Justification Approval for Other Than Full and Open Competition.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

(FAR 6.302-2, and 41 U.S.C. 3304(a)(7))

J&A Control No.: 25-047

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, Federal Emergency Management Agency Security Office, is response to Hurricane Helene, DR-4827-NC.

2. Nature and/or Description of the Action being Approved. Provide Level II Armed Security Guards.

In the aftermath of Hurricane Helene, the western region of the State of North Carolina was decimated by strong winds, rain, flooding, and mud slides. Hurricane Helene caused numerous deaths and billions of dollars in property damage. This is the worst disaster ever in North Carolina history. As a result, over

(22) Individual Facilities will be opened within days of the disaster. These facilities will be Responder Lodging Facilities, Disaster Recovery Centers, MRICS, Mobile DRC’s, Joint Filed Office, several Branch Offices, and staging yards as well as other facilities. These facilities are operational as Federal Facilities and require a minimum level of security per DHS guidelines immediately upon opening. As a result, an armed guard contract is immediately required. An emergency task order was issued from the GSA 47QSWA21D004J under 70FBR425F00000004.

An initial J&A was issued under 25-008. Security issues grew at an unprecedented rate as FEMA and multiple other Government agencies rushed to provide aid to the survivors.

A 14-day firm fixed contract in the amount of $ 486,000.00 was awarded on October 3, 2024.

The funds were obligated out of Code D1 Disaster Operational funding for DR 4827 NC for FY 2025 funding. This was increased to $800,000.00 under the increased threshold authority issued by the Department of Homeland Security.

Security issues became a significant factor when armed citizens were taken into custody by members of the North Carolina National Guard for stating they were “Hunting FEMA workers”. This gained national attention and I was directed in person that security was priority one after the Director of DHS and FEMA toured that western part of the state.

A Long-Term Solicitation was issued to provide security for all FEMA Facilities within the state and other supporting agencies. FEMA had to set-up four responder camps for both state and federal workers responding to the disaster, which dramatically increased the need for security guards. There were multiple false statements & rumors published on social media stating FEMA was not reacting to support the survivors. The rumors caused an even

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition greater negative attitude against FEMA. Several days later a FEMA facility came under direct fire from another individual.

(a) Name and address of the contractor: Strategic Security Corp.

19 Bellemeade Ave, Smithtown NY 11787-1801

(b) Contract type: Firm Fixed Price

(c) Estimated Total Value NTE 7.5 M. Provide breakdown as shown below:

Period Unit Price

Base 2 mo. $4,955,000.00 Option 1 1 mo. $2,500,000.00

$7,455,000.00

(d) Type of Funding: Disaster Relief Funds (DRF).

(e) Year of Funding: Fiscal Year 2025.

(f) Solicitation Number N/A

(g) Background information about the requirement.

3. Description of Supplies/Services. This Requirement is to obtain Level II – Armed Security Guards to secure multiple FEMA facilities within the state of North Carolina, to include the JFO, DRCs, Staging yards, and Responder Camps.

4. This requirement is Urgent and Compelling. The security situation and treat levels are unprecedented in FEMA’s history. The Period of performance will not exceed the standard 150-day limit and is valid under 3006.302-270 (A) since the President has signed a major disaster declaration.

Identification of Statutory Authority Permitting Other Than Full and Open Competition. FAR 6.302-2 (a)Unusual and Compelling Urgency. The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This is in response to a natural disaster, Hurricane Helene. The 150-day limitation at HSAR 3006-302-270 is exceeded under 3006- 302-270 (A) Presidential Major Disaster Declaration.

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

5. Identification of Exception to the Buy American Statute: N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The Contractor, even though they are a small business, have rapidly provided over 120 fully qualified security guards in support of this Level 1 major disaster.

(a) Rationale for using the authority cited in section 4 of the J&A; FAR 6-302-2(a) and 41 U.

S. C. 3304(a)(1) are the most appropriate for this Major Natural Disaster and the Compelling need of the survivors. The Urgency is amplified by the approaching winter weather and the increased threat environment due to false claims and rumors.

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

Sources as is Practicable.

(a) FEMA has already been made in SAM.gov, under 70FBR425R00000004 as a small business set-aside and received numerous proposals. It was determined that the initial solicitation was inadequate to support the requirement. The solicitation was cancelled, and a new solicitation is in development.

(b) FEMA plans to have a new solicitation vetted and posted by 30 November 2024.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. This will be a negotiated contract issued under FAR Part 12 and 15. It will again be a Small Business set-aside.

9. Description of Market Research. Market research is required by FAR Part 10, and the results of the market research are available.

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

Not Applicable

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

• The original solicitation received 14 proposals from small businesses. The program is confident that the award will go to a small business.

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

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.

(a) The Government is revising the cancelled solicitation from a Firm Fixed Price requirement to a Labor Hour contract, which is more appropriate to this action.

(b) The Statement of Work (SOW) will be revised or amended to include specific documents the offerors must submitted to properly evaluate the proposals.

(c) This current Task Order will be replaced at the earliest opportunity with the selected awardee from the new competitive solicitation.

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

13. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Digitally signed by RALPH LA ROSA Date: 2024.11.22 10:50:33 -05'00' 22 November 2024

Ralph La Rosa Date Contracting Officer

14. 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.

DONALD R

GOSSAGE

Digitally signed by DONALD R

GOSSAGE

Date: 2024.11.22 14:14:45 22 November 2024

Keecha Elliot Procuring Activity Advocate for Competition Date

RALPH LA ROSA

-05'00'

Donald Gossage Technical Representative

APPROVAL:

Date

November 22, 2024

KEECHA P

ELLIOTT

Digitally signed by

KEECHA P ELLIOTT

Date: 2024.11.22 16:01:41 -05'00'