JA FY26-0120 - Michigan (S)_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY26-0120

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 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 with Triple Canopy, Inc. (TC) for Protective Security Officer (PSO) services at various sites throughout the state of Michigan (MI) 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 PSO services on a noncompetitive basis for up to four (4) months from July 1, 2026, through October 31, 2026, to allow time to award a new competitive task order under the Unrestricted FPS AD Multiple Award Contract (MAC) Track #1 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 PSO services throughout the state of Michigan. 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 June 30, 2026. The follow-on procurement has been awarded as of June 22, 2026, with a performance start date of November 01, 2026. 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 part of the Revolutionary FAR Overhaul (RFO), 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.

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 Statute.

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 satisfactorily performing PSO services under Contract

. The contract is set to expire on June 30, 2026. The Government requires additional time to adequately transition the follow-on effort, which requires a 120-day transition period to avoid a detrimental break in services. The Government encountered challenges in securing customers’ funding outside of the contracting office's control. As a result, the Government requires additional time in order to provide a reasonable transition period to avoid a detrimental break in services. This transition period enables the follow-on contractor to obtain all necessary equipment, licenses, training and other certifications and suitability requirements for its employees to begin standing post at the start of performance.

The follow-on requirement under this contract was awarded on June 22, 2026, with performance start date of November 01, 2026. The follow-on task order will have a maximum transition period of 120-days from the date of award to the performance start date.

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, 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, 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 effort is appropriately transitioned. Effective PSO services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. 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 effort with Triple Canopy , Inc. is required to allow placement of a new effort to provide continued services to ensure uninterrupted service, a seamless transition, and to eliminate potential disruption in 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 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

RFO FAR 6.301.

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

The Contracting Officer (CO) has determined the proposed hourly rate for Basic PSO services of 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 153. The price analysis table below shows the comparison of hourly priced rates from different contracts that were competitively awarded for PSO Services, with similar Statement of Work and similar training/certification requirements as they are all for PSO services.

The current hourly rate for PSO services is . The proposed rate for the instant Justification and Approval (J&A) extension period is /hour, reflecting an hourly increase of /hour or . 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. Also, there has been an increase attributed to wage and benefit increases in the collective bargaining agreement (CBA) required during the period of performance. Three out of four of the CBAs have been updated

2 FAR Class Deviation 25-17 for FAR Part 5 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 5 will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-17 for FAR Part 5.

3FAR Class Deviation 26-08, Rev. 1 for FAR Part 15 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 15 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 26-08, Rev. 1 for FAR Part 15.”

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 task order to continue PSO services under Contract until the competitive follow-on task order is fully transitioned to performance start. FPS AD made award on June 22, 2026, with the performance start date of November 01, 2026. It is essential that 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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