LSJ_Redacted.pdf

FAR Part 8 LSJ for Prisoner Transportation & Guard Services Bridge Orders

United States Department of Justice, United States Marshals Service

Prisoner Operations Division (POD)

FAR PART 8.4

Limited Source Justification (FSS BPAs & Orders Over $250,000)

This acquisition is conducted under the authority of the Multiple-Award Schedule Program 41 U.S.C. 152(3) and 40 U.S.C. 501

MIQ Request Number TBD

Contract Specialist’s Name

Contracting Officer’s Representative

Nature or Description of Action

The United States Marshals Service (USMS) requires contractual vehicles for prisoner transportation services to replace services currently being performed in 17 USMS regions under the Contract Detention Officer Services and Prisoner Transportation Services Blanket Purchase Agreement Multiple Award Blanket Purchase Agreements (BPAs) managed by General Services Administration’s (GSA) Assisted Acquisition Services (AAS). The BPAs were awarded under the GSA’s Multiple Award Schedule 84 – Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Clothing, Marine Craft and Emergency/Disaster Response.

The BPA holders with active orders are as follows awarded to:

Starside Security & Investigation, Inc., 1370 Vally Vista Dr, Ste 200, Diamond Bar, CA, 91765-3921, BPA Number 47QFWA19A0001;

Prudential Protective Services, LLC, 2059 N Monroe St Ste 2A, Monroe, MN 48162-5322, BPA Number

47QFWA19A0002;

Paragon Systems, Inc., 13900 Lincoln Park Dr Ste 300, Herndon, VA 20171-3244, BPA Number

47QFWA19A0003;

United Security, Inc., 40 Shrewsbury Ave., Red Bank, NJ 077011-1030, BPA Number 47QFWA19A0005; and Inter-Con Security Systems, Inc., 210 S Delacey Ave., Pasadena, CA 91105-2048, BPA Number

47QFWA19A0006.

All companies are small business concerns. The BPA orders will expire on February 28, 2025.

These requirements will be issued as a sole-source, GSA Time and Materials task orders to the aforementioned companies to continue services in the geographic areas the companies are now serving. If the full four (4) months are utilized, the period of performance will be from March 1, 2025, through June 30, 2025.

Description of Supply or Service

The USMS has a continuing need for transportation and prisoner security support services to transport prisoners outside of secured facilities. The contractors will provide transportation support services for the USMS prison population. The contractors will be responsible for the movement and transportation of prisoners designated to the institution as requested in writing by the USMS.

Examples of circumstances requiring prisoner movement and transportation include but are not limited to outside medical care; transfer or movement to/from other Government facilities; and airlift sites. Transportation procedures shall ensure staff and prisoner security, safety, and utilize restraint equipment identical to the USMS when one-for-one equipment exchange is required (e.g., airlifts).

Estimated Total Value The government total estimated dollar value for the support services is $7,339,986 for the full period of performance for all call orders.

Vendor’s / Brand Name

The proposed sole-source vendors are:

Starside Security & Investigation, Inc.;

Prudential Protective Services, LLC;

Paragon Systems, Inc.;

United Security, Inc; and Inter-Con Security Systems, Inc.

Indicate Authority for Limiting Sources

FAR 8.405-6(a)(1)(A) Urgent and compelling need exists and following the ordering procedures would result in unacceptable delays ” (Provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the schedule impact if time were to be taken to follow FSS ordering procedures. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable)

FAR 8.405-6(a)(1)(B) Only one source is capable of providing the supplies or services required at the level of quality required. (Provide a detailed justification with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements are not acceptable)

FAR 8.405-6(a)(1)(C) This new order is a logical follow-on to a previously competed order provided that the original order was placed in accordance with the applicable

Federal Supply Schedule ordering procedures. (i.e., previous order was not awarded as a sole- or limited-sources order). (Provide details on the previously competed order and explain how this order is a logical follow-on to that order. Explain fully the connection between the previous work/order and the current one. The user/customer typically provides this supporting information. General statements are not acceptable)

FAR 8.405-6(b)(1) The item is peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer” (Brand name specifications should not be used unless the particular brand name, product or feature is essential to the Government’s requirements. Therefore, explain why the particular brand item is essential to the Government’s requirements, and why other companies’ similar items, or products lacking the particular feature, do not meet, or cannot meet, or cannot be modified to meet, the agency’s need. The user/customer typically provides this supporting information. General statements are not acceptable)

Requirements of the Procurement that makes it necessary to limit sources.

The current GSA assisted acquisition services for the Prisoner Transportation and Guard Services Blanket Purchase Agreement multiple award BPA orders will expire on February 28, 2025.

The USMS, POD (POD) is working on a competitive acquisition to replace these established BPA services. A Request for Quotation was posted on March 15, 2024, and closed on April 18, 2024. To clarify information in the solicitation, the government later reissued the solicitation on November 26, 2024, with a closing date of January 21, 2025.

The POD planned to award the forementioned BPAs and issue call orders against these instruments on or before February 28, 2025. However, due to the January 20, 2025, rescission of Executive Order on Reforming Our Incarceration to Eliminate the Use of Privately Operated Criminal Detention Facilities, the POD now needs to reassess its requirements. The previous Execute Order prohibited the USMS from exercising options on privately operated criminal detention facilities.], however with recission those orders with active options are now authorized for use.

Since the Executive Order has been rescinded, the USMS is in the process of evaluating how this change will affect ongoing mission requirements. Secondly, the USMS is working with other federal, state and local law enforcement agencies in response to the current administration’s initiatives. This too can impact the USMS mission requirements.

The urgency of this requirement is directly linked to the rescission of Executive Order 14006, which previously restricted the USMS from exercising options on privately operated detention and transportation contracts. With the order rescinded, USMS must reassess its acquisition strategy in alignment with evolving policy requirements. As a result, the planned competitive procurement process has been delayed while USMS ensures compliance with new directives and assesses the operational impacts of the policy reversal. .

A competitive acquisition is currently underway, but due to necessary revisions in response to policy changes, the timeline has been extended. The original RFQ was issued on March 15, 2024, but required reissuance on November 26, 2024, following the rescission of EO 14006. Given the complexity of the requirements, vendor evaluations, and security compliance reviews, the projected BPA award is March 2025.

Issuing short-term sole-source task orders ensures operational continuity during this transition period and prevents the risk of service disruptions that could impact POD operations.

Sole-source call order awards to the current contractors that presently have resources in the geographic areas is the best solution to USMS’ dilemma given that: 1) the awards will only cover a period of performance of four (4) months, 2) the government is actively competing the services and will award BPA March 2025, 3) The government will request only the minimum services necessary while completing a competitive acquisition, 4) this solution offers minimum service disruptions to the districts, and 5) there are no additional costs to the government.

The incumbent vendors possess unique qualifications including the ability to provide the transportation services and vehicles within the geographic areas they serve. The incumbent vendors have provided many years of successful performance under the multiple award BPAs. The proposed vendors’ qualifications and successful performance will ensure continuous services while the acquisition is concluding; thus, minimizing any potential service interpretations.

The proposed vendors possess unique qualifications including the ability to provide the transportation services and vehicles within the geographic areas they serve. The proposed vendors have provided many years of successful performance under the multiple award BPAs. The proposed vendors’ qualifications and successful performance will ensure continuous services while the acquisition is concluding; thus, minimizing any potential service interpretations.

The Results of Market Research

Market research was not conducted for the proposed actions.

However, extensive market research was performed in support of the Prisoner Transportation and Guard Services Blanket Purchase Agreement recompete acquisition currently in the evaluation phase of the acquisition process. The proposed actions have similar requirements as the current completive re-compete acquisition.

Market research efforts revealed that while some small businesses demonstrated partial capabilities, none could provide comprehensive nationwide services required by the USMS. The two most promising vendors, Starside Security & Prudential Protective, were already BPA holders and thus included in the current limited-source strategy. Other small businesses lacked the infrastructure or GSA schedule necessary for immediate implementation. Given the urgency, the USMS determined that transitioning to new vendors within the short four-month period would pose unacceptable operational risks.

While some market research may be more than 18 months old, prisoner transportation market conditions have changed only slightly in recent years." Ramp-on procedures were considered to bring in new vendors during the BPA period of performance, no additional small businesses demonstrated the immediate ability to meet full prisoner transport requirements across all service regions. Given the time constraints, ramp-on strategies were deemed not feasible as an alternative to limited-source awards.

As a result of market research, the government concluded that there may be other vendors in certain geographic areas that may be successful in fulfilling the government’s requirements;

however, it is not logistically feasible considering all other factors.

Actions to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services

Awarding this short-term sole-source task order ensures continuity of critical prisoner transportation services while the USMS finalizes a competitive acquisition process. This approach minimizes operational disruptions, maintains security compliance, and provides an interim solution until the broader procurement strategy is fully implemented.

Looking ahead, the USMS will incorporate key lessons learned from this limited-source period to enhance future competitive acquisitions, including:

1. Expanded Market Research – The USMS will conduct more proactive industry engagement to identify additional vendors capable of fulfilling nationwide transportation and security requirements.

2. Improved Scalability & Performance Criteria – Future solicitations will incorporate vendor readiness assessments to ensure firms can quickly scale operations and maintain geographic coverage.

3. Stronger Risk Mitigation Strategies – To reduce reliance on short-term sole-source contracts, the USMS will integrate enhanced contingency planning, structured vendor onboarding, and stricter performance benchmarks in future procurement cycles.

4. Streamlined Acquisition Processes – The USMS will refine procurement timelines to prevent gaps in contract coverage, ensuring that competitive acquisitions are finalized before existing contracts expire.

By leveraging these insights, the USMS aims to establish a more competitive, efficient, and resilient procurement framework, reducing the need for future limited-source awards and ensuring a robust, long-term solution for prisoner transportation and security services.

CO’s Best Value Determination

GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the Contracting Officer has determined that the order represents the best value consistent with 8.404(d). Placing the order is anticipated to result in the lowest overall cost alternative (considering price, special features, administrative costs, etc.)

to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, the Contracting Officer will seek additional discounts before placing the order.

Any other facts supporting the justification

Failure to award these short-term sole-source orders would directly impact federal court schedules, risking violations of detainees' rights to timely judicial proceedings. Additionally, it could compromise security, as law enforcement agencies would be forced to coordinate ad-hoc transportation solutions without the necessary trained personnel and resources. The incumbent vendors are the only providers with existing security-cleared staff, transport vehicles, and operational infrastructure to ensure continued compliance with USMS prisoner transport protocols.

The USMS will not be able to fully execute its mission without prisoner transportation and guard services. The services are now being provided by the before mentioned contractors and the GSA orders will end February 28, 2025. The inability to access transportation services will have a significant impact on the USMS’ capabilities to provide safe, secure, and humane custody, housing, medical care, and transportation for federal prisoners throughout the United States and its territories. In addition, the absence of the services will impact the integrity of the federal judicial process in the districts where the USMS will lose transportation services.