P00135 - JA for Uniforms II (01C20D0004)_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

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

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 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 (DHS), U.S. Customs and Border Protection (CBP), Office of Acquisition (OA)/Procurement Directorate proposes to modify Contract 70B01C20D00000004 to extend the term by 12 months and to increase the maximum amount of supplies/services that may be ordered over the life of the contract (through January 31, 2028) from $800 million to $900 million using other than full and open competition.

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

(a) Nature of action: DHS intends to procure on a sole source basis its interim requirements for

Uniforms and Support Functions (Quartermaster and Academy Trainee Uniforms) until DHS can transition to a new competitively awarded contract.

(b) The name and address of the contractor:

Workwear Outfitters LLC 545 Marriott Drive Nashville, TN 37214

UEI: SQLVDBFQ4SD8

(c) Contract type: Indefinite Delivery, Indefinite Quantity (IDIQ) with Firm Fixed-Price and Firm

Fixed Unit Price orders.

(d) Estimated total value (including options): The increase in IDIQ contract ceiling will be $100 Million to cover requirements for the 12-month extension, necessitating a ceiling increase from $800 Million to $900 Million. Funding will be obligated at the delivery order level.

(e) Type of funding: No funding will be obligated to the IDIQ contract through this action;

however, delivery orders will be funded with Operations and Support funds (O&S).

(f) Year of funding: No funding will be obligated to the IDIQ contract through this action;

however, delivery orders will be funded with Fiscal Year 2027/2028 funding.

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.

(g) Solicitation number. The to-be extended contract was originally solicited under 70B01C19R00000003. This extension is necessary to complete the follow-on award, which is currently solicited under 70B01C26R00000004.

(h) Background information about the requirement.

DHS’s current uniform contract expires January 31, 2027, and no new delivery orders may be placed after that date. CBP, as the executive agent, has been working to develop a new DHS-wide uniform contract (“Uniforms III”).

Currently, a solicitation (70B01C26R00000004) has been issued to award the new contract. The new uniforms contract will support CBP, U.S. Immigration and Customs Enforcement (ICE), Federal Protective Service (FPS), Transportation Security Administration (TSA), U.S. Secret Service (USSS), Federal Emergency Management Agency (FEMA), the Federal Law Enforcement Training Center (FLETC), the Food and Drug Administration (FDA) and U.S.

Coast Guard (USCG).

The contract’s ceiling was previously increased due to several changes that occurred since contract award. Specifically, the implementation of the United States, Mexico, Canada Agreement (USMCA) increased the cost of uniform items for TSA (and TSA Federal Air Marshall Service) by upwards of 90% due to the requirement for domestic sourcing (a $25M a year increase). Additionally, both CBP and TSA increased the allowance of all their agents and officers. For CBP, the increase was more than 37% (most CBP law enforcement personnel had their allowance increased from $800 to $1,100, or a total increase of $15M per year since 2022).

In the case of TSA, the allowance amount was increased by 42% from $420 per agent to $600 per agent. Additionally, CBP is increasing (per One Big Beautiful Bill Act) the number of Border Patrol agents by 3,000, and the number of Customs and Border Protection Officers by 5,000. In addition, CBP is facing significant numbers of Law Enforcement Officers who are or will be retirement eligible, which has resulted in increased attrition. As a result, for FY 2026 alone, CBP will increase students at the academy from the annual average of 4,250 to approximately 7,700.

This increase will drive expenditures up even further (for FY 2026 alone, a $7M increase is anticipated).

This 12-month extension and accompanying ceiling increase will maintain uninterrupted support for mission requirements while the Department evaluates potential strategies to increase domestic sourcing opportunities. This extension is necessary to meet established ordering and production timelines, ensure inventory availability, and prevent disruptions to operations. Specifically, a 12-month extension will permit sufficient time to award a contract, approve first articles for 1,600 new items, and allow for manufacturing of the items to build up the inventory required to support the contract.

3. Description of Supplies/Services.

The primary purpose of this contract is to provide the required uniforms for the various uniformed DHS components currently covered under the existing DHS Strategic Sourcing Uniform Contract until the next DHS Strategic Sourcing Uniform Contract is awarded and there has been sufficient time to transition to the new contract.

The current DHS contract has over 1,900 different clothing items. This includes the basic embellished uniform for all components, as well as boots, hats, gloves and belts. These items are critical to the identification of the Agents/Officers as members of law enforcement.

In addition, the current contract provides both academy uniform items and quartermaster functions that allow new recruits to train in the same items that they will wear on duty. The contract also provides uniform clothing that can be used in case of disaster or hardship situations. For example, as hurricane season approaches in the United States, DHS (including FEMA, USCG and CBP) are called upon to respond and provide disaster assistance.

These disasters require ready availability of the uniform contract to meet the emergent uniform needs of both the employees of the agencies designated to respond, and the volunteer responders of the DHS Surge Capacity Force. In responding to these situations, uniforms are often contaminated or otherwise damaged and rendered unusable. Without replacement uniforms, DHS employees will be unable to discharge their duties protecting our nation’s borders, safeguarding the homeland, protecting against terrorism, and enforcing lawful international trade.

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), as implemented by 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.

An exception to the Buy American Statute is not being relied upon for this requirement. The contract includes FAR Clause 52.225-5, Trade Agreements. In addition, the contract will continue to comply with the requirements of 6 U.S.C. § 453b (commonly referred to as the Kissell Amendment).

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The contractor provides all uniforms for the entire Department, and a new competitive contract (Uniforms III) is already being solicited. To change to a new vendor at this juncture will take months and requires competition. There is no other solution than to extend the contract and to increase the overall ceiling value of the contract, which would allow for the acquisition of items specific to each component within DHS and the FDA.

This extension and ceiling increase were necessitated by the consideration of evaluating potential strategies to increase domestic sourcing opportunities during Phase 2 of the current solicitation for the new DHS Uniform III contract. In addition, the ceiling needed to be raised due to changes in requirements, as both CBP and TSA exponentially increased the allowance of all their agents and officers, as well as an increase in pricing due to the implementation of the USMCA, the pending OPM direct final rule, the substantial increase in the number of CBP law enforcement personnel, and this 12-month extension. None of this could have been reasonably foreseen.

As the Department evaluates potential strategies, ensuring inventory availability is very critical. The contract requires the vendor to keep enough inventory on hand to ship orders within 7 calendar days.

This is necessary to maintain operational readiness. The vendor typically carries a minimum of $50M in inventory to support the contract.

Uniform items are ordered from manufacturers/suppliers during a specific period, usually in May and June. It takes about 6–7 months for these items to arrive after the order is placed. The 6-7 months’ timeframe includes 4-6 months for manufacturing and 1-2 months for delivery to the distribution facility.

If the government misses the ordering window, the DHS Uniforms II Prime Contractor will not be able to order uniform items timely to ensure their normal spot in line and will instead be competing with other companies that place orders with common sub-vendors. This would delay Department orders by 6 months or more, meaning uniforms may not be available until July 2027.

In addition, the vendor is responsible for managing the uniform allowances and providing an ordering website for employees to place orders. Thus, it is necessary to ensure the contract is extended to cover the uniform ordering period for CBP and TSA.

CBP is onboarding approximately 8,000 new officers and agents this year. The vendor is responsible for measuring the students, performing quartermaster service to include measuring, alterations, initial issuance, and returns and exchanges. The uniforms and associated services will be needed at the academy without disruption.

Delays will make it difficult or nearly impossible for CBP employees to replace unserviceable uniform items, especially primary uniform shirts and pants, which typically last employees 6–12 months. The current ordering period for CBP closes at the end of August and reopens in January 2027. If uniform items are not available until July 2027, that will likely result in at least an 11-month delay in replacing unserviceable uniform items.

TSA employees are likely to face similar challenges. Annual uniform issuance could be impacted as those uniform items would not be readily available for a bulk purchase prior to the current January 31, 2027, contract expiration date, resulting in delayed shipments.

Workwear Outfitters LLC is uniquely positioned to meet DHS’s interim uniform requirements, including the management of the online ordering catalog and individual employee allowance accounts, until the Department can successfully transition to the new competitively awarded Uniforms III contract. Specifically, they are the only source that can provide the items that are approved (through First Article or other testing).

Workwear Outfitters LLC would not be required to go through additional First Article testing for any items and more importantly, would not have to lay in the inventory necessary to meet requirements in the time required either for allowance accounts or bulk orders. Stockpiling inventory for the number of items currently required by DHS alone would likely take six (6) months following First Article approval. Workwear Outfitters LLC is also extremely familiar with current laws pertaining to providing uniform items to DHS. They are extremely well versed in Kissell compliance and the reporting necessary to meet the Homeland Procurement Reform Act (HOPR). Any new vendor would have to demonstrate compliance with these two laws, and this would also be a limiting factor in terms of current requirements. As stated above, DHS is actively working on a competitive procurement for this requirement, to go into effect upon expiration of the current contract. This modification will extend the contract term by 12 months and increase the current contract ceiling while DHS conducts that competitive procurement.

DHS has considered alternatives such as buffering (stockpiling) critical items, but this is not permissible due to appropriation considerations and lack of being able to define with any level of specificity the items that would actually be required. If other suppliers were considered, the time necessary to have items competed would not be feasible given the aforementioned testing issues.

One of the primary missions of DHS is to secure our Nation’s borders between the ports of entry while still maintaining trade. This is accomplished by preventing terrorists and their weapons from entering the United States, managing risk, disrupting and degrading criminal organizations, expanding situational awareness at the border, and increasing community engagement. These objectives are primarily the work of uniformed Border Patrol, CBP and ICE agents/officers. Without the ability to issue properly fitted uniforms, DHS components may not deploy officers and agents to the borders and ports of entry as recognizable law enforcement personnel. Furthermore, officers are trained to understand the functionality of the uniform and its accessories and how it impacts the performance of their day-to-day duties. For example, officers are trained to pull their weapons in a specific manner which is dependent on the uniform’s fit. This contract extension and increase will ensure new agents and officers have properly fitted uniforms and therefore can assume their assigned mission-critical work without weakening our national security.

TSA is the second largest component in DHS, employing airport screeners, baggage screeners, canine officers and Federal Air Marshals. The Aviation and Transportation Security Act requires that any individual who screens passengers and property pursuant to section 44901 be attired in a uniform approved by the Under Secretary. Without proper uniforms, it is likely that there would be insufficient staffing at airports and that would impact airport security wait times and airline functionality and scheduling.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

An announcement of this action will be published on SAM.gov A competitive action was also published on SAM.gov and is currently underway (Solicitation 70B01C26R00000004). All interested sources were provided with a copy of the current solicitation.

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

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on the current pricing history. The current contract was awarded through full and open competition and any resultant pricing for the proposed extension will be based on that competitive pricing. Further, CBP has current proposed pricing from the ongoing solicitation, which CBP can use to check pricing for the proposed extension to ensure it aligns with current market conditions.

9. Description of Market Research.

Comprehensive market research was conducted in March 2025 in preparation for the competitive follow-on solicitation for these services/supplies. This market research thoroughly assessed the industry landscape, identified potential sources, and informed the requirements for the upcoming competition. Given the stable nature of this industry and the short timeframe since the last comprehensive review, the findings of the March 2025 market research remain current and relevant. Therefore, this prior market research is deemed sufficient to satisfy the requirements of RFO Part 10 and RFO 6.104-1(a)(8) for this Justification and Approval, as it accurately reflects the current market conditions and the availability of sources for the extended period.

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

Security clearances are required of contractor personnel who have access to these uniforms.

Background investigations typically take several weeks. It is imperative that adequate time to complete all necessary background investigations is allowed. This adjudication process further supports modifying the current contract as Workwear Outfitters LLC has cleared staff to meet all uniform requirements.

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

While sources have not specifically requested interest in this extension, there is sufficient interest in the ongoing solicitation that indicates the Government should receive offers to ensure competition.

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.

DHS has already released a competitive solicitation for the long-term requirement. The new solicitation is an unrestricted procurement and adequate competition is anticipated.

Note: Certifications to this J&A are on the following page.

13. 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.

Director, Uniforms Management Center U.S. Customs and Border Protection

14. 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 Facilities and Administration Branch

APPROVAL:

Industry Partnership and Outreach Program

(a) Assistant Commissioner, Office of Acquisition Head of the Contracting Activity

DHS Chief Procurement Officer