JOFOC Police Services Alamedia Point HCA Approved.pdf

Part 806.3 Other Than Full and Open Competition (OFOC)

Rev: 13 Effective Date: 02/01/22 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-22-AP-5576, 2023-02-17T12:24:54

1. Contracting Activity: Department of Veterans Affairs, VISN 21, San Francisco Medical Center

2237: 662-23-3-5081-0012

2. Nature and/or Description of the Action Being Processed:

This request is for a new firm-fixed price contract (a base year and four one-year options) to be awarded to the East Bay Regional Park District (EBRPD); a California State governmental agency recognized as a Special District Governmental Authority. This comprehensive service contract will provide the Department of Veterans Affairs unique police services to enhance the caretaking of the Endangered Species California Least Terns (CLT) on 624 acres of the former Alameda Naval Air Station, Alameda, California after the Base Realignment and Closure (BRAC) transfer from the Department of the Navy to the VA, which occurred in October 2014. This property includes one of the most important breeding sites for the California Least Tern, a species of bird that is federally listed as endangered. The Biological Opinion (B.O.) issued on 29 August 2012 defines how the VA shall manage the property and the colony of birds. The Biological Opinion that was issued detailing what the VA was required to do to be within the confines of the law to maintain the endangered species on the property is the controlling federal document which requires the police protection.

EBRPD has arresting authority on both the land and the water and is currently responsible for caretaking of the Endangered Species California Least Terns (CLT) as outlined in the Biological Opinion. The Alameda Point also has a large amount of shoreline; the security provided must have arresting authority on both the land and the water, this service cannot be provided by a security company. No other non-governmental entity, which has the legal authority to exercise police authority, including arrest, detain, and search and seizure authority on the property, is available or willing to assume these responsibilities.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The proposed procurement is for police services required at Alameda Point which will include routine periodic patrols and response to law enforcement incidents. These activities will include routine site visit patrols by sworn police officers, response to calls for service and criminal incidents, routine investigations of incidents and/or crimes, periodic incidental aerial patrols by air unit (does not require on-site landings), dispatch services of personnel by the 9-1-1 communication center, maintenance of law enforcement records and supervision and management of personnel performing law enforcement services. The Alameda Point also has a large amount of shoreline. The security provided must have arresting authority on both the land and the water, this service cannot be provided by a security company. The period of performance is for one (1) base year, with the option to extend for four (4) additional one (1) year options. The requirement will also include the Federal Acquisition Regulation (FAR) clause 52.217-8, Option to Extend Services. The proposed

Effective Date: 02/01/22 Page 2 of 4 contract is estimated to be approximately $1,498,008.71, inclusive of all option periods. The base year is anticipated to be from April 01, 2023 to March 31, 2024; the entire period of performance inclusive of 52.217-8, Option to Extend Services shall be April 01, 2023 to September 30, 2028.

This was previously a requirement of the Northern California VA Health Care System, awarded to East Bay Regional Parks District Police under 36C26118C0019 and expires on 3/31/2023. In October 2021, VISN 21 re-aligned two VA Oakland Facilities and the Alameda Point VA controlled property under the San Francisco VA Health Care System.

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The VA plans to issue a sole-source contract to East Bay Regional Park District since they are the only contractor capable of meeting the above listed unique and inherently governmental services, which include arresting authority on both the land and the water and the caretaking of the Endangered Species California Least Terns (CLT). The Biological Opinion that was issued detailing what the VA was required to do to be within the confines of the law to maintain the endangered species on the property is the controlling federal document which requires the police protection. One of the items specified in the B.O. is predator management. Humans become predators under the definition of the B.O. if or when they enter and deface the natural habitat of the birds, this must be controlled. The VA must be able to maintain both the developed and undeveloped property. The property is extensive and has miles of shoreline. The VA police will be able to provide security for the developed area, once the construction is complete, but does not have the manpower or the resources to manage all the property and the shoreline. The area to the north of the Alameda Point is zoned for and will become a city park, developed and maintained by the East Bay Regional Park District. As the proposed contractor, EBRPD is uniquely qualified to provide the needed police services on the federal property since it has been given concurrent police jurisdiction. No other non-governmental entity, which has the legal authority to exercise police authority, including arrest, detain, and search and seizure authority on the property, is available or willing to assume these responsibilities. The EBRPD is unique as it has the resources and the authority to provide these services on both land and water.

EBRDP Operation Division has a vehicle patrol fleet consisting of marked and unmarked automobiles, motorcycles (street and off-road), equestrians, boats, all-terrain vehicles, bicycles, and an aviation unit consisting of two (2) helicopters equipped with the most up-to-date technologies, and a canine unit. The department also has a Special Weapons and Tactics (SWAT) Team, and a Special Enforcement Unit (SEU). The department has its own Detective Unit for criminal investigations, and a 24-hour 9-1-1 Communications Center.

Effective Date: 02/01/22 Page 3 of 4

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: An intent to sole source, 36C26123Q0204, to East Bay Regional Park District was posted to Contract Opportunities (SAM.Gov) for this procurement on January 30, 2023;

received no responses.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will review and determine if the anticipated price is fair and reasonable. FAR Part 13 Open Market Award Decision Documentation Form shall detail how the Government will determine that the anticipated cost is fair and reasonable. The basis of price reasonableness will be determined based on comparison of previous awards, FAR 13.106-3(a)(2)(ii).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. Police services NAICS code 922120 police protection is for government establishments primarily engaged in criminal and civil law enforcement and the EBRPD is the only government establishment that has jurisdiction over the shoreline of Alameda Point. As this procurement is for police service, there is no commercial company that can meet this requirement. Soliciting offers from other government agencies would not be practical in this procurement, as it would then require coordination of three agencies rather than two. Reviewed all the Contractor Annual Evaluation Reports on the current contract, 36C26118C0019, with East Bay Regional Parks District and all ratings were very good or exceptional for the past five years.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

East Bay Regional Park District (EBRPD)

2950 PERALTA OAKS CT

OAKLAND, CA 94605-5320

Only the current contract holder, East Bay Regional Park District, has expressed interest. No other entity has expressed an interest in providing joint jurisdictional police support on the property.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to

Competition before Making subsequent acquisitions for the supplies or services required:

Due to the unique nature of the proposed contractor, East Bay Regional Park District under the California State Governmental Agency, the VA estimates that an initial period of one base year plus four one-year option periods will be required to meet the legal requirements of the Endangered Species Act and the subsequent B.O. issued therewith. Since there are no known commercial entities which can provide the inherent governmental requirements such as police and arrest authority, and hot pursuit concurrent jurisdiction, the VA asserts that there are no feasible actions which may be taken to facilitate competition in the future for these unique services. The VA estimates that these services will be required to take care of the federal refuge set-back property and the management and care of the endangered species on the site for at least a five-year period until the VA development is operational and the VA provides these services in-house. The Department of Veterans Affairs will continue to monitor the commercial marketplace to determine

Effective Date: 02/01/22 Page 4 of 4 if other sources are responsible and capable of providing this type of service that meet the needs of

VISN 21.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

_____________________________ __2/28/2023_______________ Jesse Garcia Jr. Date Deputy Chief of Police

San Francisco VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

_____________________________ __2/28/2023_______________ Angela Gerlitzki Date Contracting Officer

Network Contracting Office (NCO) 21

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Brooke C. Robison Date

Director of Contracting Network Contracting Office (NCO) 21

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Curtis M. Jordan Date Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA) https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx VHAMACRobisB Typewritten Text

28 FEB 2023