SAM-Justification and Approval (JA) 8(a).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

☒ Office of Acquisitions Management

☐ Foreign Service Institute

☐ Office of Foreign Missions

☐ U.S. Mission to the United Nations ☐ Overseas Post

Requiring Activity Bureau of International Narcotics and Law Enforcement Affairs - Western Hemisphere Affairs Programs-Haiti (INL/PAP).

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This document is a Justification and Approval for an extension – interim contract- which is being conducted by the Department of State, Global Acquisition, Office of Technology and Support Services, Regional Support (A/GA/AM/TSS/SVC/RS) on behalf of the Bureau of International Narcotics and Law Enforcement Affairs - Western Hemisphere Affairs Programs-Haiti (INL/PAP).

The request is for the extension of Contract No. 19AQMM22C0072 with Shields Point LLC (3909 ARCTIC BLVD., STE 500 ANCHORAGE, AK 99503-5793), which is currently set to expire on August 28, 2025. This request is for the supplies and/or services described in Section 3 on behalf of the Requiring Activity. There have been no other extensions for this contract to date. This contract was awarded against the 8(a) program through a sole source acquisition.

The Government anticipates this interim award to be the one and only interim award executed for this contract. The Government team fully anticipates being postured for a long-term competitive solution under the 8(a) program.

This contract extension will provide sufficient time to allow for the follow-on contract requirement to be properly competed through the 8(a) program. This contract, referred to as the Haitian National Police Advisory Support Contract, has been very successful in Haiti.

This extension will have a total of six months with a three-month base period and one three-month Option Period as follows:

a) Extension Period (Base) – 3 months (August 29, 2025 – November 28, 2025)

b) Extension Period (Option 1) – 3 months (November 29, 2025 February 28th 2026)

This is a hybrid contract with both firm-fixed price (FFP) for labor and cost reimbursement for ODCs.

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The purpose of this contract is to provide comprehensive support across multiple task areas to advance the mission of the Haitian National Police (HNP) and the goals of the INL/PAP program. This includes deploying Subject Matter Expert (SME) Advisors, United Nations Police (UNPOL) Advisors, and delivering logistics support to the HNP School and Academy facilities. The contractor will also oversee the implementation and delivery of Special Projects designed to strengthen HNP institutional capacity. Additionally, the contract requires provision of life and mission support services to the in-country Program Management Office (PMO), encompassing security, logistics, morale, welfare, and recreational support for deployed personnel—all under the strategic direction of the INL Director and aligned with mission objectives.

In support of HNP development, the contractor shall assign SMEs to provide advisory and technical expertise in key functional areas, including law enforcement operations, community policing, corrections, gender integration, rule of law, budgeting and finance, fleet and asset management, and logistical planning. These efforts must be coordinated with INL/PAP to ensure tailored support to HNP’s nationwide sub-organizations and operational units. Furthermore, the contractor will be responsible for the logistical onboarding of each new HNP recruitment class by supplying uniforms, equipment, medical screening, and other critical materials required to support successful induction and training cycles.

The following periods are applicable with this extension period:

a) Interim Request 1 (Base Period): Three months

b) Interim Request 1 (Option Period): Three months

This six-month interim period is appropriate and necessary, considering the complex and time-intensive process required to finalize a long-term diplomatic and strategic plan in coordination with the partner nation.

Extending the current contract for this duration ensures continuity of critical logistical support to the Haitian forces, without disruption to mission operations. This contract provides critical assistance to the Haitian

Government as they seek to protect their borders against street crime and violent gang extremists operating in Haiti as well as participate in multinational military operations. With the political instability in Haiti, it is imperative that the Haitian Police Force, a reliable and willing partner, be able to protect and monitor its borders while also project force into Haiti in support of multinational operations. The extension would prevent a stoppage to the critical assistance which supports U.S. national security and foreign policy objectives.

It also allows sufficient time to properly compete the follow-on contract under the 8(a) program once strategic priorities are established, thereby supporting both U.S. national security objectives and effective partner nation collaboration.

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

This acquisition is conducted under the authority of 41 USC 3304, as implemented by FAR 6.3 and substantiated by the following:

☒ FAR 6.302-2 – Unusual and compelling urgency.

This extension must be issued on a sole-source basis due to urgency and the need to avoid unacceptable delays. This six-month extension ensures the Government will have maximum time and space to prepare the acquisition package for the follow-on contract which will ensure maximum competition opportunities through the 8(a) program. In summary, this contract will be postured for a full competition during the FY25-26.

Competing this contract outside of 8(a) is not feasible since this acquisition was initially approved under the 8(a) program. Maintaining the Haitian National Police (HNP) support contract under the 8(a) program is critical to ensuring continuity of operations, preserving institutional knowledge, and meeting U.S. government small business participation goals. The 8(a) program provides a unique framework that allows for streamlined acquisition, rapid response to evolving security needs, and consistent service delivery by a vetted small business with specialized experience in law enforcement capacity building. Transitioning out of the 8(a) program at this stage would introduce unnecessary delays, increase operational risk, and jeopardize critical support to HNP during a period of heightened instability in Haiti.

The Executive Stop Work Order issued on January 28, 2025, significantly disrupted the acquisition process for the recompete of the 8(a) small business set-aside contract. Authorization to resume the process, including a waiver from the SBO/F bureau, was not issued until June 3. Due to the delayed waiver approval, the Government does not have sufficient time to process a competitive requirement without causing a lapse in services. As a result, no other sources could be found to provide the technical capacity and capabilities, as well as be fully vetted and staffed to begin on August 29, 2025, which creates the potential of serious injury to this critical mission.

Transitioning this scope of work to a different contract vehicle/source would cause significant disruption to the mission and negatively impact U.S. national security objectives directly related to illicit trafficking of firearms, persons, and drugs in the region, and negatively impact the mitigation of illegal migration to the U.S.

Additionally, it would result in a duplication of costs that would not be anticipated to be recouped through competition. The goal of this extension is to provide maximum competition opportunities through the 8(a) program.

SECTION 5. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS 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

(i) The Government announced a source sought (RFI-GTMPRI4943037) from Nov 14, 2025 through Dec 2, 2025 through SAM.gov for this requirement. A total of seven (7) small businesses responded. For this reason, the government is planning to issue a competitive 8(a) solicitation to ensure that many potential 8(a) contractors have an opportunity to participate.

SECTION 6. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT IS FAIR AND REASONABLE

The Contracting Officer anticipates that the proposed prices for this extension will be fair and reasonable. The Contracting Officer has a realistic price estimate for the services required based on previous work conducted by the incumbent as well as prices estimates based on similar overseas advisory work conducted by other vendors. Furthermore, the Contracting Officer reserves the right to utilize any pricing techniques to achieve a fair and reasonable price such as historical pricing, comparison to published price lists, technical experts, as well as certified cost and pricing data. By signing the justification, the Contracting Officer makes a determination that the prices to the Government are expected to be fair and reasonable.

SECTION 7. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

As described in Section 5, a source sought No. RFI-GTMPRI4943037 was issued from Nov 14, 2025 through Dec 2, 2025. A total of seven small businesses submitted their technical capabilities. Per technical capabilities submitted, after technical analysis, it was determined that all potential offerors can perform similar requirements as the one to be solicited. Per this finding, it is believed that it is the best interest of the government to issue a competitive 8(a) solicitation.

SECTION 8. STATEMENT OF THE 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

This requirement will be competed through the small business 8(a) set aside program in the future.

The issuance of a competitive solicitation requires time, the Government is extending this contract to ensure maximum competition is available in the future within the 8(a)-program pool. Consequently, the Government anticipates all barriers that led to this extension will be removed for the next iteration of this task order.

For the recompete, the formal solicitation is tentatively scheduled to be announced on Sep 1, 2025 with proposal due date around Oct 3, 2025. Award is tentatively targeted for Nov 28, 2025.