Apogee-SSU JA REDACTED FINAL.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.5 (April 2024)

(d) Estimated total value: $ (six (6) months)

CLIN Description Unit Price Unit Quantity Total Period of

Performance

Maintenance of New IP System

(Including Maintenance of

IDS and VIS Equipment)

MO

07/01/2024 – 12/31/2024

Note: Quantities reflect the maximum number of months that will be modified into the IDIQ contract to cover the six (6) month extension.

(e) Type of funding: Technical Countermeasures (TC) Funds

(f) Year of funding: Fiscal Year 2024 (3 Months) / 2025 (3 Months)

(g) Solicitation number: Not Applicable

(h) Background information about the requirement:

FPS AD intends to procure maintenance and service of technical countermeasure (TCM) systems services pursuant to FAR 6.302-1 as only one responsible source and no other sources will satisfy agency requirements for the continuation of TCM maintenance services at the Ronald Reagan Building (RRB), 1300 Pennsylvania Ave NW, Washington, DC (Building #DC0459)

3. Description of Supplies/Services.

The requirement is to provide the maintenance of technical countermeasure (TCM) systems services at the Ronald Reagan Building in Washington DC. The Apogee-SSU Joint Venture, LLC is currently performing under a six (6) month extension in accordance with the FAR 52.217-8 “Option to Extend Services” of competitively awarded contract 70RFP219DEC000008. The Procuring Activity Advocate for Competition (PACC) approved the initial Determination and Findings (D&F No.:

DF24-010) on December 08, 2023. Services under this contract will end on June 30, 2024. To complete the competitive procurement process and provide a transition period for the new follow-on contract, FPSAD 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 70RFP219DEC000008 from July 1, 2024 through December 31, 2024 in the event all six months are needed.

The instant action is to allow FPSAD to continue procuring TCM maintenance services from Apogee-SSU under contract 70RFP219DEC000008 to allow for the award of the competitive follow-on IDIQ contract and the necessary transition period. This will ensure uninterrupted security services at the Ronald Reagan Building 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 evaluated and awarded, as well as during the entire transition period for the new vendor to train and meet all requirements of the contract prior to contract start.

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 TCM maintenance services from July 1, 2024, through December 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.

(a) Rationale for using the authority cited in section 4 of the J&A:

The current IDIQ contract is set to expire on June 30, 2024. An award to a new vendor could result in a lapse in service and a drop in overall security jeopardizing federal government personnel, visitors, and assets.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition:

The Program Office has not yet submitted a complete procurement package to FPSAD.

Since this contract is for TCM maintenance services at a single Federal Building, no section of the services required can be segregated.

(c) Summarize alternatives considered and why they will not work:

Other firms could provide TCM maintenance services at the Ronald Reagan Building, but not by July 1, 2024. This requested extension is to ensure that the security services are uninterrupted to avoid 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.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided:

As noted above in section C, if the J&A is not approved, this will jeopardize the safety of government employees, government facilities, and its visitors.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality:

Not Applicable

Apogee-SSU is currently satisfactorily performing TCM Maintenance services under contract 70RFP219DEC000008 at the Ronald Reagan Building in Washington DC. The contract is set to expire on June 30, 2024. FPSAD is in the process of processing a competitive follow-on contract, and the follow-on procurement is currently in the pre-solicitation phase. To this date FPSAD has not yet received a complete procurement package from the Program Office. FPS AD returned the original submitted statement of work on that required multiple revisions; a finalized statement of work was not provided until . FPSAD has not yet received a complete recompete package

This follow-on effort will also require a transition period of at least 30 days from the date of award to the performance start date. As such, this extension will allow time to complete the evaluation of proposals and award, as well as provide an adequate transition period to the new effort for this requirement. In addition, the FPS Region 11 program office was prioritizing recompete packages for over ten (10) separate Multiple Award Contract (MAC) protective security officer requirements. Track #1 (unrestricted) was awarded in December 2023 with a start date of January 1, 2024. The MAC recompetes were prioritized to avoid PSO service disruption for numerous locations throughout Washington D.C., Virginia, Maryland, and the United States, and to ensure unforeseen PSO services could be processed for any urgent requirement. This recompete cycle has put a strain on both FPSAD and the FPS Region 11 Program Office, which has further necessitated delays in receiving an updated requirements package for this effort. 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 November 30, 2024, with an anticipated performance start date on or before January 1, 2025. The follow-on contract will have a transition period with a minimum of approximately 30 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 providing service at the start of performance. Due to extensive training, licensing, and transition requirements for the maintenance of the technical countermeasure (TCM) equipment at the Ronald Reagan Building, award to another vendor cannot immediately be made. If a new company were to immediately replace Apogee-SSU, a significant and severe drop in overall security would result, and Federal Government personnel, visitors, and assets would be put in jeopardy. Accordingly, it is also not feasible for any portion of the work to be segregated to allow for competition. The incumbent contractor, Apogee-SSU, is familiar with the instant requirement, facility, 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 IDIQ contract is appropriately transitioned. Functional and technologically sufficient electronic security equipment is integral to FPS’ plans to allow PSO's to respond to bio-chemical attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. Electronic security systems also mitigate threats by assisting PSO's in detecting explosive devices, firearms, hazardous materials, and suspicious packages. Finally, a functional and technologically sufficient electronic security equipment is critical for stable and uninterrupted security services at the Ronald Reagan Building.

Due to these critical roles, a modification to extend the current ordering period under contract 70RFP219DEC000008 with Apogee-SSU is required to allow placement of a new contract to provide continued services is needed to ensure uninterrupted service, a seamless transition, and to eliminate potential disruption in TCM maintenance 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 the requirement on SAM.gov on 06/17/2024, 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 reached out to the vendor on 05/07/24 to inform them that FPS intends to extend the subject contract for a period of up to six months from 07/01/2024 – 12/31/2024. The current monthly bill rate on the contract for the Maintenance of New IP System (Including Maintenance of IDS and VIS Equipment) is $ . The CO inquired if Apogee-SSU could continue to provide ESS maintenance for the 6-month extension at the current bill rate.

The Contracting Officer has determined that the proposed rate is fair and reasonable based on comparison of the estimated price to historical prices paid for the same or similar items in accordance with FAR 15.404-1(b)(2)(ii). A full price analysis will be performed within a Memo to File associated with the extension modification; however, an analysis using the current request for equitable adjustment amount subject to negotiation is as follows:

CLIN Description Unit Price Unit Quantity Total

Maintenance of New IP System (Including Maintenance of IDS and VIS Equipment)

MO

GS-06F-0013T Project Engineer

As shown above, Apogee-SSU’s wage rates are within established rates and are considerably less than the identified rates on GSA FSS price lists for similar services which GSA has determined to be fair and reasonable.

The Contracting Officer has determined that issuing the proposed extension of services to Apogee- SSU 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 is in the process of conducting 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 TCM maintenance at the Ronald Reagan Building, but not by July 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, Apogee-SSU is performing satisfactorily 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 70RFP219DEC000008 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 TCM Maintenance services under contract 70RFP219DEC000008 until the competitive follow-on contract is awarded and transitioned to start. FPSAD is still waiting on a finalized procurement package from the Program Office. FPS AD plans to make award no later than November 30, 2024, with the new award to start by January 1, 2025. The extension of the existing 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 TCM Maintenance services continue without interruption for the security of the Ronald Reagan Building to ensure the safety of government employees, government facilities, and its visitors at this location.

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