JA FY25-00142 70RFPW19DW8000001 CO - Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1)) J&A No.: FY25-00142

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 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 70RFPW19DW8000001, with Triple Canopy, Inc., for Armed Protective Security Officer (PSO) services and Emergency Security Services (ESS) at various sites throughout the State of Colorado 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 protective security officer services on a noncompetitive basis for four (4) months, July 1, 2025, through October 31, 2025, to allow time to finalize award of the competitive follow-on task order and provide adequate time for a 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 Colorado. The current contract is set to expire on June 30, 2025. The follow-on procurement is currently in the pre-award phase and is estimated to be awarded on or around June 30, 2025. 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 continue procuring Armed PSO services from the incumbent vendor in order to 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, Virginia 20171-4642

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

(d) Estimated total value: (four (4) months)

Service Type Period of Performance Hours Rate Total Value PSO Services – Basic/Temporary

7/1/2025 – 10/31/2025 160,000

Additional Services

(TAS)

PSO Services – Emergency Security Services (ESS)

7/1/2025 – 10/31/2025 500

Total Value 160,500

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2025 and 2026

(g) Solicitation number: 70RFPW24QW8000009

(h) Background information about the requirement: FPS AD intends to obtain protective security officer services pursuant to FAR 6.302-1 as only one responsible source and no other sources will satisfy agency requirements for the continuation of PSO services at facilities throughout the State of Colorado covered under this contract.

3. Description of Supplies/Services.

The purpose of this extension is to provide armed PSO services at locations throughout the State of Colorado. Triple Canopy, Inc. is currently performing under the six (6) month J&A FY25-032 in accordance with FAR 6.302-1 under competitively awarded contract 70RFPW19DW8000001.

The J&A was approved to extend services on December 19, 2024 for services to commence on January 1, 2025. Services will end under this contract on June 30, 2025. To provide the transition period for the new follow-on task order, FPS AD finds it necessary to request approval for an additional four (4) months of service under the authority for other than full and open competition cited herein. This will extend the ordering period under Contract 70RFPW19DW8000001 from July 1, 2025 through October 31, 2025.

The instant action is requested to allow FPS AD to continue procuring PSO services from Triple Canopy, Inc. under contract 70RFPW19DW8000001 while providing the necessary transition period for the awardee of the follow on task order. This will ensure uninterrupted security services at federal facilities throughout the State of Colorado between the expiration of the existing contract and the start of full performance by the successful vendor under the follow-on effort. The proposed sole source extension will ensure services are provided that will cover the 120-day transition for the new vendor to train and meet all requirements of the task order prior to PSOs standing post. The requirement fulfills an existing Government need, and the extension of the existing contract is the most advantageous 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 four (4) months of additional PSO services from July 1, 2025, through October 31, 2025, 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 FAR 6.302-1, 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.

Triple Canopy, Inc. is currently satisfactorily performing Armed PSO services under Contract 70RFPW19DW8000001 at various locations throughout the State of Colorado. The contract is set to expire on June 30, 2025. FPS AD is in the process of awarding a competitive follow-on task order, which was solicited under the Track #1 of the PSO Services Multiple Award Contract (MAC) under Task Order Request for Quotation (TORFQ) 70RFPW24QW8000009.

Due to unexpected delays and circumstances beyond the control of the contracting officer, the Government requires additional time to provide the 120-day transition period for the awardee of circumstances listed above necessitate an extension of the incumbent contract to allow for the required transition period.

The follow-on task order will have a transition period of 120-day, mandated by the program office, from the date of award to the performance start date. This transition period enables the follow-on 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 Inc., is familiar with the instant requirement and facility locations, 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 continuous coverage and that 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 Directives 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 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 contract 70RFPW19DW8000001 with Triple Canopy Inc. is required to allow placement of a new task order 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 requirement is that “only one responsible source and no other supplies or services will satisfy agency requirements,” pursuant to FAR 6.302-1. Therefore, no exception to the FAR 5.2 notification requirement applies, and FPS AD posted this requirement to SAM.gov May 13, 2025, pursuant to FAR 5.201(b)(1)(ii). FPS AD intends to make this justification publicly available pursuant to FAR 6.305.

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

The contractor confirmed on t the rate will remain at nd on 2025, that the ESS rate will r long as the extension d exceed four (4) months. The Contracting Officer has determined that the proposed hourly rates of Basic PSO services and for ESS are fair and reasonable based on comparison of the current prices to historical prices paid for the same or similar items in accordance with FAR 15.404-1(b)(2)(ii). The price analysis table below shows the comparison of the hourly priced rates from different contracts that were competitively awarded for PSO Armed Guard Services for the FPS West Zone to the prices established for the J&A period. All contracts have similar Statements of Work and similar training/ certification requirements as they are all for Armed PSO services.

Market Research – FPS Contract Current Rate Comparison Contractor Contract

Number Location Basic PSO

Hourly Rate

Difference from Proposed Extension Rate of

PSO

Emergency Security Service

(ESS)

Hourly Rate

Difference from Proposed Extension Rate of

70RFPW25

FRWA00005

(POP:

04/01/2025 03/31/2026)

Eastern Washington and Idaho

(E.WA/ID)

70RFPW22

DW9000002

(POP:

10/01/2024- 09/30/2025)

Los Angeles

70RFPW19

D8000001

(POP:

01/01/2025 - 06/30/2025)

State of Colorado

As shown above, the rates for the extension period are competitive to the rates for other armed PSO services performed within the Federal Protective Service. As Collective Bargaining Agreements (CBAs) are in place under this contract, any other contractor would be required to pay PSOs the same wages and fringe benefits as the current contractor, Triple Canopy Inc., is currently paying its PSOs.

In accordance with FAR 15.403-1(b)(3), no certified cost or pricing data will be required because the service is commercially available to the general public.

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 our market research, other firms could provide PSO services in the State of Colorado locations, however they could not do so by July 1, 2025, causing unacceptable delays and 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 service continue without interruption for the security of the facilities, its tenants, its visitors, and the fact that Triple Canopy Inc. is performing satisfactorily as documented under the Contractor Performance Assessment Report (CPAR), it is in the best interest of the Government to extend contract 70RFPW19DW8000001 for four (4) months 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 July 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 PSO services under Contract 70RFPW19DW8000001 until the competitive follow-on task order is transitioned to start. FPS AD plans to make award on or around June 30, 2025, with performance under the new award to start on November 1, 2025. The task order will be issued under this contract for four (4) months. It is essential that services continue without interruption for the security of federal facilities throughout the State of Colorado to include government personnel and visitors at these locations.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is knowledge and belief.

Contracting Officer

14. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, Technical Representative

Procuring Activity Advocate for Competition or Designee Office of Procurement Operations