CBRN MDDP SSJ FY26-0166 (3).pdf

HSAM 3008.401-71

Sole Source Justification (SSJ) pursuant to Revolutionary FAR Overhaul (RFO)

For orders or BPAs exceeding the Simplified Acquisition Threshold

“[1] FAR Class Deviation 25-20 for FAR Part 8 was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 8 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-20 for FAR Part 8.”

SSJ #: FY26-0166

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity. Identification of the agency, contracting activity, and specific identification of the document as a “Sole Source Justification.”

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO) proposes to award a Sole Source Justification in accordance with Revolutionary FAR Overhaul (RFO) Federal Acquisition Regulation (FAR) 8.401(b), RFO FAR Class Deviation 25-20 for FAR Part 8.[1]

2. Nature and/or description of the action being approved. Describe the action being approved and include the name and address of the proposed contractor(s).

(a) Nature of action:

DHS/OPO intends to restrict consideration to a single source solicited pursuant to RFO FAR 8.401(b) and General Service Acquisition Manual (GSAM) 538.7104- 3(b)(iii) and RFO FAR 8.405- 6(a)(1)(i)(C). The contractor will be providing the services required at the level of quality required due to the consistent support required to sustain critical chemical, biological, radiological, and nuclear detection security operations while the Chemical, Biological, Radiological and Nuclear Detection (CBRN) Operations Directorate in the Office of Resilience Mobile Detection Deployment Program (MDDP) conducts a new contract vehicle procurement process. The anticipated date of award for this requirement is August 14, 2026.

(b) Name and address of the contractor:

Summit Exercise and Training, LLC 111 2nd Ave NE STE 354, Saint Petersburg, FL.

33701

(c) Contract type: Time and Material (T&M) http://uscode.house.gov/

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 8 in this document will be cited as

(d) Estimated total value (including options): $2,700,000.00

Period Unit Price Total Base Period 6 mo. NA $2,700,000.00

(e) Type of funding: Federal Assistance

(d) Year of funding: FY26

(e) Solicitation number: TBD

(h) Background information about the requirement. See section 6 (b)

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

This procurement is for support services for MDDP. DHS procures, maintains and deploys MDDU to assist stakeholders in detecting CBRN threats. There are six MDDU (truck – trailer) that contain detection equipment to include mobile detection systems, portable detection backpacks, handheld radio-isotope identification devices, and personal radiation detection devices. MDDUs are strategically positioned at DHS components throughout the United States. MDDU deployments are accompanied by technical support staff members to train personnel on the use of equipment, to help integrate these capabilities into existing operations, and provide guidance and recommendations as needed.

These services are currently acquired under task order 70RWMD26F00000007.

Primarily, the contractor must provide the critical and highly specialized technical expertise to support the chemical, biological, radiological, and nuclear detection capabilities to a variety of counter terrorism operations. These technical experts conduct detection activities in the field with federal, state, local, tribal, and territorial law enforcement during routine operations, special events, National Special Security Events, and during intelligence driven operations. The total estimated value is $2,700,000.00. No options are included.

4. Identification of Statutory Authority Permitting for a Sole Source Procurement.

DHS/OPO intends to limit the number of sources solicited pursuant to RFO FAR 8.401(b) and General Service Acquisition Manual (GSAM) 538.7104-3(b)(iii) and RFO FAR 8.405- 6(a)(1)(i)(C). The order should be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow-on to an FSS

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 8 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-20 for FAR Part 8.”

order already issued on a competitive basis. The original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures, and the original order was not previously issued under sole-source or limited-sources procedures.

5. Identification of Exception to the Buy American Statute: N/A

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

(a) Rationale for using the authority cited in section 4 of the SSJ:

A six-month task order to Summit ET is being issued as a logical follow-on to ensure continuity of services while the competitive procurement is being finalized.

Awarding a new source for this interim period would necessitate a transition period estimated at over $1,200,000.00 in redundant direct labor costs plus significant additional government administrative costs to include onboarding and clearances. Furthermore, the learning curve associated with a new vendor would have a negative impact on the quality of services. These costs are not recoverable through any savings that might be realized in a short-term competition.

Accordingly, a logical follow-on bridge contract represents the best value for the Government.

Further, the incumbent currently holds the requisite security clearances, suitability, and personnel on-site necessary for continued support while the new contract is being initiated, the incumbent’s familiarity and experience with DHS’s financial system and its nuances and complexities will alleviate the substantial risk of contractor non-performance that would be present were a new contractor to be brought on board without sufficient transition time.

The contractor will be providing the services required at the level of quality required due to the consistent support required to sustain critical chemical, biological, radiological, and nuclear detection security operations while the Chemical, Biological, Radiological and Nuclear Detection (CBRN) Operations Directorate in the Office of Resilience Office’s Mobile Detection Deployment Program (MDDP) within FEMA conducts a new contract vehicle procurement process.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for completion;

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 8 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-20 for FAR Part 8.”

Unforeseen delays occurred attempting to award a new task order during the recompete process. The transformation from the former Countering Weapons of Mass Destruction (CWMD) Office’s Mobile Detection Deployment Program (MDDP) Operations Support Directorate (OSD) into the Chemical, Biological, Radiological and Nuclear Detection (CBRN) Operations Directorate in the Office of Resilience within FEMA encountered various hiccups. During this transformation multiple delays were encountered due to unknown realignment issues and practicable funding requirements that were resolved. The MDDP requirement is now with CBRN OPS and using the new construct to award through OPO using FEMA funds.

(c) Summarize alternatives considered and why they will not work; and

Primarily, the chemical, biological, radiological, and nuclear detection field is incredibly small. Few companies are prepared to do the work as outlined in the statement of work.

(d) Impact to the mission that would result if the SSJ is not approved and, consequently, the product or service not provided.

The contract provides technical support personnel during mission partner counter-terrorism operations and events of national significance. MDDP has six

(6) units that may be deployed in support of national special security events, significant state and local special events, multi-agency training and exercise activities, and augment steady-state operations focused on criminal smuggling pathways.

The requested funding ensures the MDDP capability can provide domestic law enforcement and first responder organizations with the resources necessary to conduct the full spectrum of radiological and nuclear detection (i.e., primary screening, secondary screening, and reach back procedures). There are very limited resources at the State and local level for R/N detection, both in terms of total equipment available and the total number of R/N trained personnel. Not funding this contract would force MDDP to stop all CBRN support to Federal, State, Local, Territorial, and Tribal (FSLTT) partners thus creating a capability gap at Steady-State, Enhanced Steady-State, and Radiological/Nuclear Search Operations.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. N/A

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 8 in this document will be cited as

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(s) will be fair and reasonable based on comparison of pricing received under previous acquisitions for the Summit Exercise and Training, LLC., MDDP, which were previously determined to be fair and reasonable.

8. Description of Market Research.

a. Describe the market research techniques utilized, the specific results of the market research, the date when the market research was conducted, and how the market research was used by the contracting officer to determine price reasonableness.

Market Research was conducted from November 2018 through May 2019 and updated in June 2026 as part of the planning for the new MDDP task order. In the original Request for Quote (RFQ), there were only two small businesses, and Summit ET was deemed the only company capable of delivering the work. The Market Research for the current award was used to assess the interim award.

b. Describe the market research results that support the determination that the items are not available. N/A

c. If market research was not conducted, a reason for its absence must be cited here.

N/A

d. If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale. N/A

9. Any other facts supporting the sole source justification.

Task Order Bridge 70RWMD26F00000007 was issued on 02/14/2026 on a sole source basis after the approval of LSJ FY26-0040 for support services for MDDP with a Period of Performance of 02/14/2026 through 08/13/2026; however, unforeseen delays occurred attempting to award a new task order during the recompete process. During this transformation multiple delays were encountered due to unknown realignment issues and practicable funding requirements that were not resolved. The MDDP requirement is now with CBRN OPS and using the new

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 8 in this document will be cited as construct to award through OPO using FEMA funds.

A statement of action, if any, the agency may take to remove or overcome any barriers that led to that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition of the supplies or services is made.

The government intends to competitively procure new MDDP support services. The solicitation is anticipated to be released September 2026.

10. DHS intends to post this requirement on System for Award Management (SAM.gov) pursuant to RFO FAR 8.401(b) and GSAM 538-7104-3(b)(3)(A).

11. Contracting Officer Certification Pursuant to RFO FAR 8.401(b) and GSAM 538-7104-3(a), I’ve determined that the circumstance of this acquisition deems only one source reasonably capable of providing the products, services, or solutions to the best of my knowledge and belief.

William Grimm Date Contracting Officer

12. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Brian Kuleski Date Technical Representative

APPROVAL:

Procuring Activity Advocate for Competition Date