JA Nairobi.pdf

SBU - CONTRACTING AND ACQUISITIONS

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. The Office of Acquisition Management is conducting this acquisition for Local Guard

Services for the U.S. Embassy Nairobi on behalf of DS/IP/OPO. The estimated contract cost for up to one (1) year is approximately $7,881,648.57 derived from the IGCE.

Base extension (6 months): September 1, 2022 – February 28, 2023; $3,940,824.28 Extension Option 1 (3 months): March 1, 2023 – May 31, 2023; $1,970,412.14

Extension Option 2 (1 month): June 1, 2023 – June 30, 2023; $656,804.05

Extension Option 3 (1 month): July 1, 2023 – July 31, 2023; $656,804.05

Extension Option 4 (1 month): August 1, 2023 – August 31, 2023; $656,804.05

2. Nature and/or description of the action being approved

The action to be approved is for a contract extension of SAQMMA17C0012 to the incumbent contractor, GardaWorld Federal at 1760 OLD MEADOW RD STE 400, MCLEAN, VA 22102-4333.

The current contract, SAQMMA17C0012, Option Year 4 end date was February 28, 2022.

Additionally, FAR 52.217-8, Option to Extend Services, was exercised for a period of six (6) months for the period of performance from March 1, 2022 through August 31, 2022. The pre-solicitation synopsis, 19AQMM22R0160, has been posted to SAM.gov on July 19, 2022. Competitive solicitation is anticipated to be posted early FY2023 once all terms and conditions have been finalized.

Therefore, failure to permit the execution of this extension could result in a disruption of current services and cause serious injury to the U.S. Government.

The contract extension will consist of one (1) six-month base period, one (1) three-month option period, and three (3) one-month option periods while a contract award is conducted. The initial six-month extension base period will allow for the State Department to complete the solicitation and evaluations and follow-on contract. The three-month option period along with the remaining three one-month option periods will allow the follow-on contractor awardee a 90-day transition period and will allow for availability of additional transition time if the follow-on award is protested or if a timely decision has not been made for any of the previously mentioned delays affecting this solicitation. The State Department anticipates the successful transition to be completed once the follow-on award is completed.

3. A description of the supplies or services required to meet the Department’s needs.

Local guard security services are required at the U.S. Embassy Nairobi. The U.S. Embassy’s mission of conducting foreign policy must be accomplished in a safe and secure environment. The primary mission of the local guard service is to provide 1 protection for United States personnel, facilities and equipment from damage or loss due to violent attack and theft. The local guards act as an early warning signal to the American Mission and the Regional Security Officer. The local guard services shall prevent unauthorized access, protect life, maintain order, deter criminal attacks against employees, dependents, property, terrorist acts against all U.S. assets, and prevent damage to

Government property.

4. An identification of the statutory authority permitting other than full and open competition

The statutory authority is 41 U.S.C. 3304(c)(2). The regulatory authority is FAR 6.302-2, Unusual and compelling urgency.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

GardaWorld Federal is the incumbent contractor currently providing local guard services at the embassy. As such, GardaWorld Federal retains the managerial, administrative, and direct labor person in-place to accomplish the required work with minimal disruption to the Embassy mission.

GardaWorld Federal is the only firm that can provide a complete fully vetted and equipped guard force with all necessary operating licenses and permits for the host country. They have current job knowledge and functioning operations in place to ensure continuous local guard services.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

A full and open competitive solicitation for follow-on services will be posted on SAM.gov. That solicitation will result in a new contract with a performance period up to 5 years.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Cost analysis has been completed to establish fair and reasonable pricing before award of the contract extension. Cost analysis was conducted in accordance with FAR 15.404-1 (c) to ensure the pricing is fair and reasonable. The proposed unit pricing for each labor category is in accordance with the current 6-month contract extension period and OY 4 of the current contract. The CO has determined that the prices paid are fair and reasonable.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

Market research was conducted, and the contracting office received interest from five vendors that can potentially perform a follow-on contract and is documented in the contract file. However, these companies cannot stand up a fully trained and vetted guard force for this interim contract within the time prior to prior to the expiration of the contract.

9. Any other facts supporting the use of other than full and open competition.

The U.S. Embassy Nairobi cannot operate with any break in local guard services because matters of security for the U.S. Mission are of the utmost importance. A break in local guard service could cripple Mission operations, jeopardizing the mission, and possibly lives.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition.

A pre-solicitation synopsis was posted on SAM.gov, on July 19, 2022. The USG received interest from nine (9) vendors requesting access to the restricted documents once the competitive solicitation is posted:

Continuity Global Services (CGS) Inter-Con Security GardaWorld Federal Services Diplomatic Security Services, LLC Direct Gov Solutions LLC Sakon Services Paragon Systems Triple Canopy Inc.

G4S Secure Solutions International Inc.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Under FAR 6.305(b), this notice will be posted to sam.gov within thirty (30) days of award.

Furthermore, AQM promotes competition for award of all local guard contracts.

CERTIFICATIONS

12. I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

Carlos Fogarthy Date

Deputy Division Chief

DS/IP/OPO/FPD

Date

13. CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12))

I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

APPROVALS

Brian Averhart Date

Contracting Officer

A/OPE/AQM/DSCD

Date Fabiola Bellevue Branch Chief

A/OPE/AQM/DSCD

Date Patrick A. Reilly

Division Director

A/OPE/AQM/DSCD

LEGAL SUFFICIENCY REVIEW (Ref: PIB NO. 2010-24); AQM QA Plan

This J&A is hereby determined to be legally sufficient.

John W. Cox Date

Legal Advisor

L/BA

7/27/2022

11 Aug 2022

15 August 2022

16 August 2022

PROCURING ACTIVITY COMPETITION ADVOCATE - (Ref: FAR 6.501) -

APPROVAL

Date Sharon James Competition Advocate Office of Acquisition Management