JA Armed Guard Security-USVI Final.pdf

JUSTIFICATION AND AUTHORITY FOR OTHER THAN FULL AND OPEN COMPETITION

Unusual and Compelling (41 U.S.C. 3304(a)(2))

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:

Department of Homeland Security Federal Emergency Management Agency (FEMA) Office of Chief Procurement Office

JRO DR4340-PR

4500 Sunny Isle Shopping Center ST Croix, VI 00820

Nature and/or Description of the Action being approved:

Due to GAO protest of contract 70FBR220C00000009, an urgent and compelling firm-fixed price contract to provide armed security guards inclusive of the labor and supplies in the amount of $103,024.00 in support of DR-4340 recovery and branch offices throughout the USVI. The contractor will provide Contract Security Guards at disaster related sites and facilities within the United States Virgin Islands (USVI) as required within the scope of work. The contract will be funded with DR4340-VI disaster type funding from FY20.

2. Description of Supplies/Services:

To provide Contract Security Guards at disaster related sites and facilities within the United States Virgin Islands (USVI). There are currently four (4) sites requiring ten (10) armed security officers for a period of 100 or fewer days dependent on GAO protest decision timeline. Estimated period of performance is from March 9, 2020 through June 17, 2020.

3. Identification of Statutory Authority permitting Other Than Full and Open Competition:

FAR 6.302-2, Unusual & Compelling Urgency [41 U.S.C. 3304(a)(2)] is cited, facilitating the recovery from Hurricane Irma and Maria. An 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 unusual and compelling urgency that 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 for IAW with FAR 6.302-2.

Disaster Declaration. The risks to life, health, and/or safety to the Federal employees within USVI and do not permit the government time to seek competition.

4. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the

Acquisition Requires Use of the Authority Cited:

Due to the standing protest and stop work order issued, it is not possible to seek competition for armed security guards that is need on site within 3-day notice of said protest. The current contractor has been performing satisfactory for the past 12 months without incident and the vendor has the current capacity to fulfill the immediate requirement for DR-4340-VI armed security guards to meet the Government need without any delay or safety issues. By contracting with this vendor, the Government needs and stability is ensured to allow for meeting their required mission. The government must provide adequate armed security for all Federal buildings and to accomplish this, we are utilizing the authority in FAR Subpart 6.302-2.

5. Description of Efforts Made to ensure that Offers are solicited from as Many Potential Sources as is Practicable:

We canvased and solicited all available companies to help meet the need and awarded contract 70FBR220C00000009, however, a protest of the awarded contract caused the issue for armed guard coverage. The armed security guard contract is an absolute must for the Government to continue support and meet the Government mission for providing recovery support within the USVI

6. Determination by the Contracting Officer that the Anticipated Cost to the Government will be

Fair and Reasonable:

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable as the contractor prices will remain unchanged except for any changes in the prevailing labor rates. The previous contract was determined fair and reasonable based competitive competition.

7. Description of Market Research Conducted:

Market research was conducted utilizing the Internet, Government of Puerto Rico Industrial Development counselors, Procurement Technical Assistance Center, SBA, and the FEMA Business EOC in the general USVI community to query vendors on the ability to perform this level of provisions within the scope of work.

8. Any Other Facts Supporting the Use of Other Than Full and Open Competition: This contract is being awarded due to a protest of awarded contract 70FBR220C00000009, otherwise the Government solicited and competed the requirement as required by Competition in Contracting Act (CICA)

9. A Listing of the Sources, if any, That Express, in Writing, an Interest in the Acquisition:

The Government solicited the requirement as a SB local set-aside per Robert T. Stafford Disaster Relief and Emergency Assistance Act as required by FAR part 26. A total of five (5) vendors submitted offers, but only two (2) were deemed eligible per required guidelines.

10. 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 is Required:

N/A

11. Contracting Officer’s Certification:

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

12. 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 Date

APPROVAL:

Contracting Officer