JA SFB 52.217-8 Option to Extend Services.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(41 U.S.C. § 3304(a)(2))

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 office of Contract and Procurement, Mission Essentials Acquisition Division (MEAD) of the Transportation Security Administration (TSA) intends to issue an extension to the period of performance of task order 70T05019F5NSPP004 for up to six months on a basis other than full and open competition.

The Justification and Approval tracking number of this document is JA-2024-1092.

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

(a) Nature of action: This J&A seeks approval for the extension of task order

70T05019F5NSPP004 in accordance with Federal Acquisition Regulation Clause 52.217- 8, Option to Extend Services. This clause is included in the contract; however, the pricing for the extension period was not evaluated at the time of award.

(b) Name and address of the contractor:

Trinity Technology Group 7921 Jones Branch Drive, Suite 400 McLean, Virginia 22102.

(c) Contract type: Firm Fixed Price.

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

5-month extension: $5,452,121 1 month additional Extension, if needed: $1,090,424 6-month extension total: $6,542,545

The above pricing was derived by extrapolating Option Period 4 of the current Firm Fixed Priced SFB Task Order. Pricing of Option Period 4 was determined to be fair and reasonable by comparison to the Federal Cost Estimate (FCE) and Independent Government Cost Estimate (IGCE)(15.404-1(b)(2)(v)). In addition, a comparison amongst proposals (FAR 15.404-1(b)(2)(i)) was completed at time of award. 6 proposals were received to establish adequate pricing competition. Throughout the life of the Task

Order minimal adjustments have been made to pricing in accordance with ATSA Minimum Compensation modifications. These factors ensure that the extension period is priced appropriately, reflecting any changes in the price or market environment since the original contract was established.

(e) Type of funding: Screening and Operations.

(f) Year of funding: Fiscal Year 2024.

(g) Solicitation number: None.

(h) This requirement provides Airport security screening services. The principle requirements are to provide security screening of passengers and baggage at the airport, and to ensure the security of designated security areas. Airport security screening services required under the task order also include related screening support services, security training, the provision of contracted deliverables and specified personnel and task order management functions in order to meet the full scope of requirements.

3. Description of Supplies/Services.

The requirement is to provide passenger and baggage security screening services at Orlando Sanford International Airport (airport code SFB) within the framework of the TSA provided guidance, oversight, directives, training, performance measures, and required deliverables.

As provided by the Aviation and Transportation Security Act, the SFB airport operator has elected to have a contracted workforce provide the same security services performed by TSA officers across the vast majority of Federal airports.

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 the FAR Subpart 6.302-1 entitled “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) Trinity Technology Group, Inc. currently provides the Transportation Security

Administration with comprehensive passenger and baggage screening services at SFB.

The current SFB screening services task order 70T05019F5NSPP004 is set to expire on August 29, 2024. This extension is necessary due to two pre-award protests that delayed the procurement by a total of 263 calendar days.

Re-competition and selection of another contractor for this extension is not feasible or reasonable. Prior to the start of performing full operational screening services, a new contractor must undertake numerous “transition” activities. These include human resource functions with transferring any incumbent employees to the new contractor, recruiting new employees, security vetting, badge outfitting with new contractor-specific uniforms, training, etc.

Sufficient time does not exist to develop a new procurement package and solicit this (maximum) 6-month extension before the expiration of the existing task order, nor is it reasonable to issue a task order for up to 6 months of service which would also require a preliminary transition period of 4 months. Further, there are not sufficient Federal resources available to replace the contractor workforce at SFB, and there are no other alternative contracts available to support this requirement.

(b) This extension is necessary due to two pre-award protests. Solicitation

70T05023R5900N004 was issued on 8/25/2023 and was set to close on 10/5/2023. As a result of the first pre-award protest, Solicitation 70T05023R5900N004 was cancelled after it was determined that several areas of the requirement needed to be revised. TSA revised the requirement and issued new Solicitation 70T05024R5900N002 on 1/19/2024.

The second pre-award protest was received on 2/9/2024 and caused Solicitation 70T05024R5900N002 to be put on hold. This protest was dismissed by GAO on 5/7/2024. On 6/3/2024, TSA re-issued Solicitation 70T05024R5900N002 with a closing date of 6/24/2024.

(c) Disruption of security screening services at SFB would have a major impact on the people travelling through SFB each day. Not having contractor screening services at SFB would create an unacceptable risk to the security posture not just at SFB, but also at all aviation destinations for flights originating from SFB, and the entirety of the nation’s airspace.

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

The extension will be exercised in accordance with FAR 52.217-8. This action will not be synopsized based on the exception identified in FAR 5.202(a) (11): The proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207 with respect to the current proposed action.

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 anticipated price of this extension will be fair and reasonable based on prior acquisition history and a comparison to the independent Government cost estimate for the extension period of performance.

9. Description of Market Research.

Extensive market research was conducted in accordance with FAR Part 10 for the original acquisition and prior to the exercise of each of the option years under the task order.

Additional contemporaneous market research confirmed the requirements (transition activities) for a new contractor, and ascertained the lack of availability of TSA resources to perform the screening services at SFB. The analysis of the commercial market indicated there were no unknown sources, nor any requirements changes that would affect the cost of performance of these services and revealed the prices on the existing contract were fair and reasonable.

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

None.

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

None.

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 action is allowing for the completion of a previously conducted competition. No barriers to competition exist.

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

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.

Technical Representative Date

APPROVAL:

Competition Advocate (CA)/ Acquisition Policy Division (APD)

Date