I. A-02 K-SSS JEFO Bridge - Final_SAMs Post_Redacted.pdf

Control No: 24-042 Contractor: Triple Canopy, Inc.

Supply/Service: Kuwait – Security Support Services

I JUSTIFICATION REVIEW DOCUMENT

FOR EXCEPTION TO FAIR OPPORTUNITY

Supply/Service: Service – Kuwait – Security Support Services

Authority: Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C)

Contracting Officer: MSG Anthony Michael Patera PH: (309)-716-8698 Contracting Officer Email: anthony.m.patera.mil@army.mil

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Supply/Service: Kuwait – Security Support Services

Department of Army Justification for Exception to Fair Opportunity

Under Multiple Award Indefinite Delivery Contracts

1. Contracting Activity: U.S. Army Contracting Command – Rock Island (ACC-RI) Rock Island Arsenal, Rock Island, IL 61299-8000.

2. Description of Action: Area Support Group Kuwait (ASG-KU) requests a firm-fixed-price bridge modification to Contract W52P1J-19-D-0005, task order (TO) W52P1J-20-F- 0496 with Triple Canopy, Inc. (Triple Canopy). ACC-RI will execute this action against the Security Support Services – Global (SSS-G) indefinite delivery, indefinite quantity (IDIQ) contract. ACC-RI projects award for October 2024 and fiscal year 2025 Operations and Maintenance, Army funds will be used. An acquisition plan is not required in accordance with (IAW) Defense Federal Acquisition Regulation Supplement 207.103(e) because this acquisition is included in the SSS-G IDIQ program level acquisition plan.

TO W52P1J-20-F-0496 expires on 30 October 2024. Efforts to conduct a competitive follow-on are underway, but for reasons described in paragraph 5, the follow-on TO will not be in place prior to expiration of the current order. This bridge modification, to include an exercise of option FAR 52.217-8 that was not priced and evaluated at the time of competitive award, ensures continuation of Kuwait – Security Support Services (K-SSS) in support of ASG-KU while the Government completes the follow-on acquisition award.

3. Description of Supplies/Services: ASG-KU requires private security contractors (PSCs) at designated sites in Contractor personnel to ensure the safety and security of all U.S. Service Members, Department of Defense (DoD) Civilians, DoD Contractors, and Coalition Nation personnel. The period of performance (PoP) including all options is 31 October 2024 through 31 October 2025. ASG-KU Operations Officer, , estimates a dollar value of for the PoP using recent and relevant historical data as the basis for the Independent Government Estimate (IGE). The Government will utilize the FAR 52.217-8 option, along with the first option period, to create, evaluate, and award the K-SSS follow-on TO award. The second option period will be utilized for potential follow-on delays, such as source selection delay or protests, or transition.

Supply/Service: Kuwait – Security Support Services

Canopy is the incumbent contractor in the Kuwait Area of Responsibility (AOR) for private security and the scope of the bridge is identical to the current order.

b. This extension is necessary due to unanticipated delays with the Global Protective Services (GPS) IDIQ contract award. Delays included identifying a requiring activity and obtaining a procurement ready requirements package. These delays required the SSS-G IDIQ contracts to be extended by 18 months, from 07 May 2024 through 06 November 2025 if all options are exercised. These delays also impacted the ability to award the K- SSS follow-on prior to the expiration of the current TO because the follow-on TO will be competed and awarded under the GPS IDIQ contract.

c. ACC-RI has been working with ASG-KU since to obtain a requirements package for the K-SSS follow-on (K-GPS) by providing sample documents and assisting in the requirement development process. ACC-RI anticipates completing the market research in December 2024 and receiving a complete and actionable requirement package in January 2025. Additionally, ASG-KU hosted a Services Acquisition Workshop (SAW) 25-27 June 2024 at Shaw Air Force Base, South Carolina IAW DoD Instruction 5000.74 4.2(d), Multifunctional Team Guidelines. Below is an estimated K-SSS follow-on milestone schedule summarizing the events and aligning with the PoP in paragraph 3 above:

Milestone Original Date Completion Date

SAW N/A 25-27JUN24

Market Research 12APR24 13DEC24 Requirement Package Complete 28JUN24 13JAN25 Create Source Selection Criteria 29AUG24 03FEB25 Create Solicitation 29OCT24 18FEB24 Issue Solicitation 29NOV24 *03MAR25 Close Solicitation 13JAN25 03APR25 Proposal Evaluation Start 14JAN25 07APR25 Proposal Evaluation Complete 01MAR25 09JUN25 Funding Received 17MAR25 16JUN25 Create Award Documents 28MAR25 30JUN25 Award Reviews Complete 11APR25 10JUL25 Award Signed 16APR25 **15JUL25 Protest Window End 30APR25 31JUL25 *K-GPS solicitation will be released during GPS IDIQ source selections.

**GPS IDIQ contract award is anticipated 08 July 2025.

d. Triple Canopy is currently providing security support services throughout the Kuwait AOR under the SSS-G IDIQ contract. In the interest of economy and efficiency, Triple Canopy is the only source available that can meet the requirements of K-SSS in the time allowed.

While other companies may be able to perform security support services, Triple Canopy is the only contractor positioned to perform services for this short-term PoP until the

Supply/Service: Kuwait – Security Support Services competitive follow-on is awarded. Conducting a separate competition for the short-term PoP until the K-SSS TO is recompeted is not reasonable. Based on historical acquisition requirement lead-times and procurement administrative lead-times, ACC-RI estimates it would take eight months to obtain a procurement ready requirements package, issue a Request for Task Order Proposal to the SSS-G IDIQ contractors, evaluate proposals, and issue an award. Further, based on Government estimates, it would take another contractor up to 60 days to recruit personnel, obtain the necessary credentials, and mobilize, which would result in further delays in meeting this critical requirement.

Furthermore, a short-term competitive award would be inefficient because it would take Government resources away from working the GPS IDIQ competition and K-SSS competitive follow-on. Triple Canopy is the only contractor capable of performing these services without a disruption until the follow-on is complete.

e.

. These security services must be filled by PSCs because the units on ground are not allowed to fill these positions with Military personnel. The security of these camps is imperative to avoid increase mission risk to the soldiers and civilians within the ASG-KU AOR.

Given the critical need for security on each camp, and the limited timeframe in which to act, a sole source to Triple Canopy is the only possible course of action to meet mission and regulatory needs in the required timeframe. If this JEFO is not approved, it could result in a life, health, or safety incident due to inadequate security of each camp.

6. Market Research: Market research was conducted via a sources sought posted to the Government wide Point of Entry on 30 May 2024. The sources sought required the contractor to be compliant with PSC.1, which is a management standard for quality of private security company operations. Nine vendors responded to the sources sought in a timely manner with the requested information.

Of the nine respondents, did not provide proof of PSC.1 compliance and were determined not capable to perform the required security services in Kuwait. Four companies are the current SSS-G IDIQ contract holders. All four SSS-G IDIQ contract holders possess the PSC.1 certification and have proven through past and current performance that they have the manpower and experience to technically perform in Kuwait; however, all companies except Triple Canopy would require a transition to mobilize in Kuwait. The last company possesses the PSC.1 certification and could also technically handle the required security services, but again, would require a transition to mobilize in Kuwait.

Although market research indicates there are multiple capable contractors available to perform security services in Kuwait, due to the reasons stated in paragraph 5, Triple Canopy is the only contractor capable of performing the requirement without a disruption of services until the follow-on, competitive TO is awarded and transitioned.

Supply/Service: Kuwait – Security Support Services

7. Actions to Increase Competition: The Government intends to award the competitive follow-on TO (K-GPS) against the GPS IDIQ contract. Additionally, the Government will continue to conduct market research to see if there are any changes in the marketplace.

8. Other Facts:

Procurement History

Contract: W52P1J-19-D-0005 TO W52P1J-20-F-0496 Contractor: Triple Canopy Award Date: 22 July 2020 Competitive Status: FAR 16.505(b)(1) Fair Opportunity