JA FY26-0121 - Final 6.10.26 - Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY26-0121

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 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 PSO services on a non-competitive basis for up to four (4) months from July 01, 2026, through October 31, 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 June 30, 2026. The follow-on procurement is currently in the pre-award phase and will be awarded no later than June 29, 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 In this document, citations to RFO FAR Parts 5, 6, 15 are citations specifically to FAR Class Deviation 25-17 for FAR Part 5, 25-11 for FAR Part 6, and FAR Class Deviation 26-08 R1 for FAR Part 15, which were 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.

(d) Estimated total value (including options).

POP Max. Hrs. Unit Price Total July 01, 2026 – October 31, 2026 63,500 $66.95/hr. $ 4,251,325.00

(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 at 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 June 30, 2026.

The immediate action is to authorize FPS AD to continue procuring PSO services from BTI under Contract 70RFP419DE7000001 while award for the competitive follow-on contract is completed. Additionally, a transition period will be provided to allow the new vendor to conduct training and fulfill all requirements of the new task order prior to PSOs assuming their posts. 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.

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 June 30, 2026. FPS AD is in the process of awarding a competitive follow-on IDIQ contract.

However, due to unexpected delays and circumstances, the pre-award phase of the procurement extended beyond initial projections. Specifically, the Government encountered challenges in securing customers’ funding outside of the contracting office's control. In addition, the Government requires additional time in order to finalize its internal reviews, execute the award, and 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 is in its final stages and is estimated to be awarded on or before June 29, 2026, with performance start date of November 01, 2026. The follow-on contract 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 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 requirement is that “Only one responsible source and no other supplies or services will satisfy agency requirements,” pursuant to RFO FAR 6.103-1. Therefore, the RFO FAR 5.101 notification requirement applies, and FPS AD posted this requirement to SAM.gov on May 19, 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 Armed PSO services of $66.95 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 RFO FAR 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, with similar Statement of Work and similar training/certification requirements as they are all for Armed PSO services.

The current hourly rate for Armed PSO services is $66.64. The proposed rate for the instant Justification and Approval (J&A) extension period is $66.95/hour, reflecting an hourly increase of $0.31/hour or 0.47%. 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.

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

Contractor Contract Number Location Basic Hourly Rate

Difference Percentage Difference

BTI 70RFP419DE7000001 IRS

Campus Austin, TX

$66.95 - -

Allied Universal

70RFP224DEC000001/70RFP426FRE700011 LA $66.99 $0.04 0.06%

TCS Alpha Security

70RFP125DE1000002 MA, RI,

and CT

$68.48 $1.84 2.29% 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 June 30, 2026, timeframe, causing unacceptable delays or potentially jeopardizing the safety of government employees or visitors. 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 Required.

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 and plans to make award no later than June 29, 2026, with performance under the new award to begin on November 01, 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.

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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.

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.

Technical Representative Date

APPROVAL:

Procuring Activity Advocate for Competition Date

ADAM L REYNOSO Digitally signed by ADAM L REYNOSO Date: 2026.06.10 11:40:14 -05'00'

SCOTT C MILNE Digitally signed by SCOTT C MILNE Date: 2026.06.10 13:28:45 -04'00'

VICTORIA D SHORT Digitally signed by VICTORIA D SHORT Date: 2026.06.13 10:45:05 -04'00'