J and A FAR 13.5 OVER SAT- Security Guards Short Term Bridge Contract.pdf

Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification >SAT-$7.5M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C248-21-AP-2724

1. Contracting Activity: Department of Veterans Affairs, VISN 8, Regional Procurement Office (RPO)- East, Network Contracting Office - 8, VA Caribbean Healthcare System (VACHS), San Juan, Puerto Rico. Purchase Request number applicable to this procurement is: 672-21-3-701-0007, 672-21-3- 701-0008, 672-21-3-435-0004, 672-21-3-434-0003.

2. Nature and/or Description of the Action Being Processed: This procurement is for a short-term bridge contract to incumbent contractor to avoid lapse in service caused by a delay in the procurement process for the long-term competitive follow-on contract. The current contract VA248- 16-C-0108 awarded on expires on March 31, 2021. A new competitive acquisition set aside as a Tiered Evaluation up to Small Bunsiess is currently in the pre-solicitation review process. This short-term procurement is for Unarmaed Security Guard Services at the VA Caribbean Healhcare System (VACHS) facilities located throughout Puerto Rico and US Virgin Islands (St Thomas and St Croix). The contractor shall provide the necessary supervision, labor, supplies, materials and equipment to render complete unarmed security guard services at the aforementioned locations. This action will be awarded as a new action in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

The VACHS has the need to provide four (4) months of Unarmed Security Guard Services at the facilities to compliment government security systems in order to maintain the security of the facility to the highest security

Security and Law Enforcement Circular letter 07-91-1. Ensuring veterans, employees and visitor a safe and secure environment, while safeguarding government property. The contractor shall furnish all personnel, labor, supervision, management, equipment, tools, material, and supplies, and shall do all things necessary to perform the work efforts described in the PWS in a responsible, cost efficient manner. The estimated delivery date/period of performance is four (4) months from April 1, 2021 through July 31, 2021.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services

( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest the Use of the Authority Cited Above (applicability of authority):

The Commonwealth of PR requires Companies in the Security Business to possess a Private Detective License issued by the PR Police Department in order to practice such business. An official list of authorized Security companies to practice was obtained from the PR Police Department in order to corroborate whether or not companies registered in Veteran Information Pages (VIP) under NAICS 561612 were in compliance with Law 108 Titled: "Ley de Dectectives Privados de 1965". Only one SDVOSB Company was found in both searches. The company also posses the necessary license to perform security services at the US Virgin Islands. One Corps, Inc is the one source with the required equipment, resources, capability, and competency to provide the services effective April 1, 2021 without delays or interruption of services.

One Corps, Inc posses a through understanding of the unarmed security guard services needed, and is already providing the services. Employees are fully trained in the hospital environment setting.

The contractor has full knowledge of the Federal, Commonwealth of Puerto Rico and US Virgin Islands laws and regulations governing the security industry. Additionally, they have the personnel requirements immediately and has been providing the services without incident. Past Performance for this vendor during normal and emergency operations (i.e. hurricanes, earthquake and Covid-19 pandemic) has been verified and it is outstanding. One Corps Inc is a responsible Service Disabled Veteran Owned Small Business (SDVOSB) Company that can meet mission needs in accordance with the Performance Work Statement (PWS).

The VACHS has an unusual and compelling need for these services, and a failure to obtain such services in a timely manner will compromise the continuity of a critical service placing the facility overall security at risk. Furthermore, non-compliance with Physical Security guidelines and policies could compromise the safety of the patients, employees and visitors as well as the safekeeping of government property.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted in VIP. In addition, the official PR Police Department list of authorized Security Companies that are in compliance with the requirements of PR law 108; was search to identify capable contractors authorized to practice such business in Puerto Rico.

Results revealed that only (1) company possess the required license. Because these services are considered an emergency under FAR 13.5. The facility cannot continue to operate without these services, and the resulting award shall be considered as a Bridge Contract, which will allow sufficient time for the Unarmed Security Guard Services Long-Term contract to be awarded on a competitive basis.

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The anticipated price to the Government for a four-months period is based on historical prices paid for the same service. Department Of Labor (DOL) Wage Determination salary and all applicable fringe benefits rates considered. Additionally, the Contracting Officer shall use the procedures set forth in FAR 13.106-3 to establish price reasonableness.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in paragraph 6 above, due to the urgency of this requirement, market research was limited to VIP pages and the PR police Department list of authorize companies. A bridge contract with incumbent contractor is being proposed as a stop gap measure until new competitive follow-on contract is awarded.

Also, incumbent contractor is an SDVOSB, per PPM 2016-05, Implementation of the Veterans First Contracting Program and as authorized in VAAR 819.7007 and 819.7008 non-competitive (sole source) procedures up to $5,000,000, are appropriate, subject to review and approval of the designated procurement official outlined in FAR 6.304.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There is no sufficient time to allow a long-term Unarmed Security Guard Services contract, before the current contract expires (on March 31, 2021). In order to allow for the competitive solicitation and award of the Long-term Unarmed Security Guard Services contract, and the transition between the current contractor and the new contractor, a short-term bridge contract must be awarded.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The current vendor for these services at the facility, One Corps Inc.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: This is for a short-term bridge contract, which will allow sufficient time for a long-term competitive follow-on contract, set aside to SDVOSB using Tiered Evaluation up to Small Business to be awarded. To avoid interruption of unarmed security guard services it is in the best interest of the Government to award a contract to the incumbent One Corps, Inc., while the long term process is awarded.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Emanuel Ayes Date Physical Security Specialist/COR Police Service

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13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. C I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Rafael Rodriguez Date Contracting Officer NCO-8, RPO East

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Maribel Santa Date Branch Chief, San Jaun Services Team NCO-8, RPO East