JA FAR Part 6 Guard Services DR4698AR FINAL vfh.pdf

JUSTIFICATION FOR CERTAIN COMMERCIAL SUPPLIES AND SERVICES

EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD PURSURANT TO FAR

SUBPART 13.5 (41 U.S.C. 1901)

J&A Control No.:

Pursuant to the requirements under the authority at 41 U.S.C. 1901, 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. The Department of Homeland Security, Federal Emergency Management agency (FEMA), Office of the Chief Component Procurement Officer (OCPO), entered into a 45-days contract on the basis other than full and open competition and proposes to extend the contract for an additional 105 days.

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

(a) FEMA requires the provision of a short-term bridge contract for continued armed security guard services in support of the FEMA’s recovery mission, disaster DR-4698- AR in Arkansas (AR) due to current contract expiration to avoid any lapse of service for armed guard protection required at FEMA facilities. The contractor shall perform duties/tasks necessary to provide protective service officers (PSOs) for physical security services throughout the counties (Cross, Lonoke, Pulaski) declared in DR-4698-AR within the state of Arkansas.

(b) Name and address of the contractor:

Rivas Solutions, LLC 1803 N. 9th Street De Queen, AR 71832

(c) Contract type: Labor Hour

(d) Estimated total value (including options). Provide breakdown as shown below:

Period Unit Price Total

Base Period (45 days (8,241 LH)) $53.00 $436,773.00

Proposed Extension (105 days (9,429 LH) $499,737.00 $936,510.00

23-160

Note: If the products or services under the justification were previously awarded under another contract, also provide the period of performance end date for that contract(s).

70FBR623P00000040 P00002 DRS Services, Inc., April 9, 2023, to May 21, 2023.

(e) Type of funding: Disaster Relief Funds (No Year)

(f) Year of funding: 2023

(g) Solicitation number: 70FBR623Q00000023

(h) Background information about the requirement: FEMA uses contracted Protective Service officers (PSOs) to safeguard federal employees, visitors, and property at both temporary and fixed facilities during disaster and emergency declarations.

After the state of Arkansas was devastated by severe storms and tornadoes, Major Disaster DR-4698-AR was declared by the President, placing FEMA locations within the following counties Cross, Lonoke, Pulsaki.

3. Description of Supplies/Services.

The requirement is to provide continued armed security guard services through the provision of Protective Service Officers (PSOs). The contractor shall perform duties/tasks necessary to provide PSOs for physical security services throughout the state of Arkansas. Patrol vehicle shall be provided, when requested by FEMA, based on location characteristics, vulnerabilities, and risk. The total period of performance will be 150 days.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. Authority is provided by 41 U.S.C 1901, as implemented by FAR Part 13, Simplified Acquisition Procedures for Certain Commercial Products and Commercial Services. The period of performance for the proposed contract action is within the 150-day period pursuant to HSAR 3006.302-270.

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.

An urgent and compelling need for services arose due to the current guard service contract nearing its expiration and not being able to award to the 8(a) firm as planned. Rivas Solutions, LLC., was performing similar work under State contracts and pursuant to information received, it was performing the work effectively and satisfactorily. Given the short timeline at issue, there was not enough time to compete a contract or find another contractor before the current contract expires. Not awarding a short-term bridge contract would introduce unnecessary risks and uncertainties. Their presence is intended to prevent active shooters, other violent crimes directed at FEMA employees, property crimes like theft and burglary, and other such potential incidents. On May 16, 2023, for instance, two persons were arrested at DRC 3 on felony charges while trying to break into rental cars in the DRC parking lot. Also, Security guards are trained in life saving measures such as CPR and the use of automatic external defibrillators. They are tasked via post orders to protect employees from other employees like workplace violence, disruptive behaviors, aggressive behaviors, and other scenarios that put Federal employees at risk, and to be the liaison for local law enforcement. Before issuing the contract based on the urgent and compelling need, the contractor was interviewed by the FEMA Security and additional research was performed to ensure the contractor met all FEMA standard certification through SAM.gov and DUN and Bradstreet. Prior to award, it was determined that the contractor could meet the needs of FEMA’s mission to support the guard services need.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

(a) This justification supporting sole source contract award will be posted on SAM.gov on

June 17, 2023. Pursuant to FAR 13.501(a)(1)(iii), this justification will be posted within 30 days of contract award and in accordance with FAR 6.305(b), (d), (e) and (f)

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determined that the anticipated price(s) will be fair and reasonable based on a comparison of the contractor labor cost proposed to the cost paid for services under current competed contract and previous historical awards for similar contracts and labor categories period.

9. Description of Market Research.

Market research was conducted using the Small Business Administration (SBA) Dynamic Small Business Search tool using NAICS Code 561612 resulting in finding Rivas Solutions, Inc. The government also determined that the previous market research was current and relevant, having occurred within the past 18 months. That market research was performed for solicitation 70FBR623Q00000017.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. This section presents an opportunity to strengthen the justification by presenting supplemental or supporting information. Do not summarize or duplicate information already stated in previous sections.

N/A

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

The agency initially attempted to make a direct 8a award but was ultimately unsuccessful.

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 short-term contract is being sought to allow adequate acquisition lead time to solicit and execute a direct award to a Service-Disabled Veteran Owned Small Business under FAR Part 19., local area set aside under the Stafford act. Therefore, the action taken to increase competition for future acquisition of these services will be executed no later than 150 days from award of this bridge contract.

Sole Source period of performance: May 18, 2023, through October 14, 2023 (150 days)

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13. 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

APPROVAL:

Contracting Officer Date

Procuring Activity Advocate for Competition Date

VICTOR F

HINOJOSA

Digitally signed by VICTOR F

HINOJOSA

Date: 2023.06.15 16:25:17 -05'00'

VICTOR F

HINOJOSA

Digitally signed by VICTOR F

HINOJOSA

Date: 2023.06.15 16:26:01 -05'00'

Digitally signed by TYUANA L BAILEY Date: 2023.06.16 09:43:45 -04'00'