Justification and Approval for Other Than Full and Open Competition Redacted Document.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Office of the Chief Procurement Officer Version 3.5

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 3204(a)(7) or 41 U.S.C. 3304(a)(7))

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, Office of Procurement Operations, proposes to enter a purchase order on a basis other than full and open competition.

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

FEMA Region VI intends to procure janitorial services on a sole source basis from Native Energy & Technology, Inc., located at 12793 Cogburn Avenue, San Antonio, Texas 78249.

This firm-fixed-price emergency purchase order covers janitorial services at the FEMA Denton Campus, including the Federal Regional Center and Vehicle Storage Administration Buildings 1 and 2, located at 800 North Loop 288, Denton, Texas 76209. The purchase order has an estimated total value of $10,500 for an 8-day period of performance. The purchase order will be funded using Operations and Support funds for Fiscal Year 2025 under Solicitation Number FEMA-ER-2025-009192025.

The janitorial services were previously awarded under an open market purchase order to support Region VI. The base period of performance ranged from June 30, 2025, until July 29, 2025, and the period of performance for option one ranged from July 30, 2025, to September 20, 2025. The Federal Regional Center houses 143 employees, while 107 employees are stationed at the Vehicle Storage Administration Building. Sanitation support is critical for maintaining compliance with CDC return-to-office guidelines and ensuring hygiene standards, personnel safety, and regulatory compliance. Termination of custodial services would jeopardize these standards, subsequently causing the facilities unsanitary, unsafe, and uninhabitable, thereby preventing employees from carrying out their mission effectively. The absence of janitorial services would negatively impact both steady state operations and disaster response efforts originating from the Denton campus, negatively impacting survivors who rely on support from these facilities.

3. Description of Supplies/Services.

The contractor shall provide all management, labor, personnel, materials, tools, and equipment to provide janitorial services to the FEMA Denton Campus buildings. Services include daily cleaning, waste removal, emergency cleaning, and adherence to enhanced cleaning protocols as outlined in the Statement of Work.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

The purpose of this acquisition is to ensure sanitation and cleanliness at FEMA facilities critical to both steady state and disaster response operations.

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)(2), implemented by FAR Subpart 6.302-2, Unusual and Compelling Urgency.

This authority is cited because the requirement facilitates the response to an urgent operational need to maintain sanitation at FEMA facilities supporting disaster relief operations.

5. Identification of Exception to the Buy American Statute

The exception to the Buy American statute permitting the purchase of articles that are not domestic end products is FAR 25.103(b)(2) Nonavailability.

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The authority under FAR 6.302-2 is cited due to the unusual and compelling urgency of the requirement for janitorial services at the FEMA Denton Campus. The expiration of the previous GSA task order on June 29, 2025, created an urgent gap in services, and immediate action is required to maintain sanitation and operational continuity. The Denton Campus is critical to disaster response operations, and unsanitary conditions pose immediate health and safety risks to personnel. Compliance with CDC return-to-office guidelines further underscores the need for enhanced cleaning protocols. Issuing a competitive solicitation or splitting the work among multiple vendors was considered but deemed impractical due to time constraints and coordination challenges. Native Energy & Technology, Inc. is uniquely qualified to meet this urgent requirement due to its ability to mobilize within 24 hours, familiarity with FEMA Region VI facilities, proven capability to meet enhanced cleaning standards, and operational readiness with a full staff prepared for emergency response services.

Failure to approve this J&A will result in immediate harm to FEMA’s mission. Unsanitary and unsafe conditions will force the evacuation of employees from the Federal Regional Center and Vehicle Storage Administration Buildings, halting critical disaster response operations. This disruption would jeopardize personnel safety, violate regulatory requirements, and negatively impact disaster survivors who rely on support from Region VI.

Certain cleaning supplies required under the Statement of Work are not available as domestic end products, and the nonavailability exception under FAR 25.103(b)(2) applies, allowing the contractor to source supplies internationally to meet operational requirements. FEMA will initiate a competitive procurement process for janitorial services as soon as practicable, U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition limiting the sole source contract to the minimum period necessary to complete the competitive acquisition. This action is essential to maintain operational continuity, ensure employee safety, and support FEMA’s disaster response mission.

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

A sources sought notice was not issued due to the urgent nature of the requirement. The immediate need for janitorial services precludes the ability to conduct a competitive procurement.

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

The contracting officer determines that the anticipated price of $10,500 is fair and reasonable based on prior acquisition history for similar services, the contractor’s pricing proposal, and its comparison to the Independent Government Cost Estimate of $10,500.

9. Description of Market Research.

Market research was conducted to identify contractors capable of providing janitorial services within the required timeframe. Native Energy & Technology, Inc., the incumbent contractor, was the only vendor identified with the capability to mobilize within 24 hours and meet the enhanced cleaning standards required under the SOW. Their prior experience and familiarity with FEMA Region VI facilities further ensure seamless integration of services and continuity of operations.

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

The FEMA Denton Campus is critical to disaster response operations, and unsanitary conditions pose immediate health and safety risks to personnel. Failure to acquire janitorial services in a timely manner would severely impact FEMA’s ability to operate effectively during disaster relief efforts.

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

No other sources expressed interest in writing due to the urgent nature of the requirement.

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.

FEMA will conduct a competitive procurement for janitorial services to ensure maximum competition for future requirements.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

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