JA Nairobi extension - signed.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 an additional one (1) year is approximately $8,228,237.80.

Base extension (2 months): September 1, 2023 - October 31, 2023; $1,371,372.97

Extension Option 1 (1 month): November 1, 2023 – November 30, 2023; $685,686.48

Extension Option 2 (1 month): December 1, 2023 – December 31, 2023; $685,686.48

Extension Option 3 (1 month): January 1, 2024 – January 31, 2024; $685,686.48

Extension Option 4 (1 month): February 1, 2024 – February 29, 2024; $685,686.48

Extension Option 5 (1 month): March 1, 2024 – March 31, 2024; $685,686.48

Extension Option 6 (1 month): April 1, 2024 – April 30, 2024; $685,686.48

Extension Option 7 (1 month): May 1, 2024 – May 31, 2024; $685,686.48

Extension Option 8 (1 month): June 1, 2024 – June 30, 2024; $685,686.48

Extension Option 9 (1 month): July 1, 2024 – July 31, 2024; $685,686.48

Extension Option 10 (1 month): August 1, 2024 – August 31, 2024; $685,686.48

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

A new, unusual and compelling single year contract is being sought for the incumbent contactor

Aegis-KK Security for the Government to complete the full and open competitive solicitation

19AQMM22R0160 process due to extenuating circumstances stated below.

The contract for Nairobi, SAQMMA17C0012 expires on August 31, 2023. The Government is working to finalize solicitation, 19AQMM22R0160 and award the new contract, 19AQMM23C0089.

Security services are needed for up to one (1) year to complete the solicitation process, as well as allow time for the required ninety (90) day transition period to the new contract award.

The action to be approved is for the contract extension of SAQMMA17C0012 to the incumbent contactor, Aegis-KK Security, 1760 Old Meadow Rd STE 400, McLean, VA 22102-4333

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

52.217-8, Option to Extend Services, was exercised for a period of six (6) months for the period of performance of March 01, 2022 through August 31, 2022. A one-year Procurement Executive-approved extension was exercised on August 30, 2022 with a performance period of September 1, 2022 through August 31, 2023. The competitive solicitation, 19AQMM22R0160 was posted to

SAM.gov on September 23, 2022. Additional time is being requested for unforeseen delays due to a delay at Post acquiring the necessary exhibits needed for the solicitation. Also, there was an agency-level protest that was filed challenging the language in this solicitation. Although 19AQMM22R0160 was not initially protested directly, the solicitation was paused until the Government clarified pertinent solicitation language. 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 an additional base period of two (2) months and ten (10) one-month options, while a contract award is conducted. The initial two (2) months extension period, from September 01, 2023 - October 31, 2023, will allow for the State Department to complete the follow-on award and allow the follow-on contractor awardee a 90-day transition period. The ten (10) one (1) month option periods will allow for availability of additional transition time if the follow-on award is protested. 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 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 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. 253(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.

Aegis-KK Security is the incumbent contractor currently providing services and possesses a valid security license. They are 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. To consider any other vendor would take considerable transition time to confirm licenses, transfer guard personnel, establish equipment, vet all required personnel, and stand up a fully functional guard force consistent with federal government requirements.

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 notice 19AQMM22R0160 was released on SAM.gov on

September 23, 2022, allowing any potential offeror the opportunity to review a pre-solicitation site visit for those offerors interested in submitting a proposal. However, contract award and associated transition cannot be implemented before the current contract expires. As such, a two (2) month base period and ten (10), 1-month option periods are necessary to ensure the safety and security of the

Embassy. The additional timeframe associated with the contract award will permit State Department to conduct a complete analysis of submitted proposals and a full 90-day transition.

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 1-year contract extension period.

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 for the follow-on contract and is documented in the solicitation file.

The current contractor is the only contractor that can provide security services without disruption to the mission of the U.S. Embassy Nairobi.

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.

Due to the urgency of this requirement, the Department of State limited the number of sources considered to firms with proven track records of providing local guard services in Nairobi, the financial resources to rapidly deploy services, and the means to quickly take over management of a local guard force in Nairobi. Aegis-KK Security is the only company who currently has a fully vetted and trained security guard force who can immediately provide the required services.

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. Acquisition

Management published a full and open solicitation on Sam.gov for the follow-on to this requirement on September 23, 2022, and will continue to compete this requirement to the fullest practicable extent necessary for the subsequent acquisition.

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

Fabiola Bellevue Date

Branch Chief

Patrick Reilly Date

Division Director

6/29/2023

17 July 2023

7/25/2023

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

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

APPROVAL

Sharon James Date

Competition Advocate

Office of Acquisition Management