Justification and Approval.pdf

December 27, 2023

405-146 (MRSD/PRO)

MEMORANDUM FOR:

THROUGH:

FROM:

SUBJECT:

REFERENCE:

George B. Brown Head of Contracting Activity Federal Law Enforcement Training Centers Procurement Division

James Hicks Contracting Office Federal Law Enforcement Training Centers Procurement Division

Matthew Schaeffer

(A) Division Chief, TOPS/CTO/FAD Firearms Division (FAD)

Patrick Carlos Chief, TOPS/CTO/FAD/RMG Firearms Division (FAD)

Amanda Pierce Contracting Officer Representative Firearms Division (FAD)

Justification and Approval (J&A) for Other than Full and Open Competition for RFP # 70LGLY24RGLB00003, 7-month Contract Action for the Firearms Support Services

FAR 6.302-1, Only One Responsible Source and no Other Supplies or Services Will Satisfy Agency Requirements

Pursuant to the requirements of the Competition in Contracting Act (CICA) 41 U.S.C 253, as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.302-1(a)(2), Only one responsible source and no other supplies or services will satisfy agency requirements.

The justification for the use of statutory authority under FAR Subpart 6.3 is justified by the facts and rationale required under FAR 6.302-1 as follows:

(1) Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal Law Enforcement Training Centers (FLETC), Procurement Division (PRO) and Firearms

Division (FAD) proposes to execute sole source contract extension with one (1) 7-month base period and two (2) one-month option periods to the incumbent contractor, Dalpar Corporation, 548 Mary Ester C/O NW, Unit 18 PMB 324, Fort Walton Beach, FL 32548-4064. This action is to continue operations for providing firearms support services under contract 70LGLY23CGLB00011, which is set to expire on December 31, 2023 This action is necessary because the Government is currently undertaking corrective action ordered by the U.S. General Accountability Office (GAO) subsequent to the dismissal of post-award Protest B-421490.2, B- 421490.3, B-421490.4, B-421490.5, and B-421490.6.

The scope of work will include the services that are currently being provided by Dalpar Corporation from the existing contract without deviation. This action is necessary to ensure the continuation of necessary services while the Government undertakes the aforementioned corrective action following the protest of the follow-on contract and to allow the government sufficient time to re-compete the requirement.

In the interim Dalpar Corporation will be issued a request for proposal (RFP) for performance of the work requirement as outlined in the existing Performance Work Statement associated with the previous contract. The Government has a need to continue these services without interruption. These services are an integral part of, and critical to, the training mission at the FLETC. Failure to provide these services would severely impact the success of the FLETC mission.

(2) Description of Supplies/Services.

The Contractor shall provide the management, supervision, and all personnel, equipment, tools, materials, transportation, supplies and services necessary to perform firearms support services at FLETC, Glynco GA. The firearms support services include a full range of management duties including, but not limited to, planning, scheduling, and report preparation, establishing and maintaining records, data entry and quality control. The Contractor shall have property control expertise to include daily support management, daily accurate inventory control, daily accurate inventory tracking, and a property program compatible with Government programs such as Excel to ensure the Government is provided with the most up-to-date information immediately when requested.

The bridge action will be for one (1) 7-month base period and two (2) one-month option periods, to allow time for the corrective action in response to the aforementioned protest.

The period of performance (PoP) shall commence January 1, 2024, ending July 31, 2024. The option periods will only be exercised if additional time is required for the follow-on award and phase-in. The funding for this bridge action has been approved for 1-month inclusive of all services under purchase request (PR) 24FAD0001B due to the limitation of FY2024 Continuous Resolution (CR) set to expire February 02, 2024. Clause 52.232-18 Availability of funds applies to the reaming period of performance.

(a) Type of action: Firm-Fixed Price

(b) Amount: Aggregate for one (1) 7-month base period, and two (2) 1-month option periods: $1,625,222.79

(c) Year of Funding: FY2024

(d) Sole Source: Dalpar Corporation 548 Mary Esther C/O NW Unit 18 PMB 324 Fort Walton Beach, FL 32548-4064

(3) 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 Federal Acquisition Regulation (FAR) Subpart 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

The period of performance shall not exceed 9-months (one7-month base period, and two (2) 1-month option periods), which is the maximum anticipated amount of time necessary to revise and complete award of the requirements to be performed under the contract.

(4) Demonstration that the Nature of the Acquisition Requires use of the Authority Cited.

The current contract, 70LGLY23CGLB00011, was awarded as a Firm-Fixed Price (FFP), for a base of one-months and three option periods of one-month as a direct result of the protest outlined herein and is set to expire on December 31, 2023. After consideration of the protest content (GAO B-421490.2, B-421490.3, B-421490.4, B-421490.5, and B-421490.6, it was determined that corrective action is required to allow the government to recompete the requirement. Subsequently, this one 7-month base period, with two 1-month option periods will be issued for the same services to allow the government to take correct action to resolve the protest without causing a break in services.

Accordingly, a request for proposal (RFP) for a seven-month base period, with two, one-month option periods is required to bridge the gap between the contract actions and to maintain continuity in services starting on January 01, 2024. The Government has a need to continue firearms support services without interruption as this is a critical support service for the FLETC mission. Failure to maintain the continuity of services at the same quality and technical skill level currently being provided will result in serious injury, financial, or other hardship, to the Government. Training activities, which are necessary to properly train the law enforcement officers utilizing, firearms support services will come to a virtual standstill should this action not be approved. This action is required to expedite procurement of critical services in support of the law enforcement officer training core curriculum. It has been determined by the Contracting Officer that it would be in the Government’s best interest and most practical to procure this action through the incumbent contractor, as Dalpar Corporation has the requisite staffing and corporate knowledge within its ranks to mitigate the concern effectively and efficiently without a break in this critical function.

(5) Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

A single source will be solicited for this action as allowed by statute (FAR 6.302-1). Only one responsible source is capable of providing these services through a continuation of existing contractual obligations. Seeking a different source for this acquisition would result in: (1) substantial duplication of cost to the Government that is not expected to be recovered through competition; and (2) unacceptable delays in fulfilling agency requirements.

(6) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer has reviewed the pricing schedule of and scope changes of the current and prior bridge contracts 70LGLY23CGLB00004, 70LGLY23CGLB00005, and 70LGLY23CGLB00011. The total for contract number 70LGLY23CGLB00004 with a base period of 2-months of $354,166.44. The total value for contract number 70LGLY23CGLB00005 with a two-month base period, with a one-month option period at a cost of $550,432.55. The total for contract number 70LGLY23CGLB00011 with 1-month base period with three (3) 1-month option periods at a cost of $722,321.24. The price would be determined fair and reasonable utilizing FAR 15.404-1 using historical data research and prices submitted for the new solicitation # 70LGLY24RGLB00003 in combination with the previous contract prices and scope changes established in 70LGLY23CGLB00005 and 70LGLY23CGLB00011.

(7) Description of the Market Research

Market research was accomplished during the sources sought and pre-solicitation phase utilizing historical data, market conditions at the time of solicitation, the internet, and responses from the sources sought and pre-solicitation notices. Further market research will not be accomplished for this immediate need but has been conducted as mandated for the follow-on action.

(8) Any Other Facts supporting the use of other than Full and Open Competition.

No other facts are available for this action.

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

As outlined herein, a request for a proposal (RFP) will be issued to the incumbent contractor, Dalpar Corporation., for one (1) 7-month base period, and two (2) 1-month option periods pending finalization of corrective action as a result of the aforementioned protest.

(10) 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.

It is not anticipated there will be any barriers to future competition. A follow-on contract based on competitive procedures will be awarded following corrective action.

(11) Technical and Requirements 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. The Government has concluded the Dalpar is the only contractor that can provide the required services during the period between the expiration of the current contract and the anticipated award of the new contract. Dalpar has an active registration in sam.gov with the primary function to provide services under the NAICS code 561210. Dalpar does not have any negative past performance rating in

CPARS.

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.

Amanda Pierce Date Contracting Officer’s Representative

Contracting Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief and recommend approval.

James Hicks Date Contracting Officer

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 approve for other than full and open competition.

George B. Brown Date Head of Contracting Activity