W912DR21C0005_After the Fact JA US Capitol_Redacted.pdf

NAB-21-010

After-the-Fact Justification and Approval for

Other than Full and Open Competition

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers (USACE), Baltimore District (CENAB), Contracting Division, Baltimore, MD

2. DESCRIPTION OF ACTION: Following the President's National Emergency Declaration Concerning the 59th Presidential Inauguration, the Secretary of the Army gave a Verbal Orders of Commanding Officer (VOCO) to provide immediate contracting support to JTF-NCR and United States Capitol Police for the actions required to support the installation of razor wire on top of fencing surrounding the U.S. Capitol Building to the US Army Corps of Engineers (USACE). USACE North Atlantic Division was tasked with Baltimore District as the executing District. This work is urgent and compelling in nature, as described in the declaration, declared that "an emergency exists in the District of Columbia and ordered Federal assistance to supplement the District's response efforts due to the emergency conditions resulting from the 59th Presidential Inauguration from January 11 to January 24, 2021." This after-the-fact Justification and Approval (J&A) is for the firm fixed price (FFP) Letter Contract awarded to LRS Federal LLC, 565 Benfield Road Suite 400, Sevema Park, MD 21146-2517 on an other than full and open competition/sole-source basis under circumstances of Unusual and Compelling Urgency. The action was awarded as an Undefinitized Contract Action (UCA) and definitized as a FFP "C-type" contract. The type of funds utilized are Army Operations and Maintenance funds provided by the HQ USACE to be reimbursed by the Army National Guard.

There were no options identified for the contract.

3. DESCRIPTION OF SUPPLIES/SERVICES: The purpose ohhis contract was to install 12,00 linear feet of razor wire (concertina) coils across the top of the existing fence line perimeter of the US Capitol in response to the emergency declaration issued. The total value of the contract awarded under this J&A is $298,471.62. The period of performance for the installation was 6 days in total and performance began immediately upon award of the UCA with full installation to be completed as soon as feasible but no later than 19 January 2021.

4. AUTHORITY CITED: l0 U.S.C. § 2304(c)(2), as implemented by Federal Acquisition Regulation (FAR) 6.302-2, Unusual and Compelling Urgency.

5. REASON FOR AUTHORITY CITED: Consistent with Defense Federal Acquisition Regulation Supplement (DF ARS) Procedures, Guidance and Information (PGI) 206.302- 2(b ), "use of this [ unusual and compelling urgency] authority may be appropriate ... [for] construction needed at once because of fire, flood, explosion, or other disaster." In support of the Presidential National Emergency Declaration, the agency's need for the installation of razor wire was of such an unusual and compelling urgency that the Government would have been seriously injured unless the agency was permitted to sole-source a contract to the single firm.

Background/Selection of Sole Source Contractor: As discussed in Paragraph 8, Market Research was conducted when the requirement was identified. Multiple firms were contacted to ascertain interest, capability, and estimated cost for the work. Three firms responded. LRS Federal is a small business who indicated interest and an ability to provide the services and supplies immediately. The firm demonstrated the necessary knowledge and capability, was local to the area, and provided the lowest estimated price.

Justification: The President approved an emergency declaration to support the security of the upcoming presidential inauguration on 11 January 2021. The White House "declared than an emergency exists in the District of Columbia and ordered Federal assistance to supplement the District's response efforts due to the emergency conditions resulting from the 59th Presidential Inauguration from January 11 to January 23, 2021." On January 12, 2021 the Baltimore District was tasked through the North Atlantic Division at the verbal direction of the Secretary of the Army to address security concerns for the upcoming election and install razor wire atop the perimeter fence line surrounding the US Capitol. The nature of this work was of such an unusual and compelling urgency that work had to commence immediately and be completed prior to the inauguration to be held January 22, 2021. Traditional competitive methods would not provide the response time required to compete and award and perform the complete installation within the timeframe presented.

Alternatives: CENAB examined several alternatives for fulfilling these requirements, but no other alternative would have allowed for performance to begin immediately. A Determination and Findings to award an UCA that will ultimately be definitized as a FFP "C-type" contract has been approved by the Senior Contracting Official.

Impact: Due to the unprecedented attack on the US Capitol on January 6, 2021 and additional intelligence suggesting further unrest is likely during the Inaugural period, the President approved an emergency declaration to support enhanced security services for the upcoming presidential inauguration. Failure to execute the installation of the razor wire to enhance the security of the US Capitol would be an unacceptable breach of national security in our Nation's Capital.

6. EFFORTS TO OBTAIN COMPETITION: CENAB solicited from multiple firms prior to the declaration and official tasking to the US Army Corps of Engineers by the Secretary of the Army. Three firms indicated interest and capability as well as estimated pricing. A single source was identified based on expediency (the contractor was able to mobilize and begin installation NL T 14 January 2021) and price ( the firms estimated price was 40% lower than the next lowest estimated price provided for similar mobilization time). As discussed in Paragraph 5, "Alternatives," no other alternative would have allowed performance to begin immediately.

The notice required at FAR 5.201 will not be published based on the exception at FAR 5.202(a)(2), Unusual and Compelling Urgency.

7. ACTIONS TO INCREASE COMPETITION: CENAB is mindful of the requirement in FAR 6.302-2 to request offers from as many potential sources as is practicable under the circumstances. Understanding the latitudes afforded under FAR 6.302-2, CENAB did reach out to multiple firms under the Omaha District RAPIDS MA TOC as well as other firms with known capability to perform the work.

8. MARKET RESEARCH: Based upon the Presidential National Emergency Declaration, CENAB determined the most expeditious tool available to fulfill this urgent and compelling requirement. Immediately, a review of existing contract vehicles was conducted. CENAB identified firms from prior experience which were known to have capacity to complete the requirement as well as reached out to the Omaha District and firms on the RAPIDS response MA TOC. Due to the nature of the requirement, the installation would be outside the scope of the Omaha District emergency contract vehicle, however, the firms would still be capable to execute the work.

9. INTERESTED SOURCES: In this instance, the need to undertake construction as soon as possible was of such an unusual and compelling urgency that the Government and the public would have been seriously injured unless CENAB was able award to a single vendor.

10. OTHER FACTS: NA

11. TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

12. REQUIREMENT CERTIFICATION: I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the cost or price to the Government for this contract action was fair and reasonable.

This was determined by conducting a detailed cost and price analysis of the offeror's definitization proposal, taking into consideration all pertinent information including field pricing assistance, audit reports and technical analysis, fact-finding results, independent Government cost estimates, and price histories. The contractor will be required to submit their price/cost proposal in accordance with FAR Part 15, and Certified Cost or Pricing Data will be required in accordance with FAR 15.403-4.

14. CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.