JA FY24-00224_updated FINAL_Redacted.pdf

J&A FY24-00224

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

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 70RFP318DEH000001, with Triple Canopy Inc. for Dispatch and Alarm Monitoring services at three (3) MegaCenter locations throughout the United States to include Philadelphia, PA, Denver, CO and Battle Creek, MI and one (1) Command Security Operations Center (CSOC) at St. Elizabeth’s Campus in Washington, DC on the basis of other than full and open competition.

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

(a) FPS AD intends to procure Dispatch and Alarm Monitoring services on a noncompetitive basis for up to three (3) months from June 30, 2024 through September 30, 2024, to allow time to finalize award of the competitive follow-on contract and provide adequate time for a 60-day transition period. This action will result in a modification to extend the ordering period of the current contract to allow placement of task orders to continue critical Dispatch and Alarm Monitoring services for federal facilities. The task orders will be issued under the contract for the necessary length of time required, but not to exceed three (3) months. The current contract is set to expire on June 29, 2024. The follow-on procurement is currently in the final stages of the pre-award phase. Additional time is needed in order to allow for mandatory legal reviews for a procurement of this complexity and magnitude. This follow-on effort will also require a transition period of 60-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:

Triple Canopy, Inc.

13530 Dulles Technology Dr, Ste 500 Herndon, VA 20170

(c) Contract type: Labor Hour

(d) Estimated total value (including options).

Item Number Description

Hour Price Total Price

Option to Extend Services Denver, CO MegaCenter Administrative Assistant - OCC 01020 Not to Exceed (NTE) Labor Hour Support Ceiling 512

6043 Option to Extend Services Not to Exceed (NTE) Other Direct Costs and Travel ODC/Travel Burden Rate 3.50% 1

6044 Option to Extend Services Not to Exceed (NTE) Emergency Support Services (ESS) 1

Option to Extend Services Philadelphia, PA MegaCenter Telecommunication Supervisor Not to Exceed (NTE) Labor Hour Support Ceiling 4416

Option to Extend Services Philadelphia, PA MegaCenter Alarm Monitor/Telecommunicator - OCC 27004 Not to Exceed (NTE) Labor Hour Support Ceiling 19872

Option to Extend Services Philadelphia, PA MegaCenter Data Analyst I Not to Exceed (NTE) Labor Hour Support Ceiling 512

Option to Extend Services Philadelphia, PA MegaCenter Data Analyst II Not to Exceed (NTE) Labor Hour Support Ceiling 3072

Option to Extend Services Philadelphia, PA MegaCenter Project Manager Not to Exceed (NTE) Labor Hour Support Ceiling 512

Option to Extend Services Philadelphia, PA MegaCenter Administrative Officer Manager Not to Exceed (NTE) Labor Hour Support Ceiling 512

Option to Extend Services Philadelphia, PA MegaCenter Administrative Assistant - OCC 01020 Not to Exceed (NTE) Labor Hour Support Ceiling 512

6044 Option to Extend Services Not to Exceed (NTE) Emergency Support Services (ESS) 1

Option to Extend Services Philadelphia, PA MegaCenter National Crime Information Center (NCIC) Terminal Agency Coordinator (TAC) Not to Exceed (NTE) Labor Hour Support Ceiling 512

Option to Extend Services St. Elizabeths CSOC Telecommunications Supervisor Not to Exceed (NTE) Labor Hour Support Ceiling 2208

Option to Extend Services St. Elizabeths CSOC Alarm Monitor/Telecommunicator Not to Exceed (NTE) Labor Hour Support Ceiling 8832

Option to Extend Services St. Elizabeths CSOC Project Manager Not to Exceed (NTE) Labor Hour Support Ceiling 512

6044 Option to Extend Services Not to Exceed (NTE) Emergency Support Services (ESS) 1

(e) Type of funding: Operations and Support Funds

(f) Year of funding: Fiscal Year 2024

(g) Solicitation number: Not Applicable

(h) 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 Dispatch and Alarm Monitoring Services at three (3) MegaCenter locations throughout the United States to include Philadelphia, PA, Denver, CO and Battle Creek, MI and one

(1) Command Security Operations Center (CSOC) at St. Elizabeth’s Campus in Washington, DC.

3. Description of Supplies/Services.

The requirement is to provide Dispatch and Alarm Monitoring services at the three (3) MegaCenter locations to include Philadelphia, PA, Denver, CO and Battle Creek, MI and one

(1) Command Security Operations Center (CSOC) at St. Elizabeth’s Campus in Washington, DC. Triple Canopy is currently performing under the six (6) month option period available under FAR 52.217-8, Option To Extend Services, of competitively awarded contract 70RFP318DEH000001. 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 three months of service under the authority for other than full and open competition cited herein. In furnishing these services, the contractor, Triple Canopy Inc., furnishes all necessary management, training, staff, schedules and ensures effective performance of, and conformance to all aspects of the statement of work. The MegaCenters and CSOC are equipped with state-of-the-art communication systems operating 24 hours a day, 7 days a week, 365 days a year. The support includes direct support to each of the MegaCenters and CSOC in monitoring multiple types of alarm systems, closed-circuit television, administrative support, technological support and wireless dispatch communications within Federal facilities throughout the entire nation. The positions that support the Dispatch and Alaram Monitoring support services include Telecommunication Supervisors, Alarm Monitor Telecommunicators, Data Analysts levels I and II, Case Management System Data Supervisors, Project Managers, Administrative Officer Managers and Administrative Assistants. In addition, there is one (1) Terminal Agency Coordinator (TAC) position that monitors the National Criminal Information Center (NCIC) for BOLOs, Hit Confirmations and Officer Safety Bulletins nationwide, and is responsible for disseminating that information to pertinent FPS personnel. The MegaCenters serve as a vital communications link for roughly 9,500 Federal facilities located Nationwide representing approximately over 1.4 million Federal employees.

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.

Triple Canopy Inc. is currently satisfactorily performing Dispatch and Alarm Monitoring services under contract 70RFP318DEH000001. The contract is set to expire on June 29, 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 70RFP324REH000001 on March 20, 2024 and closed on April 17, 2024. However, the Government requires additional time to complete its internal and legal review processes and adequately document its source selection decision before issuing the award of the follow-on contract, which requires a 60-day transition period to avoid a detrimental break in services. The incumbent contractor, Triple Canopy Inc., is familiar with the current systems/operations in place and is the only contractor at this time that can immediately fulfill the requirement without delay and interruption of services. Triple Canopy is the only source that has the requisite staff on hand with the demonstrated technical expertise and capability that can provide the required Dispatch and Alarm Monitoring services for the period beginning June 30, 2024. No other vendor has the capability of ramping up, hiring personnel, gaining the specific knowledge associated with the specific requirements pertaining to MegaCenter and CSOC operations and technologies, etc., to effectively provide and manage the required MegaCenter and CSOC services by June 30, 2024, and the short timeframe for this requested extension. As a result, a short-term extension of up to three (3) months of services under the current contract is necessary to ensure that services continue uninterrupted through the transition period from the existing requirement to the follow-on effort.

The competitive follow-on contract has not been awarded but is still in the pre-award review process. The proposed extension is intended to allow continuation of services until the follow-on contract is awarded and provide a 60-day transition period for the new performance start date. Requesting information and evaluating capabilities statements for an additional potential solicitation and award to other than the incumbent contractor is considered an inefficient and ineffective use of Government resources as it would be duplicative of the efforts expended in awarding the follow-on requirement. Furthermore, there is not sufficient time to effectively solicit, award, and phase-in a new contractor in such a short time frame, particularly considering the short duration of the extension and criticality of the required services.

It is critical to the FPS mission to ensure that there is no lapse in Dispatch and Alarm Monitoring service in order to mitigate threats and vulnerabilities posed to the lives and safety of all FPS Law Enforcement personnel being dispatched to federal facilities and the federal workforce requesting the assistance and service.

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.

If a new contractor were to immediately replace the existing firm, a significant and severe drop in overall security would result, and Federal Government personnel, visitors, and assets would be put in jeopardy. The MegaCenters and CSOC locations are equipped with state-of-the-art communication systems operating 24 hours a day, 7 days a week, 365 days a year.

The support includes direct support to each of the MegaCenters in monitoring multiple types of alarm systems, closed-circuit television, administrative support, technological support and wireless dispatch communications within Federal facilities throughout the entire nation. The MegaCenters and CSOC serve as a vital communications link for roughly 9,500 Federal facilities located Nationwide representing over 1.4 million Federal employees. Given the critical mission of the MegaCenters and CSOC, a modification to extend the ordering period for up to a three month period under contract 70RFP318DEH000001 with Triple Canopy will eliminate any potential disruption in the services provided at the MegaCenters and CSOC.

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 DHS will post this requirement on SAM.Gov on or before June 30, 2024, pursuant to FAR 5.101(a)(1). 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 determined that the received prices will be fair and reasonable based on a price analysis against the GSA rate for the labor categories per GSA’s Labor Category Ceiling rates. This tool allows comparison against fully burdened Not-to-Exceed Ceiling Rates awarded under GSA Multiple Award Schedule (MAS) contracts. The tool is provided to assist federal contracting offers and find awarded prices to use in negotiations for labor contracts. The tool allows you to search by labor category and filter by experience, education levels, worksite, business size, and security clearance. The tool provides standard deviation along with an average for each category. The average rate for each category is provided below and included filters based on minimum education and experience requirements per the contract 70RFP318DEH000001 SOW:

CLIN Labor Hour Services 6004 Telecommunicator Supervisor 6005 Alarm Monitor - Telecommunicator 6006 Data Analyst Level I 6007 Data Analyst Level II 6008 Case Management System Data Supervisor 6009 Project Manager 6010 Administrative Office Manager 6011 Administrative Assistant 6015 Telecommunicator Supervisor 6016 Alarm Monitor - Telecommunicator 6017 Data Analyst Level I 6018 Data Analyst Level II 6019 Project Manager 6020 Administrative Office Manager 6021 Administrative Assistant (OCC 01020) 6025 Telecommunicator Supervisor 6026 Alarm Monitor - Telecommunicator 6027 Data Analyst Level I 6028 Data Analyst Level II 6029 Project Manager 6030 Administrative Office Manager 6031 Administrative Assistant

National Crime Information Center (NCIC) Terminal Agency Coordinator (TAC)

6045 Telecommunicator Supervisor 6046 Alarm Monitor - Telecommunicator 6049 Project Manager

The proposed rates by Triple Canopy for the three (3) month extension are significantly lower than average GSA Schedule rates for similar services. As demonstrated above, Triple Canopy’s rates are lower in every category except the Administrative Office Manager, Telecommunicator Supervisor and Terminal Agency Coordinator. The average variance indicated that Triple Canopy’s pricing was the GSA national average rates.

Based on the analysis above, the Contracting Officer has found Triple Canopy’s proposed pricing to be fair and reasonable based on GSA’s tool. The rates provided by Triple Canopy are significantly less than the GSA Schedule national average rates. There are only three labor categories that exceed the national average. The Contracting Officer has determined that issuing the proposed extension of services to Triple Canopy Inc. 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.

The agency has conducted market research for the new requirement and is familiar with the other potential sources and their qualifications. Based on the market research, other firms could provide Dispatch and Alarm Monitoring support services at the three (3) MegaCenters and CSOC, but not by the required timeframe on June 30, 2024, causing unacceptable delays or potentially jeopardizing the safety of Government employees, facilities, visitors and assets.

Due to the extensive requirements to obtain all necessarily licenses, training, suitability requirements and transition requirements for its employees to execute the requirement by the start of the performance. Another firm cannot immediately replace the existing contractor without a severe and unacceptable degradation in overall security jeopardizing Federal Government personnel, visitors, facilities, and 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 the service continue without interruption for the security of the facilities, Government employees, visitors, and assets, and that Triple Canopy is performing satisfactorily as documented under the Contractor Performance Assessment Reporting System (CPARS), it is in the best interest of the Government to extend the contract 70RFP318DEH000001 for up to three (3) months with the current contractor and allow the 60-day transition period 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 Dispatch and Alarm Monitoring services under contract 70RFP318DEH000001 until the competitive follow-on contract is awarded and transitioned to start. The agency is currently processing the follow-on requirement.. The agency plans to make award on or around July 15, 2024, with performance under the new award to start on or around October 1, 2024. It is essential that services continue without interruption for the security of Federal facilities, employees, visitors and assets throughout the United States.

(Remainder of this page left blank intentionally)