FY26 - 0052 JA MNWI 2-17-26 Final (S) - OPO DXD 2-23-2026_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY26-0052

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 70RFP420DE5000002, with Triple Canopy, Inc. (TC) for Armed Protective Security Officer services at various sites throughout the state of Minnesota/Wisconsin based on 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 Officer services on a noncompetitive basis for up to five (5) months from, March 1, 2026, through July 31, 2026, to allow time to issue the solicitation, answer any questions posed by vendors, receive quotes, finalize evaluating quotes, and award a new competitive task order under the Unrestricted Track #1 of the FPS AD 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 to allow placement of a task order to continue critical Armed Protective Officer services throughout the states of Minnesota and Wisconsin. The task order will only be issued under this contract for the necessary length of time required, but not to exceed five (5) months. The current contract is set to expire on February 28, 2026. The follow-on procurement is currently in the pre-solicitation phase. 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 and provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor.

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

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

[1] FAR Class Deviation 25-11 for FAR Part 6 was issued as a 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 (including options). Five months - as shown below:

Period of Performance

Description CLIN Rate Hours Amount

March 1, 2026 - July 31, Armed Protective Security Officer Service

Minnesota

Armed Protective Security Officer Service

Wisconsin

Emergency Security Service (ESS) 7003

Total

(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 Protective Security Officer 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 Protective Security Officer services at facilities throughout the states of Minnesota and Wisconsin.

3. Description of Supplies/Services.

The requirement is to provide Armed Protective Security Officer services at federally owned, leased, or occupied facilities protected by the Federal Protective Service throughout the states of Minnesota and Wisconsin. TC 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 five (5) months of service under the authority for other than full and open competition cited herein. This will extend the ordering period under contract 70RFP420DE5000002 from March 1, 2026, through July 31, 2026, in the event all five (5) months are needed.

The instant action will allow FPS to continue procuring Armed Protective Security Officer services from TC under contract 70RFP420DE5000002, while processing the award of the competitive follow-on task order and providing the necessary time for the transition period.

This will ensure uninterrupted security services at federal facilities throughout the states of

Minnesota and Wisconsin 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 need, price, and other factors considered. This contract extension also considers 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 five (5) months of additional Armed Protective Security Officer services from March 1, 2026, through July 31, 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 FAR 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.

TC is currently performing satisfactorily Armed Protective Security Officer services under contract 70RFP420DE5000002. FPS AD is in the process of awarding a competitive follow-on effort.

However, due to unexpected delays and circumstances throughout the acquisition planning and pre-solicitation phases of the procurement, the Government requires additional time to issue the solicitation, answer any questions posed by vendors, receive quotes, evaluate quotes, and adequately document its award decision prior to issuing the award of the follow-on task order which requires a 120-day transition period.

Unexpected and unavoidable delays were attributed to the following circumstances:

There were multiple changes in the requirement that caused the program office to revise documents to be updated for incorporation into the TORFQ. These changes included the revision of the Statement of Work (SOW) Exhibit 10, SOW Exhibit 11 and the Post Exhibit.

There were additional changes made to the aforementioned documents during the prior extension. Also, a current Master Certification List and Seniority List were requested to be attached to the TORFQ before being solicited to assist vendors with their pricing on the Minnesota and Wisconsin recompete. The receipt of the above document revisions were delayed for several months which prevented the solicitation from being completed in a timely manner. As of today, the solicitation is currently in FPS AD's internal review process.

The follow-on requirement under this contract is estimated to be awarded on or before March 31, 2026, with a performance start date on or around August 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 Armed Protective Security Officer’s under the FPS program, another Armed Protective Security Officer 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, TC, 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. Armed Protective Security Officer services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. Armed Protective Security Officer 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 70RFP420DE5000002, 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 Protective Security Officer 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 FAR 6.103-1. Therefore, 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 12, 2026. FPS AD intends to make this justification publicly available pursuant to

TC 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. Armed Protective Security Officer hourly Basic/TAS and rates were 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 Protective Security Officer services in the state of Minnesota and Wisconsin, however, they could not do so by March 1, 2026, causing unacceptable delays or potentially jeopardizing the safety of government employees or visitors. Due to the extensive requirements to obtain all necessary equipment, licenses, 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 Protective Security Officer 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, Triple Canopy 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 five (5) months under Contact 70RFP420DE5000002 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 Required.

This requirement is for the sole purpose of issuing a modification to continue Armed Protective Security Officer services under Contract 70RFP420DE5000002 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 31, 2026, with the new award to start by August 1, 2026. It is essential that Armed Protective Security Officer services continue without interruption for the security of federal facilities throughout the state of Minnesota and Wisconsin to ensure the safety of government employees, government facilities, and its visitors at these locations.

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