FY25-036 Redacted 1-8-25_Redacted.pdf

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 twelve (12) months of service under the authority for other than full and open competition cited herein. This will extend the ordering period under Contract 70RFP419DE5000004 from January 1, 2025, through December 31, 2025, in the event all twelve months are needed. The instant action is to allow FPS to continue procuring PSO services from Triple Canopy, Inc., under contract 70RFP419DE5000004 while processing the award of the competitive follow-on task order and the necessary transition period.

This will ensure uninterrupted security services at federal facilities throughout Michigan 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 award is being finalized and will also cover the 120-day transition for the new vendor to train and meet all requirements of the contract prior to standing post. 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 twelve (12) months of additional PSO services from January 1, 2025, through December 31, 2025, 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 the FAR Subpart 6.302-1 entitled “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.

Triple Canopy, Inc., is currently performing PSO services under Contract 70RFP419DE5000004. The contract is set to expire on December 31, 2024. FPS AD is in the process of soliciting a competitive follow-on task order via Track 1 (Unrestricted) of the FPS Multiple Award Contract (MAC) for PSO services. However, due to unexpected delays throughout the Pre-Solicitation phase, the Government requires additional time to solicit the requirement, evaluate and adequately document its source selection decision prior to issuing the award of the follow-on task order, which requires a 120-day transition period to avoid a detrimental break in services.

Unexpected and unavoidable delays occurred because of multiple updates to the requirement which included a revised Scope of Work (SOW) and post exhibit. The government is currently in the pre-solicitation phase of the follow-on requirement. It is anticipated the Request For Quotation (RFQ) will be issued on January 6, 2025, and close on January 24, 2025. The follow-on requirement under this contract is estimated to be awarded on or around April 1, 2025, with an anticipated performance start date on or around August 1, 2025. The follow-on task order 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, Triple Canopy, Inc., 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 task order 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 70RFP419DE5000004, with Triple Canopy, Inc., 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 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

13. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

14. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

APPROVAL:

Head of Contracting Activity Date