JA_Reg Guards 10-31-24_Tobias signed.pdf

IN REPLY REFER TO

J&A No. N40080-24-J&A-015

JUSTIFICATION AND APPROVAL (J & A)

FOR FIRST BRIDGE MODIFICATION SOLE SOURCE AWARD FOR CONTRACT

N40080-20-D-0005, REGIONAL SECURITY OPERATION SERVICES,

NAVAL DISTRICT WASHINGTION (NDW)

1) Contract Activity.

Naval Facilities Engineering Systems Command (NAVFAC) Washington

2) Description of the Action Being Approved.

This is the first bridge request for this contract. This justification and approval (J&A) requests authorization to use other than full and open competition to extend the period of performance of contract N40080-20-D-0005 via a bridge contract modification for a 6-month base period with two (2) additional 3-month option periods to Bering Global Solutions, LLC, (BGS) located at 3301 C Street, Suite 400 Anchorage, AK 99503

3) Description of Supplies/Services.

This is a contract for security services for the Naval District Washington (NDW). The estimated period of performance for the requested bridge is 01 February 2025 through 31 January 2026. The estimated value of the requested bridge for the contract to include the options as exercised is $10,553,008.66 and calculated as follows.

Bridge Contract

Description

Period of Performance

Recurring Work

Non-Recurring Work

Total

6 Month Base Period

01 February 2025 through

31 July 2025

$4,943,697.69 $205,660.00 $5,149,357.69

3 Month Option 1

01 August 2025 through

31 October 2025

$2,563,398.84 $106,640.00 $2,670,038.84

3 Month Option 2

01 November 2025 through

31 January 2026

$2,624,432.13 $109,180.00 $2,733,612.13

Total $10,553,008.66

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND WASHINGTON

1314 HARWOOD STREET SE

WASHINGTON NAVY YARD DC 20374-5018

Subj: JUSTIFICATION AND APPROVAL FOR CONTRACT N40080-20-D-0005, REGIONAL SECURITY OPERATION SERVICES, NAVAL DISTRICT

WASHINGTON

FY25 O&MN funds from various customers will fund this action.

4) Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C.

3204(a)(2), as implemented by Federal Acquisition Regulation (FAR) 6.302-2, Unusual and compelling urgency.

5) Rationale Justifying Use of Cited Statutory Authority.

The regional Security Operation Services contract provides critical security services to facilities and installations in the National Capital Region. No other contract vehicle exists that could be used to meet the Regional Security Operation requirements. The impact of not providing security services to these installations may compromise the physical security of DoD assets at NAVSEA, Strategic Service Programs, Bethesda, Carderock, Arlington Service Center, and Chesapeake Bay Detachment and potentially result in mission failure.

Even a short gap in services could negatively impact life, health, safety, and mission. The work is scheduled to commence in February 2025.

The services under this requirement is being provided by BGS, a small business concern.

BGS has been supporting the Security Operations Services contract since 2020. BGS has extensive knowledge of the required services. Its familiarity with security operations and procedures allows BGS to seamlessly continue performance. In addition, BGS does not require a transition phase because they are already performing the work and providing the services. Executing this contract action will avoid the risk associated with not having ample time to transition and start full performance. BGS possesses the manpower and skill levels to provide the required services without a learning curve or additional phase-in/mobilization requirements. Failure to award a bridge modification to BGS could severely compromise services and negatively impact life, health, and safety.

The need for the bridge arose on 12 February 2024 when during the legal review of the procurement action, NAVFAC Washington Assistant Counsel opined that the requiring activity did not have the legal authority to contract for armed security guards referenced in 10 USC § 2465 and DFARS 237.102-70. The opinion was based on the lack of documentation dating back to September 24, 1983, indicating that the contract guard functions were in place at that time. A request was sent to Commander Navy Installations Command (CNIC) to provide documentation that would provide proof the services were grandfathered back to 1983.

On 16 July 2024, CNIC Counsel provided a memorandum to NAVFAC Washington Counsel which includes documentation from the National Archives proving that the current contract existed prior to September 1983. It further stated that because this is a contract or renewal of a contract for security guard services within Washington, D.C. the requirement does not violate 10 USC § 2465 as the (b)(3) exception is met.

WASHINGTON

During this time, CNIC requested changes to the statement of work. The updated statement of work is currently being reviewed by CNIC and NAVSEA and is estimated to be completed by October 2024.

In accordance with NPGI 17.204(e)(i), a determination to exceed five years was approved by the NAVFAC Washington Chief of Contracting Office (CCO) on 03 September 2024. The solicitation will be for a maximum contract term of up to eight years (up to eight years and six months with the FAR clause 52.217-9, “Option to Extend the Term of the Contract”).

6) Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

This proposed action is being requested under FAR Part 6.302-2 Unusual and compelling urgency. There is insufficient time to synopsize this action, solicit offers, conduct source selection, negotiate, and award an interim, short-term contract to perform these services. The anticipated costs to competitively award a short-term bridge contract are believed to exceed any savings that would be generated through competition. The proposed J&A will be synopsized on the Government Wide Point of Entry (GPE) as a sole source contract modification to BGS, upon approval of this J&A.

7) Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8) Actions to Remove Barriers to Future Competition.

The follow-on contract will be solicited as a competitive small business set-aside under the 8(a) Business Development Program. It is anticipated that with the greater scope of requirements, more small businesses will bid on the follow-on contract. This would significantly increase competition. The follow-on procurement is planned for award by 08 September 2025.

WASHINGTON

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

______________________ William Schoen 202-907-9916 ___________ Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

______________________ Kimberly Fedinatz 202-685-3232 ___________ Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

_______________________ James H. Waite 202-802-4902 ___________ Signature Name (Printed) Phone No. Date

ECH IV COMMANDING OFFICER APPROVAL

Upon the basis of the above justification, I hereby approve, as Commanding Officer, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(2).

________________________ Omarr E. Tobias ____________ Signature Name (Printed) Date

9 Oct 2024

DEPARTMENT OF THE NAVY