NNH17CF00C_JOFOC_redacted.pdf

Rev.:7/2022

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

HEADQUARTERS (HQ)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

FOR CONTRACT EXTENSION/NASA HEADQUARTERS’ PROTECTIVE

SERVICES/NNH17CF00C

1. Federal Acquisition Regulation (FAR) 6.303-2(b)(1) – Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition prepared by

National Aeronautics and Space Administration (NASA) Headquarters (HQ), Washington, DC.

The procuring agency is the National Aeronautics and Space Administration (NASA), and the contracting activity is NASA HQ.

2. FAR 6.303-2(b)(2) – The nature and/or description of the action being approved:

This justification provides the rationale for contracting by other than full and open competition to extend the period of performance/effective ordering period and to increase the value of the Core requirements up to for contract number NNH17CF00C with Diversified Protection Corporation (DPC). This request is to increase the current contract period of performance/effective ordering period beyond October 31, 2022, by 3 months to January 31, 2023, with additional 1-month option periods extending potentially through June 30, 2023.

A six-month extension using FAR clause 52.217-8 was previously issued via modification in April 2022 to extend the period of performance/effective ordering period from April 30, 2022, to October 31, 2022. The follow-on requirement encountered delays in the acquisition strategy that requires further extension of the existing contract. NASA consolidated the protective services contracts amongst its individual centers into regional Agency contracts for protective services. The Protective Services for the Eastern Region will consist of support for NASA Glenn Research Center (GRC), Goddard Space Flight Center (GSFC), Headquarters (HQ), and Langley Research Center (LaRC).

3. FAR 6.303-2(b)(3) – A description of the supplies or services required, to meet the

Agency’s needs (including the estimated value):

The NASA HQ Security Services Branch is responsible for providing a comprehensive security program to protect people, property, operations, activities, and information to achieve Agency-wide Security, Protective Services program consistency, and uniformity.

The Security and Services Branch is responsible for executing and sustaining a comprehensive physical security protection program utilizing physical measures designed to safeguard people, prevent unauthorized access to equipment, facilities, material, and documents, and to safeguard them against damage and loss.

The scope of work of the existing contract shall provide uniformed security officers to perform tasks such as: responding to emergencies; enforcing NASA regulations; conducting personnel, vehicular, building and facility checks and inspections; access control; package and parcel inspection; crowd control; parking and traffic control; patrolling public areas;

staffing gates; observing and reporting fires, water leaks, environmental threats, and other hazards; locking and unlocking buildings and rooms; safeguarding other sensitive/available assets; and escorting persons and equipment. The Contractor is also responsible for managing and operating the physical, mechanical, and electronic/IT systems used to control access throughout NASA HQ. Additionally, the Contractor shall provide a full range of locksmith services including lock and key management, data control, installation, and repair of locks and locking devices both mechanical and electronic, performing emergency openings, setting, and changing combinations, fabricating and issuing keys, issuing and controlling padlocks, and maintaining work order information.

The current IDIQ maximum ordering value of $5M has approximately $1.6M remaining to cover IDIQ services through June 30, 2023. However, the Core value of will not be sufficient to accommodate performance through the extension period. An additional is estimated to be needed to cover Core services through June 30, 2023, should the need to exercise the options arise. This increase will result in a revised Core value of

. It is anticipated the three (3) months with additional 1-month option periods extending potentially through June 30, 2023, will provide sufficient time for the competitive Protective Services Eastern Region contract to be awarded.

The contract extension period and increase to the Core value are based on an anticipated need to cover performance until the Protective Service Eastern Region contract can be awarded.

4. FAR 6.303-2(b)(4) – An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c) (1), as implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements”.

5. FAR 6.303-2(b)(5) – A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The rationale supporting the use of 10 U.S.C. 2304(c)(1) is due to the nature of the work to be performed, the short duration of the extension period, and NASA currently has a competitive follow-on procurement underway. As the incumbent contractor, DPC is uniquely qualified to provide uninterrupted critical services to NASA HQ. DPC was identified in the original contract award as the best company to provide the government protective services at the best value to the Government. In addition, DPC can continue performing services without requiring a startup period and/or the normal learning curve typically encountered by new incoming contractors. Should these services be interrupted, DPC’s inability to perform would cause a lapse in essential security and possibly a security breach to NASA HQ. In determining a solution that represents the least amount of risk to the government, stability and continuity are critical factors. DPC is considered the only contractor that can meet HQ’s needs given the short extension period of the contract.

If NASA attempts to procure these services from any other source, the time required to transition a new management team to become familiar with work requirements and systems would cause unacceptable risks in protecting NASA’s property, life, and mission. Based on the time and costs that would be involved in procuring and phasing in another contract, DPC is the only entity possessing the detailed knowledge necessary to provide seamless continuation of the services provided under the protective services contract without risk of an unacceptable interruption or delay of critical services. Awarding a contract to another source, at the same time as the competition of the follow-on is in process, would result in substantial duplication of costs and unacceptable delays in fulfilling the government’s requirements and not allow for a sufficient phase-in period, thereby effecting continuity of critical emergency services.

6. FAR 6.303-2(b)(6) – A description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies:

A notice to the Government Point of Entry (GPE) website (Sam.gov) was published on August 18, 2022, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source extension to DPC. The results of this synopsis are summarized in Section 10 below.

7. FAR 6.303-2(b)(7) – A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer’s signature on this document indicates that the Contracting Officer has determined that the anticipated cost to the government will be fair and reasonable. The Contractor shall be required to submit a proposal to be evaluated and negotiated by the Government. Prior to execution of the contractual instrument, a proposal analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable. The proposed costs will be evaluated by the Contracting Officer’s Representative and the Contracting Officer to determine that the direct labor rates, direct labor hours, skill mix, other direct costs, indirect costs, and fee(s) are fair and reasonable. This may also include support from external organizations such as the Defense Contract Audit Agency, as needed.

8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons market research was not conducted:

Given the criticality of the need and the complexity of the requirement, no in-depth market research was conducted. Within this limited time frame for implementing this contract extension, NASA does not believe any alternate sources can take on full contract responsibility without risk to security. A competitive contract is expected to be awarded by the end of this proposed contract extension, if not sooner. The requirement for Protective Services continuity of operations left no feasible alternative except to extend the current contract until the follow on is awarded.

9. FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition:

None.

10. FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

A notice of NASA’s intent to award this sole-source action was synopsized on the GPE website (Sam.gov) per FAR Subpart 5.2 (See Section 6 above). The synopsis was posted on August 18, 2022 and closed on September 1, 2022. One response was received via email on August 23, 2022, from

. The representative asked how they can service the government. The CO responded with “The NASA Headquarters’ Protective Service request is an extension of service with the current contractor. As a result, this special notice of intent is not a request for competitive proposals.” No further communication was received.

11. FAR 6.303-2(b)(11) – A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

There are no barriers to competition for the services required. A follow-on competition for these services is underway.