FY26 - 0053 JA for IRS Austin - Final 13FEB26 - REDACTED.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304(a)(7)

J&A No.: FY26-0053

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-11[1]) and in accordance with the requirements of RFO FAR 6.104, the justification for the use of the statutory authority under RFO FAR

6.103 is justified by the following facts and rationale required under RFO FAR 6.104-1 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 70RFP419DE7000001, with Bradley Technologies Incorporated (BTI) for Armed Protective Security Officer (PSO) services at the Internal Revenue Service (IRS) campus located in Austin, Texas on a 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 Armed Protective Security Officers (PSO) services on a non-competitive basis for up to four (4) months from, March 01, 2026, through June 30, 2026, to allow time to finalize the award of a competitive follow-on effort 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 Armed PSO services at the IRS campus. The task order will only be issued under this contract for the necessary length of time required, but not to exceed four

(4) months. The current contract is set to expire on February 28, 2026. The follow-on procurement is currently in the evaluation phase and will be awarded no later than February 27, 2026. This follow-on effort will require a transition period of 120-days from the date of award to the performance start date.

As such, this extension will allow FPS AD to complete the award and provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor.

Bradley Technologies, Inc. 1700 Rockville Pike, Suite 200 Rockville, MD 20852

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

[1] FAR Class Deviation 25-11for FAR Part 6 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 6 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-11 for FAR Part 6.

(d) Estimated total value: Four (4) months - $4,031,720.00

Period of Performance Total Hours Rate Total Amount March 01, 2026 – June 30, 2026 60,500 $66.64 $4,031,720.00

(e) Type of funding: Operations and support funds

(f) Year of funding: Fiscal Year 2026

(g) Solicitation number: Not Applicable

(h) Background Information About the Requirement: FPS AD intends to procure Armed PSO services pursuant to RFO FAR 6.103-1 as only one responsible source and no other sources will satisfy agency requirements for the continuation of Armed PSO services the IRS campus in Austin, TX.

3. Description of Supplies/Services.

The requirement is to provide Armed PSO services at federally owned, leased, or occupied facilities protected by the Federal Protective Service at the IRS campus in Austin, TX. BTI is currently performing under an extension pursuant to RFO FAR 6.103-1. Services will end under this contract on February 28, 2026. To complete the competitive procurement process and provide a 120-day transition period for the new follow-on effort, FPS AD finds it necessary to request approval for up to an additional four (4) months of service under the authority for other than full and open competition cited herein. This will extend the ordering period under contract 70RFP419DE7000001 from March 01, 2026, through June 30, 2026, in the event all four (4) months are needed.

The instant action will allow FPS to continue procuring Armed PSO services from BTI under contract 70RFP419DE7000001, while processing the award of the competitive follow-on contract and providing the necessary time for the transition period. This will ensure uninterrupted security services at federal facilities throughout the IRS campus in Austin, TX between the expiration of the existing contract and the start of full performance by the successful vendor under the follow-on effort.

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 needs, 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 four (4) months of additional Armed PSO services from March 01, 2026, through June 30, 2026, at an approximate value of $4,031,720.00.

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 RFO FAR 6.103-1, “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.

BTI is currently satisfactorily performing Armed PSO services under Contract 70RFP419DE7000001. The contract is set to expire on February 28, 2026. FPS AD is in the process of awarding a competitive (8) follow-on IDIQ contract.

However, due to unexpected delays throughout the solicitation phase of the procurement, the Government requires additional time to evaluate proposals and adequately documents its award decision prior to issuing the follow-on contract award which requires a 120-day transition period.

Unexpected and unavoidable delays occurred as a result of the following circumstances:

This requirement was selected to serve as a pilot for FPS’ new National Statement of Work (NSOW). As a result of the new NSOW requirements, FPS AD received a higher than anticipated number of questions from potential offerors during the solicitation phase of this procurement. As a result, multiple amendments to the solicitation were required to extend the closing date to allow the government adequate time to accurately address vendors’ questions regarding the new requirements, make revisions to the NSOW and other RFP documents and complete required internal reviews. Extensions to the solicitation closing date were also necessary to provide industry with sufficient time to review the government’s responses to the questions, the updated NSOW and RFP requirements and to finalize proposals. All of the above activities added approximately six (6) months to the length of the solicitation phase.

The follow-on requirement under this contract is estimated to be awarded on or before February 27, 2026, with performance start date of July 1, 2026. The follow-on contract will have a maximum transition period of 120-days from the date of award to the performance start date. This transition period enables the follow-on contract 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 Armed PSOs under the FPS program, another Armed 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, BTI, 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 Armed PSO services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. Armed 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 current contract 70RFP419DE7000001 with

BTI 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 Armed 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 acquisition is that “Only one responsible source and no other supplies or services will satisfy agency requirements,” pursuant to RFO FAR6.103-1. Therefore, the FAR 5.101, FAR Class Deviation 25-17 for FAR Part 5[2], notification requirement applies, and FPS AD posted this requirement to SAM.gov on February 09, 2026. FPS AD intends to make this justification publicly available pursuant to RFO FAR 6.301.

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

The current hourly rate for Armed PSO services is $62.82. The proposed rate for the instant Justification and Approval (J&A) extension period is $66.64/hour, reflecting an hourly increase of $3.82/hour or 6%. This increase is attributed to current market conditions, estimated inflation, increased prices for all other direct costs, such as ammunition, fuel, intermediate weapons, and uniforms as well as state guard license renewals and medical examinations required during the period of performance.

The Contracting Officer (CO) has determined the proposed hourly rate for Basic Armed PSO services of $66.64 to be fair and reasonable based on current contract rates and comparison of the proposed prices to historical prices paid for the same or similar items in accordance with FAR 15.404-1(b)(2), FAR Class Deviation 26-08 Rev. 1 for FAR Part 15[3]. The price analysis table below shows the comparison of hourly priced rates from different contracts that were competitively awarded for Armed PSO Services, with similar Statement of Work and similar training/certification requirements as they are all for Armed PSO services.

Note: As the Armed PSO hourly Basic/TAS Rate comprises the preponderance of hours ordered, the basic rate was used for price comparison purposes.

Based on the analysis above, the Armed PSO hourly rate proposed by BTI for the extension period is competitively in line with the current range of prices for similar services and is determined to be fair and reasonable. In accordance with RFO FAR 15.403-2(b)(3), no certified cost or pricing data will be required because the service is commercially available to the public. Only the Armed PSO hourly Basic/TAS rate was evaluated for price comparison purposes as these services comprise the preponderance of the hours that will be ordered.

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 market research, other firms could provide Armed PSO services at the IRS campus in Austin, TX; however, they could not do so by the March 01, 2026, timeframe, causing unacceptable delays or potentially jeopardizing the safety of government employees or visitors. Due to the extensive requirements to obtain all necessary equipment, licenses, Contractor Contract Number Location Basic Hourly Rate

Difference Percentage Difference

BTI 70RFP419DE7000001 IRS Campus Austin, TX

$66.64 - -

TCS Alpha Security

70RFP125DE1000002 MA, RI, and CT $68.48 $1.84 2.76%

Paragon Systems, Inc.

70RFP120DE2000003 Northern NJ $69.42 $2.78 4.06% training, certifications, suitability requirements, licensing, and transition requirements for its employees to be able to begin standing post at the start of performance, another Armed PSO firm cannot immediately replace the existing contractor without a severe and unacceptable degradation in overall security potentially jeopardizing the safety of federal government personnel and its assets.

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 services continue without interruption for the security of the facilities, its tenants, and visitors, and the fact that the current contractor, BTI is performing Satisfactorily, as documented under the Contractor Performance Assessment Report (CPAR), it is in the best interest of the Government to extend the ordering period for up to four (4) months under Contact 70RFP419DE7000001 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

This requirement is for the sole purpose of issuing a modification to continue Armed PSO services under Contract 70RFP419DE7000001 until the competitive follow-on contract is awarded and transitioned to start.

FPS AD is currently processing a follow-on requirement which is taking longer than originally projected due to unanticipated issues and delays. FPS AD plans to make award no later than February 27, 2026, with performance under the new award to begin on July 1, 2026. It is essential that Armed PSO services continue without interruption for the security of federal facilities throughout at the IRS campus in Austin, TX to ensure the safety of government employees, government facilities, and its visitors at these locations.

13. Contracting Officer’s Certification. 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.

Adam L. Reynoso Contracting Officer

Date

14. 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.

Scott Milne Technical Representative

APPROVAL:

Procuring Activity Advocate for Competition or Designee Office of Procurement Operations

Date

ADAM L REYNOSO Digitally signed by ADAM L REYNOSO Date: 2026.02.13 14:20:33 -06'00'

SCOTT C MILNE Digitally signed by SCOTT C MILNE Date: 2026.02.13 15:28:05 -05'00'

DAVID A RITTER

Digitally signed by DAVID A

RITTER

Date: 2026.02.23 23:21:17 -05'00'