Redacted JA FY25034.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY25-034

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 6.303-1, 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 (DHS), Office of

Procurement Operations (OPO), Federal Protective Service (FPS), Acquisition Division (AD) proposes to extend the ordering period of Contract 70RFP119DE2000002, with Alutiiq Advanced Security Solutions (Alutiiq) for Armed Protective Security Officer (PSO) and related services at Plum Island Animal Disease Center on the basis of other than full and open competition.

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

(a) Nature of action: FPS AD intends to procure protective security officer services on a noncompetitive basis for up to six (6) months, January 1, 2025 - June 30, 2025, to allow time to finalize award of the competitive follow-on contract and provide adequate time for transition. This action will result in a modification to extend the ordering period of the current contract to allow placement of a task order to continue critical PSO and related services at Plum Island Animal Disease Center. The task order will only be issued under this contract for the necessary length of time required, but not to exceed six (6) months. The current contract is set to expire on December 31, 2024. The follow-on procurement is currently in the solicitation phase. Due to various delays including a change in acquisition strategy and requirement changes initiated by the Program Office additional time is needed in order to evaluate proposals and make a best value award determination.

FPS AD is using a 100% small business set-aside for the follow-on requirement. This follow-on effort will also require a transition period of 120 days from the date of award to the performance start date. As such, this extension will allow time to complete the award and provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor.

Alutiiq Advanced Security Solutions

3909 Arctic Blvd Ste 500 Anchorage, AL 99503-5769

(c) Contract type: Indefinite Delivery Indefinite Quantity, Firm Fixed Price

(d) Estimated total value: Six months - $3.9 Million

Period of Performance

Hours Rate Total

PSO Services 1/1/2025 – 6/30/2025

45,000 $75.83 $3,412,350.00

Project Manager 1/1/2025 – 6/30/2025

1,004 $97.02 $97,408.08

Assistant Project Manager/Training Officer

1/1/2025 – 6/30/2025

1,004 $85.11 $85,450.44

Visitor Control Specialist

1/1/2025 – 6/30/2025

3,012 $69.55 $209,484.60

Physical Security Technician

1/1/2025 – 6/30/2025

1,004 $68.89 $69,165.56

Security Analyst 1/1/2025 – 6/30/2025

1,004 $69.55 $69,828.20

ODC in Support of Lock Replacement

1/1/2025 – 6/30/2025

1 Lot $5,000.00 $5,000.00

ODC in Support of Marine Fuel

1/1/2025 – 6/30/2025

1 Lot $10,000.00 $10,000.00

(e) Type of funding: Operations and Maintenance Funds

(f) Year of funding: Fiscal Year 2025

(g) Solicitation number: 70RFP124RE2000001

(h) Background information about the requirement: FPS AD intends to obtain services pursuant to FAR 6.302-1 as only one responsible source and no other sources will satisfy agency requirements for the continuation of PSO and related services at Plum Island Animal Disease Center.

3. Description of Supplies/Services

The requirement is to provide Armed PSO and related services at Plum Island Animal Disease

Six months - $3.9 Million

$75.83 $3,412,350.00

1,004 $97.02 $97,408.08

1,004 $85.11 $85,450.44

45,000

3,012 $69.55 $209,484.60

1,004 $68.89 $69,165.56

1,004 $69.55 $69,828.20

1 Lot $5,000.00 $5,000.00

1 Lot $10,000.00 $10,000.00

Center. Alutiiq Advanced Security Solutions is currently performing under the six (6) month FAR 52.217-8 extension period authorized via P00019 on June 25, 2024. Services will end under this contract on December 31, 2024. To complete the competitive procurement process and provide a transition period for the new follow-on contract, FPS AD finds it necessary to request approval for up to an additional six (6) months of service under the authority for other than full and open competition cited herein. This will extend the ordering period under Contract 70RFP119DE2000002 from January 1, 2025, through June 30, 2025 in the event all six months are needed.

The instant action is to enable FPS to continue procuring PSO services from Alutiiq under Contract No. 70RFP119DE2000002 while completing evaluation of offers, awarding the competitive follow-on contract and providing a 120-day transition period to the successful offeror. This will ensure uninterrupted security and related services at federal facilities at Plum Island Animal Disease Center between the expiration of the existing contract and the start of full performance by the successful vendor under the follow-on effort. The proposed sole source extension will ensure services are provided while the award is being finalized and will also cover the 120-day transition for the new vendor to train and meet all requirements of the new contract prior to standing post. The solicitation was issued on March 29, 2024 as a 100% small business set-aside for Protective Security Officer and related services.

The requirement fulfills an existing government need and the extension of the existing contract is the most advantageous and only practical method of fulfilling the government's need, price, and other factors considered. This contract extension also takes into account the government's need for continuity of operations and potential costs of disrupting operations.

The period of performance for this extension is for up to six (6) months of additional PSO services from January 1, 2025, through June 30, 2025; at an approximate value of $3,958,686.88.

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)(l) implemented by FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

5. Identification of Exception to the Buy American Statute

Not applicable.

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

Alutiiq Advanced Security Solutions is currently satisfactorily performing PSO services under Contract 70RFP119DE2000002. The contract is set to expire on December 31, 2024.

FPS AD is in the process of evaluating proposals so that it can award a competitive follow-on

3,958,686.88.$ contract which is currently being solicited as a 100% small business set-aside for Protective Security Officer services

However, due to unexpected delays and circumstances beyond the control of the contracting office, the Government requires additional time to award the follow-on contract and allow for a 120-day transition. The unexpected delays were attributable to the following: ( 1 ) Multiple updates were made to this requirement after the solicitation was issued, which included a revised Scope of Work (SOW), to revise the Master Certification List, revise the Proposal Submission Requirements in the RFP, provide an updated Post Exhibit, provide the ferry schedule, provide the revised Attachment 2 (Statement of Work Exhibits 1-16), provide the revised Attachment 6, “Pricing Model”, revise Attachment 9 “Proposal Submission Checklist”, and a change to the CLIN structure; (2) due to a high number of questions (129) from industry an unanticipated delay resulted in the issuing of Amendment 7 which provided answers to these questions.

The follow-on requirement under this contract is estimated to be awarded on or before Marrch 31, 2025, with an anticipated performance start date on or before July 1, 2025. The follow-on contract will have a transition period of 120 days from the date of award to the performance start date. This transition period enables the follow-on contractor to obtain all necessary equipment, licenses, training, and other certifications/ suitability requirements for its employees to be able to begin standing post at the start of performance. Due to extensive screening, training, licensing, and transition requirements for PSOs under the FPS program, another PSO firm cannot immediately replace the existing contractor without a severe and unacceptable degradation in overall security jeopardizing federal government personnel, visitors, and assets. For these reasons, it is also not feasible for any portion of the work to be segregated to allow for competition. The incumbent contractor, Alutiiq, is familiar with the instant requirement, facility locations, and has a fully qualified staff in place and is the only contractor at this time that can immediately fulfill the requirement without delay or interruption of services. As a result, a short-term extension of services under the current contract is necessary to ensure a seamless transition takes place from the existing requirement to the follow-on effort.

Title 40 United States Code (U.S.C) §1315 gives DHS the responsibility to protect federal facilities and the people therein. Presidential Policy Directive 21 (PPD-21), and the National Infrastructure Protection Plan (NIPP) further refine DHS's responsibility to protect buildings, grounds, and property that are owned, occupied, or secured by the Federal Government.

These documents also establish U.S. policy for the protection and resilience of the Nation's critical infrastructure and provide a framework for integrating efforts designed to enhance the safety of critical infrastructure. Given the reality of terrorist threats, it is in the best interests of DHS and the public to continue to allow the incumbent contractor to provide services until the follow-on contract is appropriately transitioned. Effective PSO services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. PSO services also mitigate threats by detecting firearms, hazardous materials, and suspicious packages at these locations. Due to these critical roles, a modification to extend the ordering period under the current contract 70RFP119DE2000002 with Alutiiq is required to allow placement of a new competitive contract to provide continued services to ensure uninterrupted service, a seamless transition, and to eliminate potential disruption in PSO services.

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

The circumstance restricting competition for this requirement is that "only one responsible source and no other supplies or services will satisfy agency requirements," pursuant to FAR 6.302-1. Therefore, no exception to the FAR 5.2 notification requirement applies, and FPS AD posted this requirement to SAM.gov on December 10, 2024 pursuant to FAR 5.201(b)(1)(ii). FPS AD intends to make this justification publicly available pursuant to FAR 6.305.

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

The Contracting Officer has determined that the proposed hourly rate of $75.83 for PSO services at Plum Island Animal Disease Center proposed for the six-month extension period is fair and reasonable based on comparison of the proposed prices to historical prices paid for the same or similar items in accordance with FAR 15.404-1(b)(2)(ii). The price analysis table below shows the comparison in hourly priced rates from different contracts that were competitively awarded for PSO Armed Guard Services for the FPS Eastern Zone to the price established for the J&A period. All contracts have similar Statements of Work and similar training/ certification requirements as they are all for Armed PSO services. Only the Basic PSO rate is being used for comparison as it makes up the majority of services ordered under the contract.

Contractor Contract Number Location Period of Performance

Basic Hourly

Amount Difference

Percent Difference

Alutiiq Advanced Security Solutions

70RFP119DE2000002

Plum Island Animal Disease Center

1/01/2025 – 6/30/2025

$68.53 (Current

Rate) $69.61

GXC Max 70RFP124DE2000001 Brookhaven

IRS

12/01/2024 - 11/30/2025 $75.07 ($0.76) 1%

R11 MAC

Task Order 70RFP224DEC000005

Maryland

NRC

10/1/2024 – 9/30/2028 $75.24 ($0.59) 1%

As shown above, the rates for the extension period are competitive to the rates for other Armed PSO services throughout the East Zone. The current rate for PIADC PSO services is $68.53;

the hourly rate proposed price by Alutiiq for PSO Services ($75.83) is approximately 9.5% higher than the hourly rates currently being paid under the current period of performance.

The proposed rate has been negotiated and accepted by the Contracting Officer. It is important to note that the vendor is required by the Service Contract Labor Standards Act to pay

$75.83

$68.53 (Current

Rate)

$75.07 ($0.76)

$75.24 ($0.59) 1%

1%

$68.53;

$75.83 9.5% increased wages to PSOs under this contract in accordance with the incorporated CBA that are not currently being utilized under the current hourly rate for this contract.

In accordance with FAR 15.403-1(b)(3), no certified cost or pricing data will be required because the service is commercially available to the general public.

9. Description of Market Research.

The agency has conducted market research for the new requirement and is familiar with the other potential sources and their qualifications. Based on our market research, other firms could provide PSO services at Plum Island Animal Disease Center, however they could not do so by January 1, 2025, causing unacceptable delays or potentially jeopardizing the safety of government employees or visitors. Accordingly, no other contractor can provide the services without an unacceptable interruption in service at this time.

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

Since it is essential that service continue without interruption for the security of the facilities, its tenants, its visitors, and the fact that Alutiiq is performing satisfactorily as documented under the Contractor Performance Evaluation Assessment Report System (CPARS), it is in the best interest of the government to extend contract 70RFP119DE2000002 for up to six months with the current contractor.

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

Acquisition.

Not Applicable.

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.

This requirement is for the sole purpose of issuing a modification to continue PSO services under Contract 70RFP119DE2000002 until the competitive follow-on contract is awarded and transitioned to start. The agency is currently processing a follow-on requirement which is taking longer than originally projected due to unanticipated issues and delays. The agency plans to make award no later than March 1, 2025, with the new award to start no later than July 1, 2025. It is essential that services continue without interruption for the security of federal facilities at Plum Island Animal Disease Center to include government personnel and visitors at these locations.