JA SAM FINAL Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY24-038

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 70RFP118DE4000003, with Inner- Parish Security, Corporation, for Armed Protective Security Officer (PSO) services at various sites throughout the state of Alabama on the basis of other than full and open competition.

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

(a) Nature of action: FPS intends to procure Protective Security Officer services on a noncompetitive basis for up to six (6) months, January 1, 2024 through June 30, 2024, to allow time to finalize award of the competitive follow-on contract and provide adequate time for a 120-day transition. This action will result in a modification to extend the ordering period of the current contract to allow placement of a task order to continue critical PSO services throughout Alabama. The task order will only be issued 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 December 31, 2023. The follow-on procurement is currently in the pre-award phase. Additional time is needed in order to finalize the evaluation of proposals and make a best value award determination. This follow-on effort will also require a transition period of 120 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.

Inner-Parish Security, Corporation 43222 Pecan Ridge Drive Hammond, LA 70403

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

(d) Estimated total value: Six months -

Period of Performance

Hours Rate Total

PSO

Services

01/01/2024 – 06/30/2024

161,000

PSO

Services - Redstone

01/01/2024 – 06/30/2024

37,709

Total

(e) Type of funding: Operations and support funds

(f) Year of funding: Fiscal Year 2024

(g) Solicitation number: Not Applicable

(h) Background information about the requirement: 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 PSO services at facilities throughout the state of Alabama.

3. Description of Supplies/Services.

The requirement is to provide Armed PSO services at locations throughout the state of Alabama. Inner-Parish Security is currently performing under the six (6) month option period available under FAR Clause 52.217-8 of competitively awarded contract 70RFP118DE4000003. The Procuring Activity Advocate for Competition (PAAC) approved the initial Determination & Finding (D&F) to exercise the option available under FAR 52.217-8 on June 21, 2023. Services will end under this contract on December 31, 2023. 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 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 70RFP118DE4000003 from January 1, 2024, through June 30, 2024, in the event all six months are needed.

The instant action is to allow FPS to continue procuring PSO services from Inner-Parish Security under contract 70RFP118DE4000003 while processing the award of the competitive follow-on contract and the necessary transition period. This will ensure uninterrupted security services at federal facilities throughout the state of Alabama 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 solicitation for the competitive follow-on contract has already been issued and closed. The technical evaluation has concluded, and the procurement is currently in the final stages of the pre-award phase (i.e., finalizing evaluation of the proposals received and documenting the source selection).

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 six (6) months of additional PSO services from January 1, 2024 through June 30, 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.

Inner-Parish Security is currently satisfactorily performing PSO services under Contract 70RFP118DE4000003. The contract is set to expire on December 31, 2023. FPS AD is in the process of awarding a competitive follow-on contract which was solicited via small business set-aside under Request for Proposal (RFP) 70RFP123RE4000002 on May 9, 2023.

However, due to unexpected delays throughout the pre-solicitation, solicitation and evaluation process, as well as unexpected turnover of personnel in the acquisition and program office divisions of the Federal Protective Service, the government requires additional time to complete its evaluation and adequately document its source selection decision prior to issuing the award of the follow-on contract, which requires a 120-day transition period in order to avoid a detrimental break in services.

Unexpected and unavoidable delays occurred as a result of the following circumstances:

1) During the solicitation phase of this procurement, FPS received a large number of questions in response to the RFP. It took the Government longer than anticipated to provide sufficient responses to these questions, and some of the responses results in the Program Office having to update the solicitation documents. These unforeseen issues resulted in the closing date to be extended by a month in order to allow industry sufficient time to review the responses as well as the revised solicitation documents.

2) The program office had to divert resources to support numerous unanticipated initiatives.

For example, the FPS Central Zone, which has cognizance over Region 4 to include Alabama, had operational emergency security requirements including FEMA emergency services in Arkansas and Illinois as well as high priority United States (US) and Mexico border support operations in the Western part of Texas. The increased focus on these unanticipated operational priorities took precedence over this recompete action, thus causing delays with the completion of the evaluation.

The follow-on requirement under this contract is estimated to be awarded on or around January 31, 2024, with an anticipated performance start date on or around June 1, 2024. The follow-on contract will have a 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, Inner-Parish Security, 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 contract 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 70RFP118DE4000003 with Inner-Parish Security is required to allow placement of a new contract 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 requirement 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 to SAM.gov on December 13, 2023, pursuant to FAR 5.201(b)(1)(ii). 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 has determined that the proposed hourly rates of , which are the hourly contract rates for current period of performance (FAR 52.217-8 extension period), are 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). The price analysis table below shows the comparison of hourly priced rates from different contracts that were competitively awarded for PSO Armed Guard Services in FPS Region 4, 6 and 7 to the price established 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.

Comparison to Alabama PSO Services ( ):

Contractor Contract Number Location Basic Hourly Rate Difference

Inner-Parish Security 70RFP118DE4000003 (1/01/2024 – 6/30/2024) Alabama -

Triple Canopy (TC) 70RFP421DE7000002 (5/1/2023-04/30/2024) Oklahoma

North American Security 70RFP119DE4000002 (6/1/2023—5/31/2024) Mississippi

Comparison Alabama PSO Services (FBI Redstone Facility -

Contractor Contract Number Location Basic Hourly Rate Difference

Inner-Parish Security 70RFP118DE4000003 (1/01/2024 – 6/30/2024)

Alabama (Redstone) -

Hana Industries 70RFP119DE4000004 (12/1/2022-11/30/2023) IRS Kentucky

Vendtech-SGI, LLC 70RFP421DE6000001 (1/01/2023-12/31/2023) Midwest

* The Redstone Facility was added to the contract during option Period 4 at negotiated rate higher than the rest of the state due to increased FBI security clearance requirements as well as an incorporated CBA with hourly wage rates for this location that are an estimated higher than the rest of the state as well.

As shown, the rates of are competitive to the rates for other PSO services in the marketplace. As CBAs are in place under this contract, any other contractor would be required to pay PSOs the same wage and fringe benefits as the current contractor, Inner- Parish Security 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.

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 our market research, other firms could provide PSO services at the Alabama locations, however they could not do so by January 1, 2024, causing unacceptable delays or potentially jeopardizing the safety of government employees or 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 service continue without interruption for the security of the facilities, its tenants, its visitors, and the fact that Inner-Parish Security is performing satisfactorily as documented under the Contractor Performance Evaluation Assessment Report System (CPARS), it is in the best interest of the government to extend contract 70RFP118DE4000003 for up to six months 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 PSO services under Contract 70RFP118DE4000003 until the competitive follow-on contract is awarded and transitioned to start. The agency is currently processing a follow-on requirement which is taking longer than originally projected due to unanticipated issues. The agency plans to make award on or around January 31, 2024, with performance under the new award to start on or around June 1, 2024. It is essential that services continue without interruption for the security of federal facilities throughout the State of Alabama to include government personnel and visitors at these locations.