JARedacted.pdf

Justification & Approval for Other Than Full and Open Competition

J&A FY26-0021

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(7)

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 the Revolutionary FAR Overhaul (RFO) 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 6.104-1 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, Office of Procurement Operations, Federal Protective Service, Acquisition Division (FPS AD) proposes to extend the ordering period of Contract , with , for Protective Security Officer (PSO) services and Emergency Security Services at various sites throughout the state of Alaska on a basis of other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of action:

The FPS AD intends to procure PSO services on a non-competitive basis for two (2) months, February 1, 2026, through March 31, 2026, to allow adequate time to transition the follow-on task order. 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 Alaska. The current contract is set to expire on January 31, 2026. The follow-on procurement was awarded on December 2, 2025. This follow-on effort will require a transition period of 120 days from the date of award to the performance start date of April 1, 2026. As such, this extension will allow the FPS AD to continue procuring 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.

(c) Contract type:

Firm Fixed Price

(d) Estimated total value. Provide breakdown as shown below:

1 FAR Class Deviation 25-11 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS RFO Deviations therefore are referred as RFO.

Period Unit Price Total

J&A Period 2 mo. $ $ *

The above table includes both Basic, Temporary Additional Services (TAS) and Emergency Security Services (ESS) hours in the total’s column.

(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 obtain protective security officer services pursuant to RFO 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 Alaska covered under this contract.

3. Description of Supplies/Services.

The purpose of this extension is to provide PSO services at locations throughout the state of Alaska. is currently performing under the six (6) month Determination and Findings (D&F) #25-040 in accordance with FAR 6.302-1 under competitively awarded contract 7 . The D&F was approved to extend services on July 30, 2025, for services to commence on August 1, 2025. Services will end under this contract on January 31, 2026. To provide the transition period for the new follow-on task order, FPS AD finds it necessary to request approval for an additional two (2) months of service under the authority for other than full and open competition cited herein. This will extend the ordering period under Contract # from February 1, 2026, through March 31, 2026.

The instant action is requested to allow FPS AD to continue procuring PSO services from under contract # while providing the necessary transition period for the awardee of the competitive follow-on task order. This will ensure uninterrupted security services at federal facilities throughout the state of Alaska between the expiration of the existing contract and the start of the 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. The 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 two (2) months of additional PSO services from February 1, 2026, through March 31, 2026, at an approximate value of $ (Basic Hours, TAS, and ESS).

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 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.

is currently satisfactorily performing PSO services under Contract at various locations throughout the state of Alaska. The contract is set to expire on January 31, 2026. FPS AD awarded a competitive follow-on IDIQ contract on December 2, 2025, under TORFQ . A two-month extension until March 31, 2026, is being requested to continue continuity of PSO services throughout the state of Alaska service area.

The follow-on requirement for this contract has an anticipated performance start date of April 1, 2026. The follow-on contract will have a transition period of 120 days from the date of the 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 vendor 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, 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. Given the reality of terrorist threats, it is in the best interest of DHS and the public to continue to allow the incumbent contractor to provide services until the competitive follow-on task order is appropriately transitioned. Effective PSO services are integral to the FPS mission to respond to protect citizens and federally owned and leased

As shown above, the rates for the extension period are less than rates of other comparable contracts and are competitive to the rates for other PSO services performed within the Federal Protective Service, West Division. 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, is currently paying its PSOs.

In accordance with RFO 15.403-2(b)(3), no certified cost or pricing date 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 Alaska locations, however, they could not do so by February 1, 2026, 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 services continue without interruption for the security of the facilities, its tenants, and visitors, and the fact that the current contractor, , 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 two (2) months under Contract 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 PSO services under Contract until the competitive follow-on is transitioned to start. FPS AD awarded the follow-on requirement on December 2, 2025, which is currently in the transition phase and has an anticipated performance start date of April 1, 2026. It is essential that PSO services continue without interruption for the security of federal facilities throughout the state of Alaska to ensure the safety of government employees, government facilities, and its visitors at these locations.

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