey (excluding the counties of Essex, Hudson, Middlesex, Monmouth, Morris, Passaic, and Union) 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 six (6) months, December 1, 2024 through May 31, 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 current contract to allow placement of a task order to continue critical PSO services at locations in the Southern New Jersey area. The task order will only be extended 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 November 30, 2024. The follow-on procurement is currently in the evaluation phase with proposals received by the Government. This follow-on effort will also require a transition period of 90 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:

CDA Inc. (DBA: MaxSent) 185 Admiral Cochrane Drive Suite 220 Annapolis, MD 21401

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

(d) Estimated total value: $2,693,891.00 (six (6) months)

3. Description of Supplies/Services.

The requirement is to provide Armed PSO services at 19 government buildings in the Southern NJ area. The contractor shall continue to provide and maintain all management, supervision, manpower, training, equipment, supplies, licenses, permits, certificates, insurance, pre-employment screenings, reports, files and any other resources necessary to accomplish PSO services. MaxSent is currently performing under a six (6) month option period available under FAR 52.217-8, Option to Extend Services, of competitively awarded contract 70RFP319DE3000001. The Procuring Activity Advocate for Competition (PACC) approved the initial Determination & Findings (D&F) to exercise the option available under FAR 52.217-8 on for the period of performance starting on June 1, 2024 and ending November 30, 2024. To complete the competitive procurement process and provide a transition period for the new follow-on effort, 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 70RFP319DE3000001 from December 1, 2024, through May 31, 2025, in the event all six months are needed.

The instant action is to allow FPS AD to continue procuring Armed PSO services from MaxSent under contract 70RFP319DE3000001 to enable FPS to award of the competitive follow-on contract and the necessary transition period. This will ensure uninterrupted security services at several locations in the Southern NJ area between the expiration of the existing contract and the start of full performance by the successful vendor under the follow-on effort. The proposed sole source extension will ensure services are provided while the evaluation and award process are completed as well as the entire 90-day transition period for the new vendor to train and meet all requirements of the task order prior to the PSOs standing post. The requirement fulfills an existing Government need, and the extension of the existing contract is the most advantageous 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 Armed PSO services from December 1, 2024, through May 31, 2025, at an approximate value of $2,693,891.00.

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.

MaxSent is currently performing Armed PSO services under contract 70RFP319DE3000001 at locations in the Southern NJ area. The contract is set to expire on November 30, 2024. FPS AD is in the process of processing a competitive follow-on contract. This follow-on effort will also require a transition period of at least 90 days at a minimum from the date of award to the performance start date of the new effort. As such, this extension will allow time to complete the award and provide an adequate transition period to the new effort for this requirement.

Unexpected and unavoidable delays occurred due to the following circumstances: 1) extensive market research with additional time for thorough review of RFI responses to determinate the appropriate acquisition strategy, and 2) the solicitation being extended from 30 days to 112 days due to changes in the requirement. The changes included updates to the Scope of Work (SOW) and exhibits related to Training and Academy Management System (TAMs) and post relief requirements. These mandatory FPS-wide changes are a result of operational requests made by multiple customers and were out of the control of both the CCG and Program Office. Therefore, the circumstances listed above necessitates an extension of the incumbent contract to allow for the evaluation and award of the follow-on contract and the required transition period.

The follow-on requirement under this contract is estimated to be awarded on or before January 31, 2025, with an anticipated performance start date on or before May 1, 2025. The follow-on task order will have a transition period with a minimum of approximately 90 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, 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 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 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 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 by 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 70RFP319DE3000001 with MaxSent is required to allow placement of a new task order 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 11/14/2024, 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). There is currently a pending Service Contract Labor Standards (SCLS) wage adjustment under contract 70RFP319DE3000001 for the last CBA increase effective 6/1/2024. MaxSent has stated that they will be willing to accept the extension at the current contract hourly rate provided the SCLS that will be negotiated is applied to the J&A extension.

Therefore, MaxSent has proposed $59.58 for this J&A extension. The price analysis table below shows the comparison in hourly priced rates from different contracts that were competitively awarded for PSO Armed Guard Services in FPS East Zone to the proposed rate for the J&A period. All contracts have similar Statements of Work and similar training/certification requirements as they are all for Armed PSO services.

Contractor Contract Number Location Basic

Hourly Rate

Difference From Current

Contract MaxSent 70RFP319DE3000001 Diversified Protection Services

70RFP119DE1000003

The Whitestone Group 70RFP324DE3000001

Allied Universal Security Services

70RFP318DE3000003

Note: As Basic PSO Services make up 98% of the work required, only the Basic PSO hourly rates were utilized in this analysis.

. As CBAs are in place under this contract, any other contractor would be required to pay PSOs the same wages and fringe benefits as the current contractor, MaxSent, is currently paying its PSOs. In accordance with FAR 15.403-1(b)(3), no certified cost or pricing data will be required because the service is commercially available to the general public.

The Contracting Officer has determined that issuing the proposed extension of services to MaxSent will result in the most advantageous method of fulfilling the government’s need, price, and other factors considered. This extension also takes into account the government’s need for continuity of operations and potential costs of disrupting operations.

9. Description of Market Research.

FPS AD has conducted its market research for the new requirement and is familiar with other potential sources and their qualifications. Based on our market research, other firms could provide Armed PSO Services at several locations in the Southern New Jersey area, but not by December 1, 2024, causing unacceptable delays or potentially jeopardizing the safety of government employees, government facilities, and its visitors. 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 services continue without interruption for the security of the facilities, its tenants, and visitors, and the fact that the current contractor, MaxSent is performing as documented under the Contractor Performance Evaluation Assessment Report (CPAR), it is in the best interest of the government to extend the ordering period for up to six (6) months under contract 70RFP319DE3000001 with the current contractor.

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 Armed PSO services under contract 70RFP319DE3000001 until the competitive follow-on effort is awarded and transitioned to start. The agency received a requirements package for the follow-on on January 16, 2024. This package was changed multiple times by the program office while the solicitation was out on the street. Changes were made as recently as August to; update the post exhibit, increasing the annual PSO hours of the requirement, adding a ESS CLIN, and updating the SOW. FPS AD plans to make award no later than January 31, 2025, with the new award to start by May 1, 2025. This extension of service 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 Armed PSO services continue without interruption for the security of several locations in the New Jersey area to ensure the safety of government employees, government facilities, and its visitors at these locations.

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