J A Over SAT V4 PPMSS Bridge 01C21F0520 P00032 FINAL Redacted.pdf

Attachment 1 U.S. Customs and Border Protection

Justification and Approval for Other Than Full and Open Competition for contracts above the Simplified Acquisition Threshold (SAT)

Version 4.0 April 2024

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

Department of Homeland Security/U.S. Customs and Border Protection (CBP), Office of Facilities & Asset Management (OFAM), Operational Support Facilities Directorate (OSF), Border Patrol and Air & Marine (BPAM) program management office (PMO) proposes to enter into a contract on a basis other than full and open competition.

2. Nature and/or description of the action being approved.

(a) CBP intends to procure Program, Project and Mission Support Services (PPMSS) on a sole-source basis until CBP can transition to a new, competitively awarded contract for these services.

(b) List the name and address of the proposed contractor(s):

Federal Missions Solutions, LLC 58 W Main St Ste B Luray, VA 22835-1231

(c) Contract type: Firm Fixed-Price contract.

3. Description of Supplies/Services.

The requirement, PPMSS, is to provide professional support to CBP’s OSF offices nationwide to conduct a full spectrum of program and project management support necessary to plan, evaluate, construct, sustain, maintain, and dispose of Program Management Office (PMO) projects and real property for Border Patrol and Air & Marine (BPAM).

Estimated total value (including options):

PPMSS

Period Total Base Period 3 Days

(Feb 1-3, 2026)

Base Period Total

Note: The current task order, which was issued under OASIS (70B01C21F00000520), has a period of performance that ends on 31 January 2026.

Justification and Approval for Other Than Full and Open Competition

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 Revolutionary Federal Acquisition Regulation (FAR) Overhaul Section 6.103-1 (Class Deviation Number 25-11) entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”. The interim contract will have a 3-day period of performance.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

On May 22, 2025, CBP issued a new solicitation under GSA’s OASIS+ IDIQ master contract, which was protested by SD Solutions on November 13, 2025. To provide interim services while taking corrective action after the most recent protest at the GAO level, receive an approved S1 Memo for the necessary extension, and transition to the new award contract, it is necessary to award a bridge contract to the incumbent FMS.

Pursuant to this J&A, CBP intends to award a short bridge contract with the incumbent contractor FMS, to allow for taking corrective action after the most recent protest, receiving an approved S1 Memo for the necessary extension, and transition to the new award contract of the PPMSS requirement. At this point in time, the only source that can provide the PPMSS services is the incumbent, FMS. FMS is responsible for performing these services currently. Thus, FMS would not need to onboard new employees or need a transition period to perform this requirement. In order to continue to meet the needs of CBP BPAM, a bridge contract of approximately three (3) days, is needed to prevent unacceptable delays in fulfilling the agency’s requirements for these critical services. Funds are currently available to support the bridge contract.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

FMS is uniquely positioned to meet CBP’s interim PPMSS requirements until CBP can successfully transition to the new competitively awarded contract. A notice will be publicized at www.SAM.gov, as required by FAR 5.203, and the contracting officer will review all potential sources for consideration.

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

The contracting officer has determined that the proposed pricing is fair and reasonable based on market research and acquisition history. (FAR Subpart 15.404 (Class Deviation Number 26-08)).

8. Description of Market Research.

This is a sole source acquisition. Market research indicates that other companies may be able to perform the PPMSS contract after the requirement has been re-competed, but CBP’s need for a company to maintain the PPMSS requirement in the short term can only be satisfied by the incumbent, FMS. This acquisition is following a protest of award.

Justification and Approval for Other Than Full and Open Competition

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

Awarding this short-term bridge contract to FMS ensures the continuity of services during the ongoing competition and after the protest because current FMS staff already have the necessary Background Investigation (BI) clearances. Clearances are required of contractor personnel who perform the PPMSS services. At best, the final BI for personnel typically takes several weeks to several months to clear.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

Multiple companies submitted quotes on the new solicitation. However, due to the most recent protest and required S1 Memo approval, the incumbent, FMS, is the only vendor that has cleared personnel who can support this interim requirement immediately without a lapse in services.

11. 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.

Although CBP released a new competitive solicitation for the long-term requirement, the anticipated timeline for award of this requirement will push into April of this year, due to the corrective action that CBP is taking based on the most recent GAO protest. The current task order is set to expire on January 31, 2026. With a minimum of three (3) days required to have a new vendor completely ready to assume responsibility for this requirement, CBP needs a three (3)-day extension of the existing award to ensure there is no gap in PPMSS services.