Redacted JA FY26-0036.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY26-0036

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), Office of Procurement Operations (OPO), Federal Protective Service (FPS), Acquisition Division (AD) proposes to extend the ordering period of contract 70RFP219DEC000012, with KR Contracting, Inc., for armed Protective Security Officer (PSO) services at various locations in Washington, DC on a basis other than full and open competition.

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

(a) Nature of the action:

FPS AD intends to procure protective security officer services on a noncompetitive basis for up to six (6) months, February 1, 2026, through July 31, 2026, to allow time to award the competitive follow-on contract and provide adequate time for transition. This action will result in a modification to extend the ordering period under the current contract to allow placement of a task order to continue critical armed PSO services at various locations in Washington, DC. The task order will only be issued under this contract for the necessary length of time required, but not to exceed six (6) months. The current contract is set to expire on January 31, 2026. The follow-on procurement is currently in the pre-solicitation/solicitation phase with the Request for Proposals anticipated to be issued in February 2026. This follow-on effort will also require a transition period of at least 120 days from the date of award to the performance start date. As such, this extension will allow time to complete the award and provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor:

KR Contracting, Inc.

7921 Jones Branch Drive, Suite 400 McLean, Virginia 22102

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

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.

The instant action is requested to allow FPS AD to continue procuring armed PSO services from KR Contracting, Inc. under contract 70RFP219DEC000012 to enable FPS to award of the competitive follow-on contract and the necessary transition period. This will ensure uninterrupted security services at various locations in the Washington, DC area 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 while the award is being solicited, evaluated, and awarded as well as during the entire transition period for the new vendor to train and meet all requirements of the contract prior to the security personnel 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 takes into account the government’s need for continuity of operations and potential costs of disrupting operations. The period of performance for this extension is for up to six (6) months of additional armed PSO services from February 1, 2026, through July 31, 2026, at an approximate value of $3.8M.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition 41 U.S.C. 3304(a)(1) implemented by the RFO FAR 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.

KR Contracting, Inc. is currently performing armed PSO services under contract 70RFP219DEC000012 at various locations in Washington, DC. The contract is set to expire on January 31, 2025. FPS AD is in the process of awarding a competitive follow-on contract. However, due to unexpected delays, throughout the pre-solicitation process, the government requires additional time to complete the procurement prior to issuing the award of the follow-on contract, which requires a minimum of a 120-day transition period.

Many unexpected and unavoidable delays have impacted this procurement process. A new Building #DC0454 (Department of Energy – Federal Energy Regulatory Commission (FERC)) will be added to the recompete. DC0454 is in close geographic proximity to the facilities under 70RFP219DEC000012 and adding it to the recompete will generate efficiencies for FPS and the vendor. These requirements for this new building were finalized in late November 2025 with FPS program office which included all applicable information/documentation needed in order to finalize all internal documentation for approvals and solicit. Therefore, the circumstances listed above necessitates an extension of the incumbent contract to allow for the solicitation, evaluation, and award of the follow-on contract and the required transition period.

The follow-on requirement under this contract is estimated to be awarded on or before April 30, 2026, with an anticipated performance start date on or before August 1, 2026. The follow-on contract will have a transition period with a minimum of approximately 120 days from the date of award to the performance start date to comply with the new Statement of Work requirements and to transition the new building DC0454 FERC. This transition period enables the follow-on contractor to obtain all necessary equipment, licenses, training, and other certification/suitability requirements for its employees to be able to begin standing post at the start of performance. Due to extensive screening, training, health, licensing, and transition requirements for required for armed PSOs under the FPS program, another armed PSO firm cannot immediately replace the existing contractor without a significant and severe drop in overall security jeopardizing federal government personnel, visitors, and assets. Accordingly, it is also not feasible for any portion of the work to be segregated to allow for competition. The incumbent contractor, KR Contracting, Inc., 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 and 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 thereon. 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 ordering period under contract 70RFP219DEC000012 with KR Contracting, Inc. is required to allow extending the current task order 70RFP225FREC00056 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 acquisition is that “only one responsible source and no other supplies or services will satisfy agency requirements,” pursuant to RFO 6.103-1. Therefore, RFO 5.301 notification requirement applies, and FPS AD posted this requirement on SAM.gov on 01/13/2026. FPS AD intends to make this justification publicly available pursuant to RFO 6.301.

8. 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 rates will be fair and reasonable based on comparison of the proposed prices to historical prices paid for the same or similar items in accordance with RFO 15.404-1(b)(2). KR Contracting, Inc. submitted a price increase for the six (6)

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 70RFP219DEC000012 until the competitive follow-on contract is awarded and transitioned to start. FPS AD plans to make award no later than April 30, 2026, with the new award to start by August 1, 2026. The current task order 70RFP225FREC00056 will be extended for the performance under this contract for the necessary length of time required, but not to exceed six (6) months. It is essential that armed PSO services continue without interruption for the security of several locations in the Washington, DC area to ensure the safety of government employees, government facilities, and its visitors at these locations.

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