JOFOC Extension NNA15BA92C-Final_Approved_7-29-20.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Ames Research Center (ARC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Protective Services Office Support Services, Contract Number NNA15BA92C

1. Federal Acquisition Regulation (FAR) 6.303-2(b)(1) – Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition prepared by

National Aeronautics and Space Administration (NASA) Ames Research Center (ARC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is the Procurement Office located at Ames Research Center (ARC). This

JOFOC is recorded in the ARC JOFOC log as JA-FY20-J07.

2. FAR 6.303-2(b)(2) – The nature and/or description of the action being approved:

This justification provides the rationale for contracting by other than full and open competition to award a sole-source contract extension to Contract Number NNA15BA92C for twenty-four (24) months with American Paragon Protective Services, LLC, herein referred to as APPS, located at 902 Crystal Falls Parkway Leander, TX 78641.

The Protective Services Office (PSO) Support Services Contract, hereafter referred to as the

“PSO contract,” Contract Number NNA15BA92C, was awarded on 23 July 2015 after a competitive procurement. It contained a 60-day phase-in period, a contract base period of one (1) year, and four (4) successive option periods of one (1) year each. Phase-in began on the effective date of 1 September 2015 and the period of performance ends on 31 August

2020. Under the PSO contract, APPS provides uniformed security operations, infrastructure security, personnel security, international visit coordination, export control, visitor registration and access pass processing, employee badging, dispatch firefighting, fire prevention and fire protection engineering, aircraft rescue and firefighting, emergency management and federal law enforcement training to ARC.

The PSO contract is a hybrid contract consisting of Firm Fixed Price (FFP) Core and two (2)

Indefinite Delivery Indefinite Quantity (IDIQ) Contract Line Item Numbers (CLINs) under which FFP and Time and Materials (T&M) task orders are executed. The Period of

Performance (POP) of the contract will be extended by awarding additional Core CLINs and extending the ordering period of the IDIQ CLINs. The contract ends on 31 August 2020; the duration of the extension is twenty-four (24) months with a POP from 1 September 2020 to

31 August 2022.

This JOFOC documents the basis and authorities to increase the contract value and enter into an extension period for a maximum of twenty-four (24) months. This extension will allow time to compete the competitive procurement for the PSO follow-on contract, which is currently ongoing.

ARC has prepared a Request for Deviation from FAR 17.204(e) and NFS 1817.204(e)(1) to extend the PSO contract beyond its original five (5) year POP. The Deviation is being routed to NASA Headquarters for approval by the Associate Administrator of Procurement.

3. FAR 6.303-2(b)(3) – A description of the supplies or services required, to meet the

Agency’s needs (including the estimated value):

The PSO contract provides the following services: Program Management; Uniformed

Services (armed Security, armed Law Enforcement, 9-1-1 Dispatch Center); Infrastructure

Security (Physical Security, Access Control Systems, Information Security, Technical

Security, Locksmith); Employee and Visitor Processing Offices (Personnel Security;

Employee Badge Office, Visitor Registration and Pass Office, International Visit Office);

and Fire Services (Fire Operations; Aircraft Rescue and Firefighting; Technical Rescue;

Hazardous Materials Response; Emergency Medical; Fire Prevention). These services are required and vital to enable the PSO to fulfill its critical mission to protect life, property and the environment.

The purpose of this JOFOC is to extend the POP of the current PSO contract for up to a period of twenty-four (24) months, pending the completion of the competitive procurement for the PSO and fire services follow-on contracts. The extension will consist of two twelve

(12) month option periods (Option Year 5 and Option Year 6). Option years 5 and 6 will each have four CLINs: two CLINs for the Core effort (Program Management and Fire Services), one CLIN for IDIQ service task orders, and one CLIN for IDIQ/T&M other direct cost and material items.

As indicated above, the PSO contract is a hybrid contract consisting of Core and IDIQ requirements. The current total maximum contract value is $148,089,025.84 and includes the

Phase-in costs ($88,474.84), Core Services ($47,333,588.00) and a maximum IDIQ value of

$100,666,963.00.

The Core value for the extendced POP will increase by approximately $20.6M. The $20.6M was derived by using historical actuals and applying the NASA recommended escalation of

3.4 percent. The IDIQ value will increase by $28M as it is anticipated that the maximum order quantity will be exceeded during the twenty-four (24) month extension period. The

$28M was derived by using historical contract IDIQ actuals and applying the NASA recommended escalation of 3.4 percent. The requirements anticipated to be completed under the IDIQ portion of the contract during the extension period were also considered when developing the estimate for the increase in maximum ordering quantity.

The estimated value of the Option Year 5 CLINs are: Core Program Management CLIN

$802,980; Core Fire Services CLIN $9.3M; IDIQ services task order CLIN $11.7M and

IDIQ/T&M CLIN $1.6M.

The estimated value of the Option Year 6 CLINs are: Core Program Management CLIN

$829,639; Core Fire Services CLIN $9.6M; IDIQ services task order CLIN $12M and

IDIQ/T&M CLIN $1.6M.

The current total maximum contract value of $148,089,025.84 will increase to $196,689,026 due to the $20.6M increase to the Core and the $28M to the IDIQ.

4. FAR 6.303-2(b)(4) – An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 10 U.S.C.

2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. FAR 6.303-2(b)(5) – A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The rationale supporting the use of 10 U.S.C. 2304(c)(1) is described below.

In accordance with FAR 6.302-1(a)(2), it is determined that the incumbent contractor, APPS is the only responsible source that can satisfy the Government’s requirements of the PSO contract and no other type of supplies or services will satisfy agency requirements.

The Protective Services Office at ARC is largely supported by contractor employees; as such, it is not currently in a position to perform all of the requirements performed under the PSO contract. APPS and their subcontractor provide a wide range of mission-critical emergency services which include armed uniformed security operations (law enforcement and security), physical security, personnel security, international visit coordination, visitor registration and pass processing, employee badging, 9-1-1 dispatch, fire operations, technical rescue, hazardous materials response, fire prevention, and aircraft rescue and firefighting, to ARC, the NASA Research Park (NRP), and the Airfield. As reflected in Sections 8 and 10 of this

JOFOC, market research was conducted and only three (3) companies other than APPS responded; none were capable of performing all of the minimum requirements.

Failure to extend the contract would result in disruption of critical emergency services supporting ARC, the NRP and Airfield. The emergency services provided under the PSO contract are required for the protection of Government property, life and safety. Based upon the market research and the synopsis posted to beta.sam.gov website, as further described below, APPS is the only responsible source capable of providing the full scope of emergency service requirements required in the PSO PWS for the twenty-four (24) month extension period.

6. FAR 6.303-2(b)(6) – A description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies:

A notice to the Government Point of Entry (GPE) website (beta.sam.gov) was published on

6 April 2020, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source extension to APPS. The results of this synopsis are summarized in Section 10 below.

7. FAR 6.303-2(b)(7) – A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer’s signature on this document indicates that the Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. The

Contractor shall be required to submit a proposal to be evaluated and negotiated by the

Government. Prior to execution of the contractual instrument, a proposal analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable.

As discussed in Section 3 above, the twenty-four (24) month contract extension would result in an increase to the Core and IDIQ values of the contract. The Independent Government

Cost Estimate (IGCE) for the extension period was based on historical costs on the PSO contract, the anticipated escalation rate for the extended period, and the estimated labor costs to perform all requirements projected to be ordered under the extension.

The Contracting Officer will request and evaluate a proposal with certified cost and pricing data for the contract extension in accordance with FAR 15.402(a) and FAR 15.404. The proposal analysis will include a price analysis technique comparing historical actuals of the proposed price for the Core CLINs and the task orders that will be executed at the beginning of the extension. A cost element analysis, to review and evaluate the separate elements of cost, including profit, will be accomplished to determine if the projected price is fair and reasonable. The Government will prepare a Pre-negotiation Memorandum prior to the initiation of negotiations in accordance with FAR 15.406. During the extension period(s), a proposal analysis will be performed on each task order before award and in accordance with

FAR 15.404.

The Contractor will be required to provide pricing for the twenty-four (24) month extension period, as well as pricing for an additional six (6) months. This will allow the Government to utilize FAR 52.217-8, Option to Extend Services, should the award of the follow-on contract be delayed by protest or other unforeseen circumstances.

8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons market research was not conducted:

The Contracting Officer and Contracting Officers Representatives (CORs) conducted market research in support of the decision to extend Contract Number NNA15BA92C with APPS, based upon the COR’s technical knowledge of the current PSO requirements and those projected for the extension period.

As indicated in Section 6 above, the Government posted a synopsis on the GPE website

(beta.SAM.gov) on 6 April 2020. The purpose of the synopsis was to (1) notify industry of

NASA’s intent to extend the contract on a sole source basis and (2) solicit information about interested sources that are capable of providing the required support during the extended

POP. Interested organizations were invited to submit their capabilities and qualifications in writing. The Government received three (3) responses from industry; however, as indicated in Section 10 below, the Government determined that they were not capable of providing all of the services required.

Additionally, the Contracting Officer and CORs also conducted market research via various

Government databases, including the Dynamic Small Business Search (DSBS) and the

NASA Vendor Database (NVD). The GSA Schedule 84, Security, Fire, & Law

Enforcement, was also reviewed; however, all of ARC’s requirements do not fall under one specific schedule. In conclusion, market research demonstrated that although over 100 firms could provide security services, only three responded to the Government’s notice; therefore, only APPS would be able to perform the full breadth and depth of the work without adversely impacting Government operations, given the twenty-four (24) month POP.

9. FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open

Competition:

None

10. FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

A notice of NASA’s intent to award this sole-source action was synopsized on the GPE website (beta.sam.gov) per FAR Subpart 5.2 (See Section 6 above) on 6 April 2020. The synopsis provided instructions for interested organizations to submit capabilities and qualifications to perform the effort to the Contracting Officer. The synopsis was posted for

15 days with a response date of 21 April 2020. The Government received three (3) responses to the posting of the synopsis. Each capability statement was reviewed against the 14 requirements in the PWS: Uniformed Operations (Security Officer), Uniformed Operations

(Security Police Officer), Dispatch, Information Security and Privacy, Physical Security and

Access Control Support, Information Security, Technical Security, Locksmith Services

Personnel Security, Employee Badging Office, Visitor Registration and Pass Office

International Visitors Office, Emergency Management and Fire Services. A summary of the

Government’s review is below.

- Bering Global Solutions, LLC (BGS) capabilities were reviewed and it was determined that

BGS would be unable to support all of the requirements of this contract. BGS capability statements indicated that they could provide Security officers, staff the Visitor Registration and Pass office, and potentially could support the dispatch portion of the requirements.

Further review revealed eleven other requirements in the current PWS that BGS does not have the capability to meet. See evaluation matrix below.

Performance Work Statement

Requirement

Capability

Y or N

Uniformed Operations (Security

Officer)

Y

Uniformed Operations (Security

Police Officer)

N

Dispatch Maybe

Information Security and Privacy N

Physical Security and Access

Control Support

N

Information Security N

Technical Security N

Locksmith Services N

Personnel Security N

Employee Badging Office N

Visitor Registration and Pass

Office

Y

International Visitors Office N

Emergency Management N

Fire Services N

- GEM Technology International, Corp. (GEM) submitted capabilities which were reviewed and it was determined that the Contractor might be able to support the Physical Security and

Access Control Support, and Emergency Management requirements. However, GEM was unable to show any capabilities to meet the other twelve requirements in the current PWS and as a result GEM does not have the capability to meet the full scope of requirements in the

PWS. See evaluation matrix below.

Requirement

Capability

Y or N

Uniformed Operations (Security

Officer)

N

Uniformed Operations (Security

Police Officer)

N

Dispatch N

Information Security and Privacy N

Physical Security and Access

Control Support

Maybe

Information Security N

Technical Security N

Locksmith Services N

Personnel Security N

Employee Badging Office N

Visitor Registration and Pass

Office

N

International Visitors Office N

Emergency Management Maybe

- Solutions Through Innovations Technologies, Inc. (STI-TEC) submitted capabilities with support of a partner Tatitlek Federal Services Inc. (TFSI) to the synopsis. The capabilities submitted were reviewed and it was determined that only two current requirements, Uniformed Operations and Emergency Management, could be supported of the fourteen requirements of the current PWS. It was determined that STI-TEC and TFSI do not have the capabilities to perform the full scope of requirements of the PSO PWS. See evalutation matrix below.

Requirement

Capability

Y or N

Uniformed Operations (Security

Officer)

Y

Uniformed Operations (Security

Police Officer)

N

Dispatch N

Information Security and Privacy N

Physical Security and Access

Control Support

N

Information Security N

Technical Security N

Locksmith Services N

Personnel Security N

Employee Badging Office N

Visitor Registration and Pass

Office

N

International Visitors Office N

Emergency Management Y

It was noted that only one of the three companies (STI-TEC) demonstrated any intent to partner with other companies to provide all of the requirements of the PWS.

11. FAR 6.303-2(b)(11) – A statement of 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:

NASA does not currently see any barriers to ensuring competition on the follow-on PSO contract, which is currently on-going. NASA is considering procuring fire and protective services separately which will remove a potential barrier by ensuring additional competition.

The Agency will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requiements.

For the foregoing reasons and with the current contract structure, American Paragon

Protective Services, LLC is the only responsible source that can reasonably satisfy the requirements in the current PSO PWS for up to twenty-four (24) months to permit completion of the competitive follow-on PSO procurement.

PROTECTIVE SERVICES OFFICE SUPPORT SERVICES

CONTRACT NUMBER NNA15BA92C

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETION

SIGNATURE PAGE

I certify that the facts presented in this justification are accurate and complete.

Lynn M. Bala Date

Technical Representative

I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

Rima N. Zimmermann Date

Contracting Officer

CONCURRENCES:

Kelly G. Kaplan Date

Procurement Officer

Carol W. Carroll Date

Competition Advocate, Ames Research Center

APPROVAL:

Kelly G. Kaplan Date

Head of Contracting Activity, Ames Research Center