Justification and Approval for Other Than Full and Open Competition Redacted Document.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Office of the Chief Procurement Officer Version 3.5

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(7)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-2, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security, Federal

Emergency Management Agency, Office of the Chief Security Officer, Office of the Chief Procurement Officer, proposes to award a sole-source purchase order pursuant to FAR 6.302- 2, Unusual and Compelling Urgency, for Level II Armed Protective Security Officers in support of DR-4831-VA.

2. Nature and/or Description of the Action being Approved.

FEMA Region VI intends to procure Level II Armed Guard Services in the State of Virginia to support DR-4831-VA, a FEMA federally declared disaster for recovery efforts in the aftermath of Tropical Storm Helene.

The requirement includes providing armed guards as requested in declared counties within the State of Virginia. While there may be up to ninety-five (95) declared counties, the area most impacted by the storm is concentrated in the southwest region of the state, including Grayson, Smyth, Tazewell, Washington, Giles, and Wythe counties, as well as the City of Galax.

The immediate need is for two Level II Armed Protective Security Officers to be stationed at 201 Resting Tree Dr., Bristol, VA 24202, from 6:30 AM to 5:30 PM, Monday through Friday, for the period of October 9, 2025, through December 8, 2025.

FEMA intends to award a sole-source purchase order to REDCON Solutions Group LLC to ensure continuity of critical services.

Contract type: Labor Hour.

Estimated total value (including options). Provide breakdown as shown below:

Period Unit Price Quantity Total

Base 60 days $48.00 880

$42,240.00

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Total $42,240.00

Note: If the products or services under the justification were previously awarded under another contract, also provide the period of performance end date for that contract(s).

(a) Type of funding: Disaster Fund 6R

(b) Year of funding: FY26

(c) Solicitation number: FEMA-ER-2025-10072025

(d) Background information about the requirement.

The Prior Market Research was conducted between September 30, 2024, and October 3, 2024, to identify guard companies licensed in the state of Virginia, who can support FEMA security operations with the requirements for up to 156 hours of daily armed guard services. These companies are required to provide the appropriate number of personnel stated in the statement of work during the specified time. This Market Research identifies the guard company to be contracted which may meet the requirement. The companies identified are licensed in the state of Virginia.

The requirement for Level II-Armed Guard Security Services in support of FEMA declaration DR-4831-VA in the State of Virginia resulted 70FBR325C00000001 of contract awarded to REDCON SOLUTIONS GROUP LLC on October 9, 2025, derived off of solicitation # 70FBR325Q00000001 where six offers were received.

Base Contract Period of Performance 10/10/2025 with a completion date of 01/08/2025 and estimated ultimate completion date of 04/09/2025.

Modification P00001 – Signed 11/19/2024, Additional funds for Armed Security Guards (CLIN 0001); Level II-Armed Guard Security Services in support of FEMA declaration DR- 4831-VA in the State of Virginia.

Modification P00002 – Signed 01/03/2025, to Exercise Option Period One (1) and de-obligate funds from CLIN 0001; Level II-Armed Guard Security Services in support of FEMA declaration DR-4831-VA in the State of Virginia. with a completion date of 01/08/2025 and estimated ultimate completion date of 04/09/2025.

Modification P00003 – Signed 04/08/2025, NO-COST Administrative Services Modification to exercise FAR 52.217-8 for Level II-Armed Guards under DR-4831-VA. Acq Alert 25-07 DOGE Cost Efficiency E.O. Compliance Certification with a Period of Performance Start Date 10/10/2024 with end Completion Date of 10/08/2025.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

The Program Office OCSO COR Joseph Wilderson communicated to Robert Wink that the Contracting Officer Bianca Biase refused to answer his e-mail regarding the period of performance or new requirement from August 2025 through the end of September 2025.

The requirement is for 2 x Level II-Armed Guard Security Services from 06:30 – 17:30 (22 hours a day), Monday through Friday.

3. Description of Supplies/Services.

The contractor shall provide two Level II Armed Protective Security Officers to support disaster recovery operations under DR-4831-VA. Services include maintaining security at FEMA facilities, ensuring the safety of personnel and assets, and complying with all requirements outlined in the Statement of Work.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(2), implemented by FAR Subpart 6.302-2, “Unusual and Compelling Urgency.”

This authority is cited because the requirement facilitates the response to an urgent operational need to maintain sanitation at FEMA facilities supporting disaster relief operations.

5. Identification of Exception to the Buy American Statute.

The Buy American Act does not apply to this procurement because the exception outlined in FAR 25.103(b)(2) – Nonavailability permits the purchase of articles that are not domestic end products.

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Program Office recommends awarding a bridge contract to REDCON Solutions Group LLC, the incumbent contractor under Contract #70FBR325C00000001, which is set to expire on October 8, 2025.

Key factors supporting this recommendation include:

1. Vetting Requirements: Any new Level II Armed Guard Security Officers outside of REDCON Solutions Group LLC would need to be vetted through FEMA’s Personnel Security, requiring $2,000 per officer for vetting, totaling $6,000. Due to the requirement being outside the 120-day declaration start date, a waiver cannot be approved for new officers to stand post without being Entry on Duty (EOD) approved.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

2. Cost Efficiency: REDCON Solutions Group LLC charges $48 per hour. Awarding the contract to a new vendor may result in increased costs, which would not be beneficial to the Government.

3. Continuity of Services: Industry (Security Company) may attempt first right of refusal for current officers, but if these officers are paid less than their current hourly rate, they may decline to stand post or remain employed by the new company.

Failure to approve this J&A will result in immediate harm to FEMA’s mission. The lack of security services would force the closure of FEMA facilities, rendering them unsafe and halting critical disaster response operations. This disruption would jeopardize personnel safety, violate regulatory requirements under the Homeland Security Act of 2002, and negatively impact disaster survivors who rely on FEMA’s support.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

A sources sought notice was not issued due to the urgent nature of the requirement. The immediate need for Level II Armed Guard Services precludes the ability to conduct a competitive procurement.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated hourly rate of $48.00 is fair and reasonable based on prior acquisition history for services that were previously acquired, the contractor’s pricing proposal, and its comparison to the hourly rate of hourly rate of $48.00 that is expressed within the Independent Government Cost Estimate of $42,240.00.

9. Description of Market Research.

Market research was conducted to identify contractors capable of providing Level II Armed Guard Services within the required timeframe. The previous market research for Contract #70FBR325C00000001 identified six vendors capable of meeting the requirement. However, REDCON Solutions Group LLC was determined to be the only vendor capable of mobilizing within the required timeframe and meeting FEMA’s security standards.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

(a) An explanation why technical data packages, specifications, statement of work, or purchase descriptions are not suitable for full and open competition.

Not applicable.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

(b) Discuss why your requirement cannot be modified to enhance competition.

Not Applicable, due to the short suspense time.

(c) The duplication of cost would be four days (12 hours of Contracting Officer and Program Office), from solicitation, posting, receiving proposals, evaluating proposals to award.

The Contractor would need to be 100% vetted and in place by October 9, 2025, which is not possible. The additional time to vet each Level II Armed Protective Security Officer would be an additional six plus hours of everyone (18 hours total). The facility would have to shutdown until the PSOs are vetted/approved. The total time spent on the requirement would be 30 hours at an average rate of $60 per hour is $1,800, plus the additional $2,000 per PSO vetting by Personal Security would make this a total of $7,800.

(d) For a proposed contract subject to the restrictions of FAR 6.302-2(d) or HSAR 3006.302- 270 and where FAR 6.302-2 is cited as the authority, describe the exceptional circumstances allowing for an award for a period of performance more than the one-year limitation (applicable to all federal agencies) or the DHS-specific statutory 150-day limitation.

Not Applicable.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

No other sources expressed interest in writing due to the urgent nature of the requirement.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required. Include a statement of actions taken or that will be taken to increase competition for future acquisitions of the same item/service. Include information such as:

The Program Office, Office of the Chief Security Officer to remove and overcome future barriers is recommending that FEMA Contracting Officers at the Office of the Chief Procurement Officer respond to e-mails and notify the Contracting Officer Representative that the Contracting Officer has changed, and who it is.

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