Redacted JA FY26-0151.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

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

J&A No.: FY26-0151

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 FAR 6.104, the justification for the use of the statutory authority under RFO FAR

6.103 is justified by the following facts and rationale required under RFO FAR 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 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 action:

FPS AD intends to procure PSO services on a noncompetitive basis for two (2) months, August 1, 2026, through September 30, 2026. This action will result in a modification to extend the ordering period under the current contract to continue critical PSO services at various locations in Washington, DC. The existing task order issued under this contract vehicle will also be modified for an additional two months of PSO services. The current contract is set to expire on July 31, 2026. The follow-on procurement was awarded on June 1, 2026, with a performance start date of October 1, 2026. Since FPS requires a transition period of 120 days from the date of award to the performance start date, this additional extension will allow for the necessary 120-day transition period under the follow-on effort.

(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

(d) Estimated total value: $1.3M (two (2) months)

70RFP219DEC000012 Period of Performance Hours Rate Total

PSO Services

08/01/2026 – 09/30/2026

1 In this document, citations to RFO FAR Parts 5, 6, 15 are citations specifically to FAR Class Deviation 25-17 for FAR Part 5, FAR Class Deviation 25-11 for FAR Part 6, and FAR Class Deviation 26-08 R1 for FAR Part 15, which were issued as part of the Revolutionary FAR Overhaul (RFO FAR), implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

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.

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.

Currently, KR Contracting, Inc. is performing armed PSO services under contract 70RFP219DEC000012 at various locations in Washington, DC. The contract is set to expire on July 31, 2026. As stated above in section 3, the competitive, follow-on procurement was awarded June 1, 2026, with performance commencing on October 1, 2026. This extension is necessary to ensure uninterrupted security services during the transition period between the expiration of the current contract on July 31, 2026, and the start of full performance by the new vendor on October 1, 2026.

This procurement process has faced multiple unexpected and avoidable delays due to late changes in the Statement of Work, including a new requirement for 100% relief coverage, facility transitions, and shifting program office priorities. Additional complications arose from the potential inclusion and later removal of a new building (DC0454/FERC) from the solicitation. These factors required extensive review and coordination, resulting in an additional need to extend the current contract, which necessitates an extension of the incumbent contract to allow for the required transition period.

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 the required PSOs under the FPS program, another 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