J-A DR 4684-AL.pdf

Sole Source Justification (SSJ) Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $250,000) pursuant to

FAR Subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions for acquisitions exceeding $250,000, including brand name for use when applicable.

SSJ No.: 23-031 -

SSJ No.: 23-031

Date: February 14, 2023 PR Number: AN01562Y2023T

Pursuant to the requirements under the authority for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity:

Department of Homeland Security Federal Emergency Management Agency (FEMA) Region IV – Atlanta, GA 30341

2. Nature and/or description of the action being approved:

a) FEMA intends to procure on a sole source basis levlel II armed security guard services in support of DR 4684-AL.

b) Firm-Fixed price (hourly rate) contract for Level II Armed Guard service – Thirty (30) days.

c) Base of (1) month.

d) Funding: Code 06 Disaster Operational funding for DR 4684-AL.

e) Funding Year - FY 2023 Funding

f) Contract # 70FBR42300000061 (Solicitation # 70FBR423Q00000080)

g) Contractor:

Workable Solutions Investigative & Protective Services, LLC 2778 Gunter Park Drive East, Suite A-B Montgomery, AL 36109

3. Description of Supplies/Services: The service requested is level II armed guard service. Due to the devastation sustained throughout the state of Alabama stemming from the aftermath of tornadoes and flooding in January, 2023, several individual federal facilities will be opened within days of award. It is planned that a Joint Field Office (JFO) and several Disaster Recovery Centers (DRC) will be located in the declared counties of Alabama. These federal facilities require a minimum level of security per DHS guidelines immediately upon opening. As a result, an armed guard contract is required to meet the needs for personnel, facility, and asset protection.

http://uscode.house.gov/ http://uscode.house.gov/

Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $250,000) pursuant to

Sole Source Justification for Simplified Acquisitions for acquisitions exceeding $250,000, including brand name for

SSJ No.: 23-031 -

The proposed value of the contract is as follows:

Period Unit Price Total Base 1 month $372,600 $372,600

4. Identification of Statutory Authority permitting Other Than Full and Open Competition: 41 U.S.C 3304(a)(1) implemented by FAR 6.302-2, Unusual & Compelling Urgency

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited: In the aftermath of the tornados, FEMA is providing emergency assistance to applicants throughout the State of Alabama. As a result of this emergency, unusual and compelling urgency precludes full and open competition and any delay in award of a contract would result in serious injury, financial or other, to the Government. The risks to safety to the federal employees, disaster survivors, and members of the public within Alabama do not permit time to seek competition. The Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Full and open competition need not be provided in accordance with FAR 6.302-2.

Workable Solutions Investigative & Protective Services, LLC has provided level II armed guard services, with previously vetted and approved personnel. The desired contractor has the personnel, experience with FEMA contracts and has completed satisfactorily or better on several other contracts. The company has been providing armed Security Guard Services and Security Solutions for over a decade.

6. Description of Efforts Made to ensure that Offers are solicited from as Many Potential Sources as is Practicable:The CO has determined there is not enough allotted time to solicit competition from other potential sources due to the urgent and compelling nature of the immediate requirement without placing FEMA personnel, assets, and property at risk. Subsequently, the Government is currently taking steps to award a competitive Blanket Purchase Agreement (BPA) to multiple security contractors. The competitive BPA awardees will continue the long-term needed services upon expiration of this short-term requirement. This short-term contract (one month) will cover the time the Government requires to award the competitive BPAs in addition to providing the immediate security services support ensuring FEMA personnel, assets and facilities are always protected. The estimated date for posting the solicitation for the BPA on SAM.gov and Unison Marketplace is February, 2023.”

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will use historical pricing and the independent government cost estimate to determine the anticipated price(s) fair and reasonable.

If the contractor’s prices are consistent with their previous contracted prices from past

Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $250,000) pursuant to

Sole Source Justification for Simplified Acquisitions for acquisitions exceeding $250,000, including brand name for

SSJ No.: 23-031 -competitive contracts, they are anticipated to be fair and reasonable. Moreover, the Contracting Officer will also review prices from similar contracts from previous disasters that were determined fair and reasonable based on the competitive process.

8. Description of Market Research Conducted: Market research was conducted utilizing the Internet, Unison Marketplace and System for Award Management (SAM.gov) to query contractors on the ability to perform this level of provisions within the scope of work. The results of the query for capable contractors were typical; as this process has warranted the same contractors after each market research.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition: N/A

10. A Listing of the Sources, if any, That Express, in Writing, an Interest in the Acquisition: There has been no expressed interest from other sources. Adequate sources for competition exist within Alabama, however; due to the urgent and compelling need for security immediately, there is not enough allotted time to solicit competition. The Government is currently taking steps to award a Blanket Purchase Agreement (BPA) to a number of security contractors to continue services after this intended proposed contract expires.

11. 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.

N/A

12. Contracting Officer’s Certification: I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date

14. Contracting Officer Certification and Approval*

Contracting Officer: Not exceeding $750K Date

Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $250,000) pursuant to

Sole Source Justification for Simplified Acquisitions for acquisitions exceeding $250,000, including brand name for

SSJ No.: 23-031 -

*Note: In accordance with FAR 13.501(a)(2)(i), for contracts exceeding $250,000 but not exceeding $750,000, the contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval.