MVK JA Control 2020-0017 Redacted.pdf

US Army Corps of Engineers Vicksburg District

JUSTIFICATION AND APPROVAL FOR OTHER

THAN FULL AND OPEN COMPETITION

Emergency period of performance extension for Contract W912EE15C0005 for armed security guard services in support of the U.S. Army Corps of Engineers Vicksburg District (MVK) at the following locations: MVK Headquarters Building, Mississippi Valley Division Headquarters Building, MVK District Harbor, MVK Mat Sinking Unit, MVK Mat Casting Field, Lake Chicot Pumping Plant, Tensas Cocodrie Pumping Plant, Lower Mississippi River Museum, and miscellaneous special events and emergency operations at locations within the USACE-MVK area of responsibility (AOR).

Contract W912EE15C0005 J&A Control # MVK-2020-0017

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

CONTROL NO. MVK-2020-0017

PROJECT: Armed security guard services for MVK District Headquarters Building, Mississippi Valley Division Headquarters Building, MVK Harbor, MVK Mat Sinking Unit, Mat Casting Field, Lake Chicot Pumping Plant, Tensas Cocodrie Pumping Plant, Lower Mississippi River Museum, and miscellaneous special events and emergency operations at locations within the USACE-MVK area of responsibility (AOR).

AUTHORITY: Authority permitting other than full and open competition for procurement of these services is 10 U.S.C. 2304(c)(2) and FAR 6.302-2, Unusual and Compelling Urgency.

Amount

PREPARED BY

R. BRENT HESTER

CONTRACT SPECIALIST

601-631-5480

CONTRACTING OFFICER

ROBIN L. GREEN

CONTRACTING OFFICER

601-631-5341

TECHINCAL

Linda C. Bridges Chief, Security & Law Enforcement Office USACE, Vicksburg District 601-631-7281

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

DISTRICT SMALL BUSINESS

SPECIALIST

NAME: Demetric Erwin

SIGNATURE:

PROJECT MANAGER

NAME: Linda C. Bridges

DISTRICT COUNSEL

NAME: Steven H. Finch

DISTRICT CONTRACTING

CHIEF

NAME: S. Lynniese Cosey-Mayfield

SCO ATLANTA COUNSEL

NAME:

SCO ATLANTA /

ALTERNATE ADVOCATE

FOR COMPETITION

NAME: Laura J. Eichhorn

SEE APPROVAL BLOCK

Control #: MVK-2020-0017

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency:

The U.S. Army Corps of Engineers, Vicksburg District Contracting Office, 4155 Clay Street, Vicksburg, MS 39183-3435.

2. Description of Action:

This justification and approval for other than full and open competition (J&A) supports a modification to extend Contract W912EE15C0005 with Choctaw Ikhana, Inc. in order to provide continued armed security guard services for the U.S. Army Corps of Engineers Vicksburg District (USACE-MVK). The period of performance will be up to twelve months for the period of 1 April 2020 to 31 March 2021. This J&A is approved at the appropriate level in consideration of the total value of the non-competitive portion of the contract.

Contract W912EE15C0005 is Firm-Fixed-Price. This requirement is funded with revolving funds (Appropriation 096 NA X 4902 0000).

3. Description of Supplies/Services:

The Security and Law Enforcement Office of USACE-MVK has a requirement for armed security guard services. This requirement will provide a continuation of armed security guard services that are currently being provided by Contract W912EE15C0005. The locations/operations that require a continuation of armed security guard services are: MVK District Headquarters Building, Mississippi Valley Division Headquarters Building (HQMVD), MVK Harbor, MVK Mat Sinking Unit, Mat Casting Field, Lake Chicot Pumping Plant, Tensas Cocodrie Pumping Plant, Lower Mississippi River Museum, and miscellaneous special events and emergency operations at locations within the USACE-MVK area of responsibility (AOR). The contractor shall provide a trained workforce to include on-site supervision which is capable of performing all necessary security services to meet the mission requirements of the Vicksburg District Security and Law Enforcement Office. The mission is to protect Corps of Engineers personnel and the public from violence, threats of violence, and the protection of government assets from loss due to theft, vandalism, fraud, waste, or abuse.

The period of performance start date for this requirement is 1 April 2020 and the completion date will be on or before 31 March 2021. The required services are the same services performed for Contract W912EE15C0005. The total estimated cost of this requirement for a twelve month period is The total estimated value of Contract W912EE15C0005 if the contract is extended for twelve months is

4. Authority Cited:

10 U.S.C.2304(c)(2), as implemented by the Federal Acquisition Regulation (FAR) 6.302-2, Unusual and Compelling Urgency.

5. Reason for Authority Cited:

a. Background

Contract W912EE15C0005 was awarded under competitive circumstances to Choctaw Ikhana, Inc. on 3 March 2015 for a base period of one year and four one year option periods for armed security guard services at the MVK District Headquarters Building, HQMVD Building, MVK Harbor, Mat Sinking Unit, Mat Casting Field, Lake Chicot Pumping Plant, Tensas Cocodrie Pumping Plant, Lower Mississippi River Museum, and miscellaneous special events and emergency operations at locations within the USACE-MVK AOR. The base period of performance start date was 1 April 2015. Each option period has been exercised. The contract is currently in the fourth option period with a period of performance completion date of 31 March 2020.

The U.S. Department of Homeland Security notified USACE-MVD on 9 May 2018 that it was determined in the best interest of the Government for the Federal Protective Services (FPS) to assume responsibility for providing protective security services at the HQMVD Building. The U.S. Department of Homeland Security notified USACE-MVD on 27 September 2019 that it was determined in the best interest of the Government for the FPS to assume responsibility for providing protective security services at the MVK District Headquarters Building. The notification explained FPS is responsible for providing law enforcement services to all Government Service Administration (GSA) owned or leased properties. The HQMVD Building and MVK District Headquarters Building are GSA leased properties.

The USACE-MVK Security and Law Enforcement Office and FPS coordinated a start date of 1 April 2020 for FPS to begin providing armed security guard services at the HQMVD Building and the MVK District Headquarters Building. FPS notified USACE-MVK on 12 February 2020 that FPS will not be able to provide these services beginning on 1 April 2020 and the earliest date that FPS will have a contract in place to provide security support services for the HQMVD Building and MVK District Headquarters Building is 1 December 2020.

USACE-MVK began planning a follow on requirement in June 2019. The follow on requirement includes all of the services being provided by W912EE15C0005 except for the armed security guard services at the HQMVD Building and the MVK District Headquarters Building which were anticipated to be provided by FPS. The initially planned start date for the follow on requirement was 1 April 2020. Technically the start date for FPS takeover of service should have been in 2018 and 2019 by the dates of their notifications to the MVD Commanding Generals. MVK determined it is in the best interest of the Government for the aforementioned follow on contracts (MVK requirement and services to be provided by FPS) to have the same start date. This will avoid potential contractor staffing issues and will allow for transition of services to be provided simultaneously for all services. Therefore, due to FPS stating the earliest date they will have a contract in place to provide armed security guard services at the HQMVD Building and the MVK District Headquarters Building of 1 December 2020, the start date for the follow on requirement is now tentatively scheduled for 1 December 2020.

This requirement became known on 12 February 2020 when USACE-MVK was notified that FPS would not be able to begin providing security support services on 1 April 2020 at the HQMVD Building and the MVK District Headquarters Building. FPS stated the earliest date that FPS will have a contract in place to provide the aforementioned services is 1 December 2020. Therefore, an extension of Contract W912EE15C0005 is needed for at least the period of 1 April 2020 to 30 November 2020.

This J&A requests approval to extend Contract W912EE15C0005 for up to twelve months for the period of 1 April 2020 to 31 March 2021. The USACE-MVK Contracting Office is planning to extend Contract W912EE15C0005 for eight months for the period of 1 April 2020 to 30 November 2020. FPS has stated the earliest they will have a contract in place to provide security support services for the HQMVD Building and the MVK District Headquarters Building is 1 December 2020. If FPS does not have a contract by 1 December 2020 to begin providing the aforementioned services then USACE-MVK will have the option to further extend Contract W912EE15C0005 up to four additional months for a period not to exceed 31 March 2021. An extension up to four months for the period of 1 December 2020 to 31 March 2021 will only be executed if FPS is unable to begin providing the aforementioned services by 1 December 2020.

b. Justification

The Security and Law Enforcement Office of USACE-MVK has a mission to protect personnel and property in the MVK AOR including HQMVD. The extension of Contract W912EE15C0005 with Choctaw Ikhana, Inc. for the period of 1 April 2020 up to 31 March 2021 will assist the Security and Law Enforcement Office of USACE-MVK in meeting the requirements of Army Regulations (AR) 190-13, The Army Physical Security Program; AR 190-11, Physical Security of Arms, Ammunition and Explosives; AR 190-51, Security of Unclassified Army Property; AR 525-13, Antiterrorism; and Interagency Security Committee (ISC) Standards for GSA Leased Facilities with implementation of security programs, measures and standards designed to protect personnel and property in the MVK AOR. If Contract W912EE15C0005 is not extended, USACE MVK and MVD personnel and property will be left unprotected during normal duty hours and afterhours from person(s) entering USACE facilities with the intent to perform criminal or terroristic acts. Failure to extend Contract W912EE15C0005 will compromise the Security and Law Enforcement Office’s ability to complete their mission in that there will be no guard force to implement physical security measures, AT countermeasures and various security procedures at access control points and/or within facility boundaries to detect, deter and defend against our enemies. In addition, in light of recent events concerning COVID-19, USACE MVK and MVD facilities are locked down to mission essential employees only requiring heightened security in the area of access control and physical security of these facilities to lend to the protection and safety of personnel.

This requirement became known on 12 February 2020 when FPS notified USACE-MVK of their inability to meet the previously agreed to start date of 1 April 2020. This notice did not provide USACE-MVK with sufficient time to competitively procure these services. The only available option for this requirement is to obtain approval to extend Contract W912EE15C0005 for a period of up to one year, 1 April 2020 to 31 March 2021. Extending Contract W912EE15C0005 is determined as the best available option for this urgent requirement.

c. Alternatives

There are no alternatives available, extending Contract W912EE15C0005 for the period of 1 April 2020 up to 31 March 2021 is the only available solution to meet this requirement. This requirement must be contracted by 1 April 2020. If the Government fails to have this requirement under contract by 1 April 2020, USACE MVK and MVD personnel and property will be unprotected. When this requirement became known on 12 February 2020 there were forty-nine days available. Forty-nine days is an insufficient amount of time to complete market research, synopsize, solicit, host site visits, evaluate proposals, and award a contract for this requirement. USACE MVK and MVD does not have the civilian manpower to meet regulatory security requirements, or implement/perform BRAVO level force protection measures.

d. Impacts

If Contract W912EE15C0005 is not extended USACE MVK and MVD personnel and property will be left unprotected from criminal and terroristic acts. Without this contract extension there will not be a security guard force to restrict access at facility entry points, conduct vehicle searches, control and screen visitors, conduct employee CAC verifications for entry and issuance of temporary ID’s, perform facility security patrols, provide additional services to escort vendors performing work on facility after hours, monitor surveillance cameras, respond to alarms, conduct after hours vehicle patrols at the Commanding Generals Quarters, MVD Hanger, Mat Casting Field, Lower Mississippi River Museum, MVK Harbor, and HQMVD. In the absence of security, there almost certainly will be an increased in criminal activity against USACE facilities and projects such as vandalism, destruction of property, theft and possible terroristic acts; crimes against persons such as assaults, threats or robbery are likely to occur while on USACE property along with solicitation or harassment of employees in parking lots, streets or areas surrounding USACE facilities. No security to instill a sense of wellbeing most likely will begin to cause fear in the workforce potentially reducing their focus and ability to complete mission requirements. Several sites within MVK are remote and without security guards actively patrolling and performing surveillance, there will be very little to deter, detect or defend against these acts. USACE MVK and MVD does not have civilian police or a civilian guard force to replace these contract services leaving currently guarded facilities at an extremely low level of protection.

6. Efforts to Obtain Competition:

Based upon the information in paragraph 5, competition for the requirement was not feasible.

There were no efforts to increase competition for this requirement. When this requirement became known on 12 February 2020, there were forty-nine days. Forty-nine days is an insufficient amount of time to complete market research, synopsize, solicit, host site visits, evaluate proposals, and award a contract for this requirement.

USACE-MVK is planning a follow on requirement to provide armed security guard services for the MVK Harbor, Mat Sinking Unit, Mat Casting Field, Lake Chicot Pumping Plant, Tensas Cocodrie Pumping Plant, Lower Mississippi River Museum, and miscellaneous special events and emergency operations at locations within the USACE-MVK AOR. This requirement will be for a base period of one year and four one year option periods. The estimated start date for the base period is 1 December 2020. The follow on requirement is being procured as a 100% small business set-aside for section 8(a) companies. Efforts to obtain competition for the follow on requirement have included posting a sources sought to https://beta.sam.gov and hosting site visits on 3 – 5 February, 2020.

7. Actions to Increase Competition:

There have been no actions to increase competition for this requirement. There were forty-nine days to prepare when this requirement became known on 12 February 2020. Forty-nine days is an insufficient amount of time to complete market research, synopsize, solicit, host site visits, evaluate proposals, and award a contract for this requirement.

As explained in the preceding section, USACE-MVK is planning a follow on requirement to provide armed security guard services for the MVK Harbor, Mat Sinking Unit, Mat Casting Field, Lake Chicot Pumping Plant, Tensas Cocodrie Pumping Plant, Lower Mississippi River Museum, and miscellaneous special events and emergency operations at locations within the USACE-MVK AOR. Actions to increase competition for the follow on requirement have included posting a sources sought to https://beta.sam.gov and hosting site visits on 3 – 5 February, 2020.

8. Market Research:

The time that was available when this requirement became known of forty-nine days makes extending Contract W912EE15C0005 the only viable option.

Follow on Requirement:

Market Research for the follow on requirement has included review of procurement history, a sources sought being posted to beta.sam.gov, and discussions with the Security and Law Enforcement Office.

Procurement History: W912EE15C0005 was awarded on 3 March 2015 to Choctaw Ikhana Inc. The period of performance was a base year beginning on 1 April 2015 to 31 March 2016 with four option years. This contract is currently in the fourth option year and is scheduled to expire on 31 March 2020. The requirement was procured as Solicitation W912EE-14-R-0007.

The solicitation was posted to FedBizzOpps.gov as a 100% set-aside for 8(a) small businesses.

A total of five 8(a) small businesses submitted proposals.

A sources sought for the follow on requirement was posted to FedBizzOpps.gov on 8 July 2019. The purpose of the sources sought was to survey industry and determine if capable 8(a) sources are available to support and compete for this requirement. The sources sought identified USACE-MVK’s intentions of setting aside this requirement for 8(a) sources and requested interested sources submit capability statements. Five 8(a) companies responded to the sources sought. Market research determined the capability for armed security guard services exists among 8(a) companies.

9. Interested Sources:

Per FAR 5.202, “The contracting officer need not submit the notice required by FAR 5.201 when – (a) the contracting officer determines that – (2) The proposed contract action is made under the conditions described in FAR 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.” Based on the above-referenced regulation, a synopsis of the proposed contract action will not be posted to the Government point of entry, https://beta.sam.gov, as this requirement has been determined urgent and compliance with the time periods specified in FAR 5.203 would seriously injure the Government.

10. Other Facts:

It has been determined that extending Contract W912EE15C0005, as indicated in the preceding paragraphs, under the urgent and compelling authority at FAR 6.302-2, is in the best interest of the Government.

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in the justification, are complete and accurate to the best of my knowledge and belief:

Name: Linda C. Bridges

Title:

Chief, Security & Law Enforcement USACE, Vicksburg District

Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance, which are included in the justification, are complete and accurate to the best of my knowledge and belief:

Name: Linda C. Bridges

Chief, Security & Law Enforcement USACE, Vicksburg District

13. Fair and Reasonable Cost Determination: I hereby determine that the estimated cost for an extension of up to twelve months for Contract W912EE15C0005 of $2,221,156.92 is fair and reasonable. The actual cost for the extension will be determined fair and reasonable prior to modification execution.

Name: Robin L. Green

Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: Robin L. Green

Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the extension of Contract W912EE15C0005 for a period of up to twelve months for armed security guard services at the MVK District Headquarters Building, HQMVD Building, MVK Harbor, Mat Sinking Unit, Mat Casting Field, Lake Chicot Pumping Plant, Tensas Cocodrie Pumping Plant, Lower Mississippi River Museum, and miscellaneous special events and emergency operations at locations within the USACE-MVK AOR on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c)(2) and FAR 6.302-2 for an estimated amount of

Laura J. Eichhorn Alternate Advocate for Competition