NCO21-FY23-188 JOFOC 36C261-23-AP-0212 Guard Services - HCA Approved.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 01 Effective Date: 01/01/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-23-AP-0212 RPOW JOFOC Tracker: 2023-04-07T09:06:06

1. Contracting Activity: Department of Veterans Affairs, Regional Procurement Office West (RPOW), Network Contracting Office (NCO) 21, on behalf of Department of Veterans Affairs, VISN 21, San Francisco VA Medical Center. 2237: 662-23-3-5081-0016

2. Nature and/or Description of the Action Being Approved: The San Francisco VA Medical Center (SFVAMC) has a continued need for security guard services to provide and enforce protocols at the main entrance and all side entrances San Francisco VA Medical Center Building 200, Building 203, Building 208, Building 209 and Building 7. Plan to award a new firm fixed price contract for a five (5) month period of performance with no options, except for 52.217-8 option to extend services.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The proposed procurement is for security guard services due to COVID-19 building entrance requirements to be awarded to the current contractor, Guard Force, Inc. The current contract expires on April 30, 2023. The resultant contract will be a five (5) month firm fixed price contract with no options, except for 52.217-8 option to extend services. In the interest of time to avoid a lapse in service and because we have been given the authority, plan to sole source this requirement to Guard Force, Inc. This will allow time for Network Contracting Office 21 to work on a long-term, competitive contract that will combine all of San Francisco security guard requirements into one Indefinite Delivery Indefinite Quantity (IDIQ).

Estimated dollar amount: $916,810.40 (Period of Performance: May 1, 2023 to September 30, 2023).

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 or 819.7009 up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a verified veteran-owned small business

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): VAAR 819.7008 authority allows sole source awards to a SDVOSB based on 38 U.S.C. 8127(c) if the following conditions are met:

a. The proposed contractor is a small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition and determined to be a responsible source with respect to performance of such contract opportunity.

https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://www.va.gov/oal/library/vaar/vaar819.asp https://www.va.gov/oal/library/vaar/vaar819.asp

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b. In the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States. The vendor has provided competitive rates.

c. To be eligible, contractors must be verified as Service-Disabled Veteran-Owned Small Businesses (SDVOSB) in the SBA VetCert database. The contractor, Guard Force Inc., is SBA VetCert verified since 2021 with an expiration date of 11/6/2025.

d. The statutory limitation of a sole source acquisition is $5,000,000.00, and the total procurement value of this action will be $916,810.40 and has been determined to be a responsible source with respect to performance.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

Guard Force Inc. has extensive experience, past performance, and their informal price is fair and reasonable. To avoid a lapse in service, a sole source contract to Guard Force Inc. using the VetsFirst authority will be used.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The Contracting Officer will review and determine if the anticipated price is fair and reasonable. FAR Part 13 Open Market Award Decision Documentation Form shall detail how the Government will determine that the anticipated cost is fair and reasonable. The basis of price reasonableness will be determined based on comparison of previous competed award, FAR 13.106- 3(a)(2)(ii).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Statutory Authority VAAR 819-7008 sole source award to a verified service-disabled veteran-owned small business (SDVOSB), Guard Force, Inc., has extensive experience, past performance, and their informal price is fair and reasonable. In the interest of time to avoid a lapse in service and because we have been given the authority, plan to sole source this requirement to Guard Force, Inc.; this will allow time for contracting to work on a long-term, competitive contract that will combine all of San Francisco security guard requirements into one Indefinite Delivery Indefinite Quantity (IDIQ).

Reviewed all the Contractor Performance Assessment Reporting System (CPARs) for Guard Force Inc., and all ratings were satisfactory or higher. Also, reviewed the last Contractor Annual Evaluation Report on the current contract with Guard Force Inc., and all ratings were very good. Vendor has met the eligibility criteria outlined in VAAR 819.7003, that they are verified in VetCert and the action is below the $5M threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. Statutory

Authority VAAR 819-7008 sole source award to a verified service-disabled veteran-owned small business (SDVOSB).

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

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10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Guard Force Inc., (SDVOSB)

DBA GUARD FORCE INTERNATIONAL

3717 GILDAS PATH

PFLUGERVILLE, TX 78660-4132

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 supplies or services required: The VA has statutory authority to make a sole source award to a SDVOSB. This is not a barrier to competition, but rather a procedure authorized by Congress through statute. Contracting will be working on a long-term, competitive contract that will combine all of San Francisco security guard requirements into one Indefinite Delivery Indefinite Quantity (IDIQ).

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs 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.

_____________________________ __4/10/2023_______________ Jesse Garcia Jr. Date Deputy Chief of Police

San Francisco VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

_____________________________ __4/10/2023_______________ Angela Gerlitzki Date Contracting Officer

Network Contracting Office (NCO) 21

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Brooke C. Robison Date

Director of Contracting Network Contracting Office (NCO) 21 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx VHAMACRobisB Typewritten Text

10 APR 2023

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c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Curtis M. Jordan Date Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)