JA FY25-00139 Brooklyn NY - redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

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

J&A No.: FY25-00139

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 70RFP119DE2000005, with Alante Security Group, Inc (Alante) for Armed Protective Security Officer (PSO) services throughout Brooklyn, Long Island, and Staten Island, New York on the basis of other than full and open competition.

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

(a) Nature of action: FPS AD intends to procure protective security officer services on a noncompetitive basis for up to six (6) months, June 1, 2025 – November 30, 2025, to allow time to finalize award of the competitive follow-on contract and provide adequate time for transition. This action will result in a modification to extend the ordering period of the current contract to allow placement of a task order to continue critical PSO services throughout Brooklyn, Long Island, and Staten Island, New York. The task order will only be issued 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 May 31, 2025. The follow-on procurement is currently in the pre-award phase. Due to various delays, which include the replacement of a member serving on the Technical Evaluation Team, requirement changes initiated by the Program Office, and new internal review procedures, additional time is needed to finalize the award documentation. FPS AD is using a 100% small business set-aside for the follow-on requirement. This follow-on effort will also require a transition period of 120 days from the date of award to the performance start date. As such, this extension will allow time to complete the award documentation reviews and provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor.

Alante Security Group, Inc

State Island, New York 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 being finalized and will also cover the 120-day transition for the new vendor to train and meet all requirements of the new contract prior to standing post. The solicitation was issued on April 26, 2024 as a 100% small business set-aside for Protective Security Officer and related services. The requirement fulfills an existing government need and the extension of the existing contract is the most advantageous and only practical 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 PSO services from June 1, 2025, through November 30, 2025; at an approximate value of

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)(l) 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.

Alante is currently satisfactorily performing PSO services under Contract 70RFP119DE2000005.

The contract is set to expire on May 31, 2025. FPS AD is in the process of awarding the follow-on contract which was solicited as a 100% small business set-aside for Protective Security Officer services

However, due to unexpected delays and circumstances beyond the control of the contracting office, the Government requires additional time to award the follow-on contract and allow for a 120- day transition. The unexpected delays were attributable to the following: ( 1 ) Multiple updates were made to this requirement after the solicitation was issued, which included a revised Scope of Work (SOW) and an updated Post Exhibit, (2) replacement of a member of the Technical Evaluation Team, and (3) new internal review processes.

The follow-on requirement under this contract is estimated to be awarded on or before August 1, 2025, with an anticipated performance start date on or before December 1, 2025. The follow-on contract will have a transition period of 120 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 certifications/ suitability requirements for its employees to be able to begin standing post at the start of performance. Due to extensive screening, training, licensing, and transition requirements for PSOs under the FPS program, another PSO firm cannot immediately replace the existing contractor without a severe and unacceptable degradation in overall security jeopardizing federal government personnel, visitors, and assets. For these reasons, it is also not feasible for any portion of the work to be segregated to allow for competition. The incumbent contractor, Alante 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 or 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 therein. 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 contract is appropriately transitioned. Effective PSO services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. 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 ordering period under the current contract 70RFP119DE2000005 with Alante is required to allow placement of a new competitive contract to provide continued services to ensure uninterrupted service, a seamless transition, and to eliminate potential disruption in 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 requirement 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 this requirement to SAM.gov on May 20, 2025 pursuant to FAR 5.201(b)(1)(ii). FPS AD 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 hourly rate of for PSO services throughout Brooklyn, Long Island, and Staten Island, New York proposed for the six (6) month extension period is fair and reasonable based on comparison of the proposed prices to historical prices paid for the same or similar items in accordance with FAR 15.404-1(b)(2)(ii). The price analysis table below shows the comparison in hourly priced rates from different contracts that were competitively awarded for PSO Armed Guard Services for the FPS Eastern Zone to the price established for the J&A period. All contracts have similar Statements of Work and similar training/ certification requirements as they are all for Armed PSO services. Only the Basic PSO rate is being used for comparison as it makes up the majority of services ordered under the contract.

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 PSO services under Contract 70RFP119DE2000005 until the competitive follow-on contract is awarded and transitioned to start. The agency is currently processing a follow-on requirement which is taking longer than originally projected due to unanticipated issues and delays. The agency plans to make award no later than August 1, 2025, with the new award to start no later than December 1, 2025. It is essential that services continue without interruption for the security of federal facilities throughout Brooklyn, Long Island, and Staten Island, New York to include government personnel and visitors at these locations.