JA FY24-00147 Final Redacted_.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.5 (April 2024)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(7)

J&A No.: FY24-00147

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.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Federal Protective Service (FPS), Acquisition Division (AD) proposes to extend the ordering period of contract 70RFP218DEC000004, with Golden SVCS LLC, for Armed Protective Security Officer (PSO) services at several locations in the Washington DC area on a basis other than full and open competition.

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

(a) Nature of the action: FPS AD intends to procure protective security officer services on a noncompetitive basis for up to six (6) months, from May 1, 2024, through October 31, 2024, to allow time to award the competitive follow-on contract and provide adequate time for transition.

This action will result in a modification to extend the ordering period under the current contract to allow the extension of the existing task order to continue critical PSO services at several locations in the Washington, DC area. The task order will only be extended under this contract for the necessary length of time required, but not to exceed six (6) months. The current contract is set to expire on April 30, 2024. The follow-on procurement is currently in the solicitation and evaluation phase. The Program Office submitted the original requirements package to the contracting office in August 2023; however, the post exhibit was not up to date. The finalized post exhibit wasn’t received until The solicitation was subsequently released in March 2024 and proposals were received on This follow-on effort will also require a transition period of at least 60 days from the date of award to the performance start date.

As such, this extension will allow time to complete the evaluation of proposals and award, as well as provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor:

Golden SVCS LLC 414 Old Holderford Road Kingston, TN 37763

(c) Contract type: Indefinite Delivery, Indefinite Quantity (IDIQ), Firm Fixed Price

(d) Estimated total value: $4,413,270.00 (six (6) months)

70RFP218DEC000004

Period of Performance Hours Rate Total

PSO Services ( 05/01/2024-10/31/2024

Temporary Additional Services (

05/01/2024-10/31/2024

Totals 73,554.50 $4,413,270.00 Note: Quantities reflect the maximum number of hours that will be modified into the IDIQ contract to cover the six (6) month extension. The vendor’s rate is based on the current CBA economics which were recently negotiated in the applicable CBAs.

(e) Type of funding: Operations and Support Funds

(f) Year of funding: Fiscal Year 2024 (5 Months) / 2025 (1 Month)

(g) Solicitation number: Not Applicable

(h) Background information about the requirement:

FPS AD intends to procure protective security officer services pursuant to FAR 6.302-1 as only one responsible source and no other sources will satisfy agency requirements for the continuation of Armed PSO services at the four (4) following locations in the Washington, DC area covered under this contract:

Building Address

3. Description of Supplies/Services.

The requirement is to provide Armed PSO services at several locations in the Washington DC area.

Golden SVCS LLC, is currently performing under a six (6) month extension in accordance with FAR 6.302-1 of competitively awarded contract 70RFP218DEC000004. The Procuring Activity Advocate for Competition (PACC) approved the initial Justification and Approval (J&A No.: FY24-0004) on October 10, 2023. Services under this contract will end on April 30, 2024. To complete the competitive procurement process and provide a transition period for the new follow-on contract, FPSAD finds it necessary to request approval for up to an additional six (6) months of service under the authority for other than full and open competition cited herein. This will extend the ordering period under contract 70RFP218DEC000004 from May 1, 2024 through October 31, 2024 in the event all six months are needed.

The instant action is to allow FPSAD to continue procuring Armed PSO services from Golden SVCS LLC, under contract 70RFP218DEC000004 to allow for the award of the competitive follow-on IDIQ contract and the necessary transition period. This will ensure uninterrupted security services at several locations in the Washington DC area between the expiration of the existing contract and the start of full performance by the successful vendor under the follow-on effort. The proposed sole source extension will ensure services are provided while the award is evaluated and awarded, as well as during the entire transition period for the new vendor to train and meet all requirements of the contract prior to the security personnel standing post. The Program Office has only recently submitted a finalized requirements package for this follow-on effort which was received by FPSAD in

The requirement fulfills an existing Government need, and the extension of the existing contract is the most advantageous method of fulfilling the Government’s need, price and other factors considered.

This contract extension also takes into account the government’s need for continuity of operations and potential costs of disrupting operations. The period of performance for this extension is for up to six (6) months of additional Armed PSO services from May 1, 2024, through October 31, 2024, at an approximate value of $4,413,270.00.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) implemented by FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

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.

(a) Rationale for using the authority cited in section 4 of the J&A:

The current IDIQ contract is set to expire on April 30, 2024. An award to a new vendor could result in a lapse in service and a drop in overall security jeopardizing federal government personnel, visitors, and assets.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition:

The Program Office submitted the finalized re-compete requirements package to the contracting office in Due to the nature of the PSO services, no section of the PSO services can be segregated.

(c) Summarize alternatives considered and why they will not work:

Other firms could provide Armed PSO Services at several locations in the Washington DC area, but not by May 1, 2024. This requested extension is to ensure that the security services are uninterrupted to avoid jeopardizing the safety of government employees, government facilities, and its visitors. Accordingly, no other contractor can provide the services without an unacceptable interruption in service at this time.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided:

As noted above in section C, if the J&A is not approved, this will jeopardize the safety of government employees, government facilities, and its visitors.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality:

Not Applicable

Golden SVCS LLC is currently performing Armed PSO services under contract 70RFP218DEC000004 at several locations in the Washington, DC area. The contract is set to expire on April 30, 2024. FPSAD is in the process of processing a competitive follow-on contract, and the follow-on procurement is currently in the solicitation and evaluation phase. However, due to unexpected delays, throughout the pre-solicitation process, the government requires additional time to complete the procurement prior to issuing the award of the follow-on IDIQ contract, which requires a minimum of a 60-day transition period. Unexpected and unavoidable delays occurred due to the following circumstances: While the Program Office submitted the original requirements package to the contracting office in it had to be revised several times and the final requirements package was just recently received in . In addition, quantities of Post Tracking System (PTS) tablets had to be added to the post exhibit. FPS also had to prescribe the minimum level of supervision for the instant requirement (incumbent contract supervision is based upon the vendor’s Management Approach and is currently factored into the PSO billing rate. Some of these revisions were a direct result of changes in customers’ supervision requirements (increasing/decreasing supervisory post coverage), which were communicated to FPS in In addition, the FPS Region 11 program office was prioritizing recompete packages for over ten (10) separate Multiple Award Contract (MAC) protective security officer requirements. Track #1 (unrestricted) was awarded in December 2023 with a start date of January 1, 2024. The MAC recompetes were prioritized to avoid PSO service disruption for numerous locations throughout Washington D.C., Virginia, Maryland, and the United States, and to ensure unforeseen PSO services could be processed for any urgent requirement. This recompete cycle has put a strain on both FPSAD and the FPS Region 11 Program Office, which has further necessitated delays in receiving an updated requirements package for this effort. Therefore, the circumstances listed above necessitates an extension of the incumbent contract to allow for the evaluation and award of the follow-on contract and the required transition period.

The follow-on requirement under this contract is estimated to be awarded on or before August 31, 2024, with an anticipated performance start date on or before November 1, 2024. The follow-on contract will have a transition period with a minimum of approximately 60 days from the date of award to the performance start date. This transition period enables the follow-on contractor to obtain all necessary equipment, licenses, training, and other certification/suitability requirements for its employees to be able to begin standing post at the start of performance. Due to extensive screening, training, health, licensing, and transition requirements required for Armed PSOs under the FPS program, another Armed PSO firm cannot immediately replace the existing contractor without a significant and severe drop in overall security jeopardizing federal government personnel, visitors, and assets. Accordingly, it is also not feasible for any portion of the work to be segregated to allow for competition. The incumbent contractor, Golden SVCS LLC, is familiar with the instant requirement, facility locations, and has a fully qualified staff in place and is the only contractor at this time that can immediately fulfill the requirement without delay and interruption of services. As a result, a short-term extension of services under the current contract is necessary to ensure a seamless transition takes place from the existing requirement to the follow-on effort.

Title 40 United States Code (U.S.C.) §1315 gives DHS the responsibility to protect Federal facilities and the people thereon. Presidential Policy Directive 21 (PPD-21), and the National Infrastructure Protection Plan (NIPP) further refine DHS’s responsibility to protect buildings, grounds, and property that are owned, occupied, or secured by the Federal Government. These documents also establish U.S. policy for the protection and resilience of the Nation’s critical infrastructure and provide a framework for integrating efforts designed to enhance the safety of critical infrastructure. Given the reality of terrorist threats, it is in the best interests of DHS and the public to continue to allow the incumbent contractor to provide services until the follow-on IDIQ contract is appropriately transitioned. Effective Armed PSO services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. Armed PSO services also mitigate threats by detecting firearms, hazardous materials, and suspicious packages at these locations. Due to these critical roles, a modification to extend the current ordering period under contract 70RFP218DEC000004 with Golden SVCS LLC, is required to allow placement of a new contract to provide continued services is needed to ensure uninterrupted service, a seamless transition, and to eliminate potential disruption in Armed PSO services.

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

The circumstance restricting competition for this acquisition is that “only one responsible source and no other supplies or services will satisfy agency requirements,” pursuant to FAR 6.302-1. Therefore, no exception to the FAR 5.2 notification requirement applies, and FPS AD posted the requirement on SAM.gov on 04/17/2024, pursuant to FAR 5.201(b)(1)(ii). FPSAD intends to make this justification publicly available pursuant to FAR 6.305.

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

The Contracting Officer has determined that the proposed rate is fair and reasonable based on comparison of the estimated price to historical prices paid for the same or similar items in accordance with FAR 15.404-1(b)(2)(ii). A full price analysis will be performed within a Memo to File associated with the extension modification; however, an analysis using the current request for equitable adjustment amount subject to negotiation is as follows:

Contractor Contract Number Locati on

Basic Hourly Rate

Difference From Current Contract

Golden SVCS LLC 70RFP218DEC000004 DC - Master Security Company, LLC

70RFP223DEC000004 MD /

Kerberos International 70RFP223DEC000005 DC /

Simmons & Golden Security LLC

70RFP223DEC000002 MD /

Note: As Regular PSO Services make up 90% of the work required, only the regular PSO hourly rates were utilized in this analysis.

The CO will ensure that the rates for the extension are competitive to the rates for other Armed PSO services in the marketplace. As CBAs are in place under this contract, any other contractor would be required to pay PSOs the same wages and fringe benefits as the current contractor, Golden SVCS is currently paying its PSOs. It is noted that there have been no significant revisions to the scope of the contract or general market conditions that would significantly alter the competitive landscape upon which the prices were based. The work to be performed during this performance period is of the same type of effort that was solicited, and which is currently being executed and is not considered to be new work. In accordance with FAR 15.403-1(b)(3), no certified cost or pricing data will be required because the service is commercially available to the general public.

The Contracting Officer has determined that issuing the proposed extension of services to Golden SVCS LLC will result in the most advantageous method of fulfilling the government’s need, price, and other factors considered. This extension also takes into account the government’s need for continuity of operations and potential costs of disrupting operations.

9. Description of Market Research.

FPS AD has conducted its market research for the new requirement and is familiar with other potential sources and their qualifications. Based on our market research, other firms could provide Armed PSO Services at several locations in the Washington DC area, but not by May 1, 2024, causing unacceptable delays or potentially jeopardizing the safety of government employees, government facilities, and its visitors. Accordingly, no other contractor can provide the services without an unacceptable interruption in service at this time.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

Since it is essential that services continue without interruption for the security of the facilities, its tenants, and visitors, ( it is in the best interest of the government to extend the ordering period for up to six (6) months under contract 70RFP218DEC000004 with the current contractor.

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

Not Applicable.

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 requirement is for the sole purpose of issuing a modification to continue Armed PSO services under contract 70RFP218DEC000004 until the competitive follow-on contract is awarded and transitioned to start. The agency received a finalized requirements package for the follow-on in

. FPS AD plans to make award no later than August 31, 2024, with the new award to start by November 1, 2024. The extension of the existing task order will only be issued under this contract for the necessary length of time required, but not to exceed six (6) months. It is essential that Armed PSO services continue without interruption for the security of several locations in the Washington DC area to ensure the safety of government employees, government facilities, and its visitors at these locations.

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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.

Corey Parkes Date Contracting Officer FPS Acquisitions Division Office of Procurement Operations

14. 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.

Donness Ousley Date Technical Representative / COR Federal Protective Service

APPROVAL:

Procuring Activity Advocate for Competition or designee Date Office of Procurement Operations

COREY R PARKES

Digitally signed by COREY R

PARKES

Date: 2024.04.24 09:29:29 -04'00'

DONNESS L OUSLEY

Digitally signed by DONNESS L

OUSLEY

Date: 2024.04.24 09:40:20 -04'00'

DAVID A RITTER

Digitally signed by DAVID A

RITTER

Date: 2024.04.30 21:03:36 -04'00'