Redacted- 1717 H_Justification for Other than Full and Open Competition.pdf

Attachment 1 U.S. Customs and Border Protection

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity. Customs and Border Protection (CBP), Office of Facilities and Asset Management (OFAM), Asset and Administrative Management Division (AAMD) and Mobile Assets Program Management Office (MAPMO) proposes to enter into a contract on a basis other than full and open competition.

2. Nature and/or description of the action being approved. CBP has a requirement on a sole source basis to procure 13 parking spaces for Government owned vehicles (GOVs) and personally owned vehicles (POVs) for employees located at 1717 H Street, NW, Washington, DC. Required parking spaces are at an estimated cost of $ for the base year and $ for all option periods.

Name and address of the proposed contractor:

Matomic Corporation Co. 1717 H Street, Washington, DC.

3. Description of Supplies/Services. The requirement is to provide 13 parking spaces for qualifying CBP employees. Total cost of requirement is $ for the base year. CBP requires 24/7 parking garage access and have reserved handicap spaces. The parking needs to house privately owned vehicles and official government vehicles at the employees work location. 13 Parking spaces will be occupied by the following:

I. GOVs specially designed and used for law enforcement/criminal apprehension functions

II. Other GOVs and leased vehicles used for official business III. Emergency Response Group (First responder POVs) IV. Duty/Watch Officers V. Physically disabled employee POVs

VI. Long and Unusual hours POVs VII. Carpool POVs

VIII. POVs used for Official government business

Period Unit Price Total Base Period 12 mos $ /mo $ /yr Option Period 1 12 mos $ /mo $ /yr Option Period 2 12 mos $ /mo $ /yr Option Period 3 12 mos $ /mo $ /yr Option Period 4 12 mos $ /mo $ /yr

Total $ for 13 parking spaces.

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)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

This requirement is needed to provide parking spaces to CBP employees that are critical to the success of CBP’s mission. This includes employees involved in law enforcement, trade relations, intelligence and counter-intelligence, congressional affairs, and others. Non-availability of required spaces could lead to significant impairment to execution of the CBP mission. Current location at 1717 H Street meets all CBP requirements to include accessibility to rapid deployment vehicles.

The 13 parking spaces need to be located onsite at 1717 H Street, as they will be utilized by GOVs and POVs of employees qualifying for parking due to Unusual Work Hours, Duty/Watch Officers (employees assigned to staff CBP intelligence, enforcement, communications, and other support operations that entail a 24 hours a day schedule, for 365 days a year), Emergency Response Group (ERG) First Responder as well as disabled employees. If GOVs, Law enforcement in particular, were located offsite, they would not be easily accessible to employees utilizing those vehicles to execute CBP’s mission. Vehicles also may be more susceptible to damage or vandalism if not in a location with a frequent law enforcement presence. Those employees working unusual work hours could also be in jeopardy, as they would be force to travel to and from their vehicle on foot, potentially several blocks or late at night while currently vandalism is quite prevalent. Physically disabled employees that are granted parking due to their disability would also be put in jeopardy if forced to park offsite potentially several blocks away.

The current vendor (Matomic Corporation Co.) is able to supply electronic access cards within 24 hours of approval from the CBP Program Administrator. Electronic access card allows 24/7 garage access to approved employees. Many of whom work long and unusual hours to include weekends, work as “duty watch” officers working various shifts. The current vendor employs an electronic system to control parking access with the ability to suspend or block access immediately and automatically prevent unauthorized or duplicate entries. The vendor currently provides parking utilization data monthly to include in/out dates and times ad any duplicate entry attempts to support the program office’s internal controls and oversight functions.

In addition, it was determined that no GSA owned or rented spaces were available accordingly, agency procurement of commercial parking by service contract is authorized pursuant to 41 C.F.R. 102-73.240.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. A FedBizOpps announcement will be issued as required by FAR Subpart 5.102(a)(6) and 5.2.

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

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7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The Contracting Officer determines that the anticipated price will be fair and reasonable based on the comprehensive market research conducted by CBP within one-mile radius of 1717 H Street.

8. Description of Market Research. Market research conducted and seven facilities within one- mile radius of 1717 H Street were reviewed that could possibly provide the required needs of CBP. The market research showed that only current vendor (Matomic Corporation Co.) could provide all of the requirements to meet the needs of CBP. This is due to the mission requirement of the individuals that are located at 1717 H Street and the vehicles that housed at the location, it is necessary to park onsite at the 1717 H Street garage and procure these spaces accordingly. CBP also requires monitoring of the garage 24/7, for the security of the GOVs that are housed at this facility, and the protection of the employees that work longer than usual hours. All other parking facilities in vicinity are devoid of these requirements as mentioned in para supra.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition. The 13 parking spaces need to be located onsite at 1717 H Street, as they will be utilized by GOVs and POVs of employees qualifying for parking due to Unusual Work Hours, Duty/Watch Officers (employees assigned to staff CBP intelligence, enforcement, communications, and other support operations that entail a 24 hours a day schedule, for 365 days a year), Emergency Response Group (ERG) First Responder as well as disabled employees. If GOVs, Law enforcement in particular, were located offsite, they would not be easily accessible to employees utilizing those vehicles to execute CBP’s mission. Vehicles also may be more susceptible to damage or vandalism if not in a location with a frequent law enforcement presence. Those employees working unusual work hours could also be in jeopardy, as they would be force to travel to and from their vehicle on foot, potentially several blocks or late at night. Physically disabled employees that are granted parking due to their disability would also be put in jeopardy if forced to park offsite potentially several blocks away. Hence, the non-price factor per FAR 15.304 also prevails, where prevailing factors are more significant than cost or price.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition. Not Applicable

11. 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. Availability of parking in the Washington, DC area is unpredictable and extremely limited. On future acquisitions, CBP will conduct market research and, if the outcome indicates that there are other companies within a reasonable distance from the 1717 H Street location that can accommodate all 13 CBP federal employees, the Contracting Officer will obtain full and open competition.

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

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12. Planning and Funding Statement. This sole source action is not the result of lack of planning.

13. Posting Requirement. CBP will post this requirement on FedBizOpps pursuant to FAR 6.305.

14. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office:

Name: (Print):

Title:

Signature: __ _ Date: _____________

15. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Name (Print):

Contracting Officer

Signature: Date: _____________

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $700,000 shall constitute approval of the J&A.

16. SMALL BUSINESS SPECIALIST CERTIFICATION (Per HSAM 3019.501 - Above the SAT)

I certify that I have conducted a search for small businesses and other socio-economic concerns capable of participating in this acquisition.

If any were found, a list is attached.

Name (Print):

CBP Small Business Specialist

01/07/2020

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

Signature: _ _ Date: _____________

17. CHIEF COUNSEL REVIEW (Per HSAM 3006.304-70 - Above the SAT)

&A APPROVALS

18. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Above $700,000)

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: ___________________________ Date: _____________

19. HEAD OF CONTRACTING ACTIVITY (Per FAR 6.304(a)(3) - $13.5M to $68M)

Approved Disapproved

Name (Print): _______________________ Head of the Contracting Activity

Signature: __________________________ Date: _____________

20. DHS CHIEF PROCUREMENT OFFICER (Per FAR 6.304(a)(4) - Above $68M)

Approved Disapproved

Name (Print): _______________________ DHS Chief Procurement Officer

Signature: __________________________ Date: _____________

21. DHS SECRETARY (any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount)

Approved Disapproved

Name (Print): _______________________

03/24/2020

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

DHS Secretary

Signature: __________________________ Date: _____________