Justification and Approval_NPS Bridge_Redacted.pdf

Justification and Approval (J&A) For Other than Full and Open Competition

1. Contracting Activity

A. District/Division Name: B. Requesting Office:

C. Contracting Officer: D. Phone Number:

E. Requisition/MIQ Number

F. Name of the Proposed Vendor:

G. Name of POC:

H. Vendor's address:

I. POC Phone Number:

J. POC E-mail:

2. Nature and description of action.

A. Describe the action being reviewed and approved and state whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (e.g., firm-fixed-price, time and materials, labor hour, etc.)

JSD JSD, OSS

M-20-A32-R-001050 / M-20-A32-R-001061

Johnson Controls Security Systems (JCSS)

3601 Eisenhower Avenue, Suite 300, Alexandria, VA 22304

This purpose of this contract is to obtain maintenance and repair services of security systems in support of the National Physical Security Program (NPSP). Current services are provided under DJM-14-A32-V-0014,with Johnson Controls Security Solutions (JCSS), the intent is to issue a new contract. The use of an Indefinite-Delivery/ Indefinite-Quantity (ID/IQ) Firm-Fixed-Price (FFP) and Time and Materials (TM) hybrid contract type is necessary. The extent or duration of the specific services that will be required during the Period of Performance for this contract will be a three month base from April 1, 2020 to June 30, 2020

B. An individual J&A cannot be used to support more than one (1) contract, regardless of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise or the J&A supporting the basic contract must be a Class J&A. For Class J&A situations where the number of contracts in the class can be identified: (1) Provide brief general description of actions, (2) identify the document as a Class J&A, (3) identify the supplies and services that are being acquired, and (4) for each contract in the class identify the contractor; estimated value; type of contract and rationale for contract length; and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

3. Description of the supplies/services required to meet the agency's needs.

Specifically describe the supplies and/or services to be acquired including the estimated value (including options) and quantity of each item, and the estimated delivery dates/periods of performance. If there is a national authority, the document must be cited and either a web link included or a copy of the requiring document attached. Include the requirement delivery date or period of performance.

N/A. This is a FFP T&M hybrid IDIQ with no unpriced options.

This contract will include maintenance service calls and repairs services of physical security equipment at approximately 900 judicial and USMS facilities within 50 states and United States Territories. Project estimated total cost is $3,845,118.75.The extent or duration of the specific services that will be required during the Period of Performance for this contract will be a three month base from April 1, 2020 to June 30, 2020.

4.

The specific paragraph must be cited. Most likely, only the -1 or -2 authorities will be cited.

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

FAR 6.302-2: An unusual and compelling urgency exists.

FAR 6.302-3: Industrial mobilization, engineering, developmental, or research capability, or expert services.

FAR 6.302-4: International agreement.

FAR 6.302-5: Authorized or required by statute.

FAR 6.302-6: National security.

FAR 6.302-7: Public interest.

5. A demonstration that the proposed vendor's unique qualifications or the nature of the acquisition requires the authority cited.

A. Indicate why only one source can provide the needed service/supply (check all that apply).

The services can only be provided from the original source since this procurement is a follow- on requirement.

The award to any other source would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition.

The services/supplies are needed immediately in order to satisfy mission requirements.

Other

B. Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here.

Keep in mind that this document is posted and that your judgment may be formally questioned and protested if your justification is insufficient or not valid.

✔ GAO Award Stay, exhausted current contract FAR 52.217-8 Option to Extend Services

As stated in FAR 37.111 Extension of Services "Award of contracts for recurring and continuing service requirements are often delayed due to circumstances beyond the control of contracting offices. Examples of circumstances causing such delays are bid protests and alleged mistakes in bid. In order to avoid negotiation of short extensions to existing contracts, the contracting officer may include an option clause (see 17.208(f)) in solicitations and contracts which will enable the Government to require continued performance of any services within the limits and at the rates specified in the contract. However, these rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance thereunder shall not exceed 6 months."

6. Description of the efforts to find competition

A. Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. The following issues should be addressed in this paragraph.

B. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

This requirement will be competed without providing for full and open competition pursuant to FAR 6.302-2 - Unusual and Compelling Urgency. Offerors are required to submit a sub-contracting plan as part of their proposal. The plan will be evaluated to ensure it meets or exceeds the requirements of the DOJ’s small business goals.

As detailed in the narration for 5B, the current requirements have been solicited using unrestricted full and open competition. At present the award decision from said full and open competition is under a stay pending the outcome of the GAO protest decision. The contracting office intends to initiate performance under this competed requirement as soon as practicable. The government does not intend to continually compete and award the current requirements in a sole source environment.

7. A determination by the Contracting Officer that the anticipated costs will be fair and reasonable.

Include a statement by the Contracting Officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

8. A description of the market research conducted and results.

Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fill the government needs with only minor modification.

Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

While the current contractor is contemplated for sole sourced proposals for the bridge contracts, they are expected to propose competitive rates for the desired categories. The contracting office anticipates the cost will be considered fair and reasonable because the contracting officer intends to evaluate prices based on FAR 15.402 Pricing policy and FAR 15.405 Price negotiation. The contracting officer will engage in negotiations if the initially proposed prices fail to meet the standards of fair and reasonable price. The contracting officer will use data sufficiently current to permit negotiation of a fair and reasonable price by comparing the prices with current or recent prices for the same or similar items, adjusted to reflect changes in market conditions, economic conditions, quantities, or terms and conditions under contracts that resulted from adequate price competition.

Pursuant to FAR 10.002(b)(1), market research for NPSP Services was conducted within the previous 18 months of this bridge requirement. The information obtained from the following market research is still current, accurate, and relevant. Further, given the other than full and open competitive nature of this requirement, the market research available is effective in meeting the policy at FAR 10.001(a)(3). Request for Information (RFI) was released on December 21, 2018 on Federal Business Opportunities (FBO) resulting in 17 responses. Of the 17 responses, nine

(9) vendors were categorized as a Small Business in the corresponding 561621 NAICS. There are no alternatives or substitutes to the currently provided maintenance contract that could be implemented by April 1, 2020 excepting a continuation of services under a bridge contract.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition.

Provide any other facts supporting the use of other than full and open competition.

10. A list of sources that expressed, in writing an interest in the acquisition.

Historically, the contracting office has procured NPSP services utilizing FAR Part 15. The contracting office competed the current requirements using FAR Part 15 and is only supporting the use of other than full and open competition for a limited period of performance in order to avoid a gap in service for the award currently under protest. The contracting office has provided for continuity of NPSP maintenance and repair services through the three month base within the emergency bridge contract requirements.

N/A

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 required services.

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be undertaken to remove the barriers to competition that have been identified in the justification and include a milestone schedule for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and give planned award date.

If there aren't any actions are planned, state such and provide justification. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

As detailed in the narration for 5B, the current requirements have been solicited using unrestricted full and open competition. At present the award decision from said full and open competition is under a stay pending the outcome of the GAO protest decision. The contracting office intends to initiate performance under this competed requirement as soon as practicable. The government does not intend to continually compete and award the current requirements in a sole source environment.

12. Requirement for Certification

I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Justice, US Marshals Service 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. (This signature is the requestor's supervisor, fund control point official, chief of service, someone with responsibility and accountability).

Signature: Date:

Name and Title: Program Office:

13. Contracting Officer Representative Certification (if applicable)

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

Signature:

Name and Title: Date

14. Signature and approval required for requirements regardless of dollar value.

Contracting Officer's Signature:

Name and Title: Date:

15. Signature and approval required regardless dollar value.

Supervisory Contract Specialist:

Name and Title: Date:

03/02/2020

Office of Security Systems

03/02/202

03/03/20

03/03/202

Chief Office of Security Systems

, Contracting Officer

, Chief

16. Signature and approval required for requirements between $700,000 and $13.5 million.

Competition Advocate Signature:

Name and Title: Date:

17. Signature and approval required for requirements above $13.5 million.

Head of Contracting Activity:

Name and Title: Date

03/09/202

, Executive Officer for the ADA

5. Continued

The NPSP Maintenance and Installation contract was competed with unrestricted full and open competition, the base period was Fiscal Year 2020. An unsuccessful offeror filed a GAO protest against the award on February 18, 2020. Under the GAO protest process, the decision will be rendered no later than May 28, 2020. The current contract period of performance was in its fourth and final option year in Fiscal Year 2019. The contracts were extended under FAR 52.217-8 Option to Extend Services for the maximum allowable 6 months, March 31, 2019 to September 30, 2019. The Task Orders issued under this IDIQ for the Nationwide Maintenance, MOC, and MAS ensured continuity of services throughout March 31, 2020. The timing is insufficient and will not provide the continuity of services after the end of the Period of Performance until the anticipated date of GAO's decision. It also does not provide an adequate transition period for a contractor to conduct phase activities on the NPSP maintenance requirement.

The OSC has concluded that FAR 6.3 Other than Full and Open Competition will be required to solicit a temporary sole source contract agreement with the current contractor. The acquisition planning and procurement processes conducted by the contracting office from January 2019 through the present show the agency did not operate under circumstances prohibiting other than full and open competition defined in FAR 6.301(c)(1), “[as] a lack of advance planning by the requiring activity.” Rather the OSC defines this circumstance as 6.302-2 Unusual and Compelling Urgency, to ensure continuity of services and avoid ratification or unauthorized commitments.

The contracting office determined the base period of performance for the emergency bridge is April 1, 2020 through June 30, 2020. In order to align with the anticipated 90 day transition period required for the competitive solicitation's awardee to phase in to contract performance. Therefore, the emergency bridge base period of performance is April 1, 2020 through June 30, 2020. The contracting office is thereby demonstrating good faith to the commitment to fair and open competition by limiting the period of sole sourced services to the briefest period practicable.