JA FY25-039 Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1)

J&A No.: FY25-039

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 70RFP219DEC000013, with KR Contracting, Inc., for armed Protective Security Officer (PSO) services in the Washington DC on a basis other than full and open competition.

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

(a) Nature of the action: FPSAD intends to procure protective security officer services on a noncompetitive basis for up to six (6) months, January 1, 2025, through June 30, 2025. This action will result in a modification to extend the ordering period under the current contract to allow placement of a task order to continue critical PSO services at this facility (Postal Square) located in Washington DC. 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 December 31, 2024. There will be no follow-on procurement since FPS provided PSO services will no longer be required at this facility due to the Government stakeholders moving out of this location. As such, this extension will allow time for FPS provided PSO services at this location to be drawn down and discontinued in an orderly fashion.

(b) Name and address of the contractor:

KR Contracting, Inc.

7921 Jones Branch Drive Suite 400 Mclean, VA 22102-3377

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

(d) Estimated total value: $2,944,397.40 (six (6) months)

70RFP219DEC000013

Period of

Performance Hours Rate Total

PSO Services 01/1/2025 06/30/2025

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.

acquisition requires use of the authority cited.

KR Contracting, Inc. is currently performing armed PSO services under contract 70RFP219DEC000013 at this facility in Washington, DC. The contract is set to expire on December 31, 2024. FPS Program Office determined there is no follow-on requirement because PSO Services are being ended at this facility by June 30, 2025. FPS was originally notified in the second quarter 2024 that the customer agency was moving out of this facility. The FPS COR has confirmed/concurred with the customer that June 30, 2025 is a hard stop end date for all PSO services under this contract. Furthermore, the Deputy Director of National Postal Museum, Smithsonian Institution, verified in an email dated 12/12/2024, as f

(SWA), in accordance with clause 10 of the S with sixty (60) days' prior written notice. Based on this circumstance, it necessitates an extension of the incumbent contract to allow for services to be provided up until services are no longer required at this location. A follow-on effort is not in the best interest of the Government due to continuity of operations and would be cost prohibitive due to the short duration that services will be required at this location less than 6 months. Due to the extensive screening, training, health, licensing, etc. 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. In addition, another vendor would have significant start-up costs which would result in much higher billing rates to the Government. Accordingly, it is also not feasible for any portion of the work to be segregated to allow for competition. The incumbent contractor, KR Contracting, Inc., is familiar with the instant requirement, facility location, 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 no interruption of services happen from the existing requirement until FPS provided PSO services end at this facility.

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 that are owned, occupied, or secured by the Federal Government. These documents also establish U.S. policy for t 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 stakeholder completely vacates this location and

1(b)(3), no certified cost or pricing data will be required because the service is commercially available to the general public.

9. Description of Market Research.

FPS AD verified its market research and is familiar with other potential sources and their qualifications. Based on our market research, other firms could provide Armed PSO Services at this location in the Washington DC area, but not by January 1, 2025, 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 70RFP219DEC000013 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 70RFP219DEC000013 until all FPS provided PSO Services are ended at this facility.

The contract will be extended 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 this location in Washington DC to ensure the safety of government employees, government facilities, and its visitors at these locations.

(Remainder of this page left blank intentionally)