80SSC023CA001 JOFOC_Redacted.pdf

1 Rev.:01/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

JOHN C. STENNIS SPACE CENTER (SSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For

SPECIAL LAW ENFORECMENT AND SECURITY SERVICES FOR

JOHN C. STENNIS SPACE CENTER (SSC) AND BUFFER ZONE (BZ)

Federal Acquisition Regulation (FAR) 6.303-2(b)(1) – Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition prepared by National Aeronautics and Space Administration (NASA) Stennis Space Center (SSC).

The procuring agency is NASA, and the contracting activity is SSC.

FAR 6.303-2(b)(2) – The nature and/or description of the action being approved:

This justification provides the rationale for contracting by other than full and open competition to award a sole-source contract with the County of Hancock, Hancock County Sherriff’s Office (HCSO), for special law enforcement and patrol services within the Buffer Zone of John C. Stennis Space Center, MS. This action is a follow-on service contract. Due to the unique nature of the Buffer Zone, which is comprised of both uninhabited private and government property, private security companies are limited by law in the manner and degree to which they can secure the Buffer Zone. Private security companies, even as an agent of NASA, may not legally be present on private property for any other purpose than the specific purposes delineated in the restrictive easement document. Action by SSC’s private security firm on threats to the Buffer Zone, such as criminal or life-threatening acts, environmentally hazardous activities, conditions that degrade testing reliability, or the need to act within the Buffer Zone in response to a threat condition reported by another security layer, is limited to calling the authorities. The limitations on private security firms degrade the vital security posture SSC seeks to maintain via the “security in-depth” approach.

To have security to the outermost perimeter maintained to the extent required, Hancock County Sheriff’s Office, acting within its law enforcement powers and jurisdiction, is needed to serve as the outer perimeter (Buffer Zone) security. HCSO has lawful powers to enter onto private property, investigate threats and crimes, make arrests, and otherwise provide an outer layer of security by protecting the Buffer Zone. As a component of the “security in-depth” strategy, HCSO can immediately move to support other security forces when incidents or threats are encountered at their layer of responsibility. A key element of this approach is that HCSO will provide the permanent presence of police power, particularly to detain, investigate and arrest, that SSC contracted civilian security does not have the authority to exercise within the Buffer Zone. As such, only HCSO can ffectively secure the outer perimeter. This portion of SSC’s security needs must be filled under a sole source contract.

Rev.:01/2021

This requirement represents a small portion of SSC’s overall security requirement.

Consequently, a sole source contract has a very minimal impact on the open market interest in the security work at SSC.

3. FAR 6.303-2(b)(3) – A description of the supplies or services required, to meet the Agency’s needs (including the estimated value):

SSC is America's largest rocket engine test complex and is surrounded by a 125,000 acre acoustical Buffer Zone, which is considered a national asset. Additionally, the Buffer Zone surrounding SSC has been designated “supporting infrastructure” to the NASA Critical Infrastructure (NCI) located inside the Fee Area at SSC. The Buffer Zone is vital to the ability of SSC to safely perform sensitive and hazardous rocket engine testing. SSC does not have a security fence surrounding the entirety of its critical infrastructure and relies on the Buffer Zone to provide in-depth security to NASA’s activities at the site. Because the Buffer Zone is easily accessible by the public, particularly to those who own property within, conditions and activities can occur that threaten the ability of SSC to conduct its mission (e.g., acts of terrorism and security emergencies, criminal or life-threatening acts, environmentally hazardous activities, conditions that degrade testing, easement encroachment and reliability).

Homeland Security Presidential Directive (HSPD) 7 “Critical Infrastructure Identification, Prioritization, and Protection,” directs every Government agency to establish a program to identify critical essential infrastructure and key resources, evaluate these assets for vulnerabilities, and fund and implement appropriate security enhancements (procedural and physical) to mitigate vulnerabilities. NASA implements such a program under NASA Procedural Requirements 1600.1 (NPR 1600.1). Under these guidelines, the Buffer Zone is considered a supporting infrastructure or “interdependency” to the National Critical Infrastructure at SSC.

To protect the mission of SSC, the Buffer Zone will be secured by a security in-depth approach whereby perimeters of security are established from within the Fee Area at SSC to the outermost perimeter. The largest part of SSC’s security posture is maintained under a contract awarded through full and open competition to a private security firm. This component of the security strategy is concentrated on the inner perimeters. To complete the requirement for in depth security, an outer perimeter of dedicated security is required. This requirement establishes the outer perimeter by means of dedicated patrols conducted in the Buffer Zone 24 hours per day, 365 days per year.

This action provides for continuation of special law enforcement and border patrol of the Government’s restrictive easement area at SSC. The period of performance of this contract will be for five years from date of award (1 year Base with 4 Option years). HCSO will provide special law enforcement services that include: patrolling approximately 250 miles of roads within SSC’s Buffer Zone 24 hours a day, 7 days a week; discouraging individuals from overnight camping or otherwise violating the terms of the Government’s restrictive easement; providing escort and support services to the U.S. Army Corps of Engineers for enforcing the restrictive easement; and reporting any damage, cutting of fences, cutting of timber, or any dumping of trash.

The total estimated cost of this effort is $l.9M. This was derived from both historical data and inflation. There are very small changes from the previous Statement of Work. Period of Performance is December 28, 2022, to December 27, 2027.

4. FAR 6.303-2(b)(4) – An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304 (c)(1), as implemented by FAR 6.302- 1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. FAR 6.303-2(b)(5) – A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The rationale supporting the use of 10 U.S.C. 2304 (c)(1) is as described below.

SSC is under the proprietary law enforcement jurisdiction of the Sheriff of Hancock County.

No other commercial activity, State, or local law enforcement agency has the legal authority to provide specific and special law enforcement within SSC’s particular boundaries and jurisdiction. Neither may they enforce criminal and civil laws enacted by the legislature, by and within the State of Mississippi. This is a follow-on service contract.

Security patrols of the Buffer Zone are needed to protect critical infrastructure and property.

Due to the unique nature of the Buffer Zone, which is comprised of both uninhabited private and government property, private security companies are limited by law in the manner and degree to which they can secure the Buffer Zone. Private Security companies, even as an agent of NASA, may not legally be present on private property for any other purpose than the specific purposes delineated in the restrictive easement document. Action by SSC’s private security firm on threats to the Buffer Zone, such as criminal or life-threatening acts, environmentally hazardous activities, conditions that degrade testing reliability, or the need to act within the Buffer Zone in response to a threat condition reported by another security layer, is limited to calling the authorities. The limitations on private security firms degrade the necessary security posture SSC seeks to maintain via the security in-depth approach.

To have security to the outermost perimeter maintained to the extent required, HCSO, acting within its law enforcement powers and jurisdiction, is needed to serve as the Buffer Zone security. HCSO has lawful powers to enter onto private property, investigate threats and crimes, make arrests, and otherwise provide an outer layer of security by protecting the Buffer Zone. As a component of the security in-depth strategy, HCSO can immediately move to support other security forces when incidents or threats are encountered at their layer of responsibility. A key element of this approach is that HCSO will provide the permanent presence of police power, particularly to detain, investigate, and arrest, that SSC contracted civilian security do not have the authority to exercise. As such, only the HCSO can effectively secure the outer perimeter. This portion of SSC’s security needs must be filled under a sole source contract. This requirement represents a small portion of SSC’s overall security requirement. Consequently, a sole source contract has a very minimal impact on the open market interest in the security work at SSC.

6. FAR 6.303-2(b)(6) – A description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies:

A notice to the Government Point of Entry (GPE) website (Sam.gov) was published on June 29, 2022, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole source contract to the Hancock County Sherriff’s Office.

7. FAR 6.303-2(b)(7) – A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer’s signature on this document indicates that the Contracting Officer has determined that the anticipated cost to the government will be fair and reasonable. The Contractor shall be required to submit a proposal to be evaluated and negotiated by the Government. Prior to execution of the contractual instrument, a proposal analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable. The estimated cost is deemed realistic based on past performance and cost for same/similar services.

8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons a market research was not conducted:

An announcement was published in SAM.gov on June 29, 2022, with a response due date of July 14, 2022, expressing the government’s intent to award the subject requirement to HCSO.

The announcement further stated that all responsible sources may submit a capability statement which shall be considered by NASA. No sources submitted capability statements in response to the synopsis.

9. FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition:

No other organizations have the statutory authority to exercise police power in the enforcement of State or Federal law. SSC’s security contractor does not currently have federal arrest authority outside of SSC’s Fee Area. The only role SSC’s security services may take with regard to special enforcement situations is to notify and assist HCSO.

Consequently, special law enforcement services are only obtainable from HCSO, which does possess all the powers and authority required to perform the services described herein.

For SSC to effectively establish the security posture necessary to maintain in-depth security, it will need HCSO to provide daily 24 hour dedicated patrol services in the Buffer Zone. The services are to provide in-depth security and enforce the easement for the Buffer

Zone. This will require enough deputies dedicated to this duty to maintain uninterrupted 24-hour coverage. To maintain effective security, these deputies will have to respond to directives of SSC security and coordinate their activities to maintain an in-depth presence.

Under this contract, HCSO, rather than operating solely at the discretion of the County as an external police force, will be an integral part of SSC’s security effort fulfilling SSC security directives while providing enforcement powers not currently available to SSC’s other contracted security force. A specific Deputy will be dedicated to SSC’s security mission, and that deputy will have all the resources of the HCSO available to him/her including such assets as the Special Weapons and Tactics (SWAT) Team and Marine Patrol Unit.

HCSO can only provide this dedicated effort under a contractual relationship with SSC.

Normally, HCSO will respond to SSC’s calls for help as it would for any citizen. The response would be on a subject to availability basis. A deputy would be dispatched to SSC only if there was one available. Otherwise, the first deputy to become available would be dispatched to SSC but only if there were no calls ahead of SSC’s.

The need for deputies (1 per shift) dedicated solely to in-depth security of SSC and performing under the direction of SSC is above and beyond HCSO’s statutory mandate or customary practice. As such, this requirement is a special law enforcement requirement which can only be filled by HCSO. This type of special service is only lawful for HCSO to provide to another Government entity. Through its lawful use of police power, HCSO will provide in-depth security to SSC over and above what can be achieved through use of a private security firm.

10. FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

A notice of NASA’s intent to award this sole-source action was synopsized on the GPE website (Sam.gov) per FAR Subpart 5.2 (See Section 6 above) on June 29, 2022, with responses due no later than 11:00 a.m. CDT July 14, 2022. No sources submitted capability statements in response to the synopsis.

11. FAR 6.303-2(b)(11) – A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The Agency will continue to review the market to ensure all potential offerors are afforded an equal opportunity before executing any subsequent acquisition for subject requirement.

SPECIAL LAW ENFORECMENT AND SECURITY SERVICES FOR

JOHN C. STENNIS SPACE CENTER (SSC) AND BUFFER ZONE (BZ)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

Technical Representative: I certify that the facts presented in this justification are accurate and complete.

Chief, Center Protective Services Technical Representative

Contracting Officer: I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

Contracting Officer

CONCURRENCE:

Procurement Officer

APPROVED:

Competition Advocate