FY26 - 0019 JA MI_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1)

J&A No.: FY26-0019

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-111) and in accordance with the requirements of RFO 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 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 70RFP419DE5000004, with Triple Canopy, Inc. (TC) for Armed Protective Security Officer (PSO) services at various sites throughout the state of Michigan based on other than full and open competition.

2. Nature and/or Description of the Action being Approved. A short paragraph or two describing the effort to be placed on contract, or the modification action. This section should include all the following information:

(a) Nature of Action: FPS AD intends to procure Armed PSO services on a noncompetitive basis for up to six (6) months from, January 1, 2026, through June 30, 2026, to allow time to evaluate quotes and award a new competitive task order under the Unrestricted Track #1 of the FPS Multiple Award Contract (MAC) effort and allow adequate time for the transition. This action will result in a modification to extend the ordering period of the current contract and to allow placement of a task order to continue critical PSO services throughout the state of Michigan. The task orders 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, 2025. The follow-on procurement is currently in the pre-award phase. 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 the award of the competitive follow-on effort and the necessary transition period.

(b) Name and address of the contractor.

Triple Canopy, Inc 13530 Dulles Technology Dr. Ste. 500 Herndon, VA 20171

1 FAR Class Deviation 25-11 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS RFO Deviations therefore are referred as RFO.

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 Armed PSO services from January 1, 2026, through June 30, 2026, at an approximate value of

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 Subpart 6.103-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American

Not Applicable

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

Triple Canopy is currently satisfactorily performing Armed PSO services under Contract 70RFP419DE5000004 at various locations throughout the state of Michigan. The contract is set to expire on December 31, 2025. FPS AD is in the process finalizing evaluations and awarding a competitive follow-on effort. However, due to unexpected delays and circumstances, the Government requires additional time to evaluate quotations and adequately document its award decision prior to issuing the award of the follow-on effort and allow for a 120-day transition period to avoid a break in services. Unexpected and unavoidable delays were attributed to the following circumstance:

An updated Collective Bargaining Agreement (CBA) was negotiated by the incumbent that required incorporation into the TORFQ which delayed the solicitation process to ensure compliance with federal requlations.

The follow-on requirement under this contract is estimated to be awarded on or before March 1, 2026, with an anticipated performance start date on or around July 1, 2026.

The follow-on effort will have a maximum transition period of 120 days from the date of award to the performance start date. This transition period enables the new 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, Triple Canopy 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, an 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 effort 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 70RFP419DE5000004, with TC is required to allow placement of a new competitive task order under the Unrestricted Track #1 of the FPS MAC 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 6.103-1. Therefore, RFO 5.101 notification requirement applies, and FPS AD posted this requirement to SAM.gov on December 5, 2025. FPS AD intends to make this justification publicly available pursuant to RFO 6.301.

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

The current hourly rates for PSO services on the contract are for Michigan during the J&A FY25-036 extension period. The proposed rate for the Justification and Approval (J&A) extension period is . The rate is higher per hour for, approximately , than the current contract rate. The increase in rates is attributed to current market conditions, estimated inflation, increased costs 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 that the proposed hourly rate of for Michigan is fair and reasonable based on comparison of the proposed prices to historical prices paid for the same or similar items in accordance with RFO 15.404-1(b)(2). The price analysis table below shows the comparison of hourly priced rates from different contracts that were competitively awarded for Armed PSO Services, to the current negotiated fixed

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 Armed PSO services under Contract 70RFP419DE5000004 until the competitive follow-on 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 March 1, 2026, with the new award to start by July 1, 2026. It is essential that Armed PSO services continue without interruption for the security of federal facilities throughout the state of Michigan to ensure the safety of government employees, government facilities, and its visitors at these locations.

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