Redacted JA_Redacted.pdf

Attachment 3 U.S. Customs and Border Protection

Justification and Approval (J&A) for Commercial Products and Services Acquisitions Using RFO 12.201-1 � RFO

12.102

March 2026

Date: August 21, 2026 PR Number: 20152171

JUSTIFICATION AND APPROVAL FOR OTHER

THAN FULL AND OPEN COMPETITION

Simplified Procedures for Commercial Products and Services 41 U.S.C. 1901

1. Agency and Contracting Activity.

The U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Office of Acquisition (OA), proposes to extend the term of the existing Professional Technical and Operational Support Services (PTOSS) contract by eight (8) months and increase the total contract value on a basis other than full and open competition in accordance with Revolutionary Federal Acquisition Regulation Overhaul (RFO) 6.103-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirement; 41 U.S.C. § 3304(a)(1)); and applicable CBP acquisition policy.

2. Nature and/or description of the action being approved.

DHS, CBP intends to issue a noncompetitive extension modification to Eagle Harbor, LLC, the incumbent contractor, which was previously awarded this requirement under a direct award as an eligible Alaska Native Corporation (ANC) under the Small Business Administration�s (SBA) 8(a) Business development program, for continued performance of the existing PTOSS requirement through contract number 70B01C23C00000088. The action will extend the current period of performance for eight (8) months, from September 1, 2026, through April 30, 2027. This extension will increase the total contract from $23,391,477.54 by Full obligation breakdown is illustrated below.

Modification Number

Description Funding

Base Year Award $7,605,541.68

Mod P00001 Change COR NA

Mod P00002 Exercise Option Year 1 $7,824,771.60

Mod P00003 Exercise Option Year 2 $8,050,483.20

Mod P00004 Deobligate Funding -$177,648.02

Mod P00005 Adjust Labor Categories $88,329.08

Current Aggregate Total $23,391,477.54

Justification and Approval (J&A) for Commercial Products and Services Acquisitions expenditure tracking; communications support; administrative support; data management support; facilitation support; operations support; facility operations support; reporting, performance metrics, and analytical support; real property management and accountability support; and project management support.

These services support the Government's management of facilities, real property, budgets, logistics, investment planning, and ongoing projects. Continuous performance is necessary to protect operational continuity, preserve institutional knowledge concerning active work, and prevent degradation of support to CBP mission organizations.

The contractor�s support is delivered by a dedicated team of 33 Full-Time Equivalents (FTEs), comprising specialized roles essential for the comprehensive management of these facilities and projects. The continuity and specialized expertise provided by these FTEs are critical for safeguarding ongoing facility management operations, retaining vital project knowledge, and ensuring uninterrupted support to CBP mission organizations.

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 6.103-1, Only one responsible source and no other supplies or services will satisfy agency requirements. CBP requires continued PTOSS support. Full and open competition is not practicable because only the contractor possesses the specialized knowledge, technical expertise, and established operational integration necessary to provide the required Program Management support for CBP�s mission-critical facilities, real property, and program management support described in Section 3.

Specifically, Eagle Harbor�s unique advantage lies in their deeply embedded, long-standing institutional knowledge of CBP�s proprietary systems and established operational workflows, coupled with their cleared personnel, which are not readily transferable to another source without incurring unacceptable risks and delays. The Contracting Officer shall confirm that all current class deviations and agency procedures are correctly cited before approval and shall coordinate with the servicing SBA District Office to confirm whether the incumbent's 8(a) program status requires SBA notification or consent for this modification.

5. Identification of Exception to the Buy American Statute.

Not Applicable. This acquisition is for commercial services and does not rely upon the nonavailability exception identified under RFO 25.103(b)(2) or RFO 25.202(a)(2).

Justification and Approval (J&A) for Commercial Products and Services Acquisitions Using RFO 12.201-1 � RFO

12.102

March 2026

6. Demonstration that the proposed contractor�s unique qualifications or the nature of the acquisition requires restricting competition.

The proposed action is a modification to extend services, ensuring the uninterrupted performance of mission-critical PTOSS services due to the immediate and time-critical nature of this requirement. Only the incumbent contractor possesses the unique qualifications, intimate knowledge of CBP�s specific PTOSS environment, and demonstrated capability to provide these services without any gap in performance. The basis for restricting competition under RFO 6.103-1 is the immediate and singular capability of the incumbent vendor to meet this time-critical need, thereby preventing any disruption to essential mission operations. This restriction is necessitated by the vendor�s unique ability to continue to provide these critical services without delay, rather than a determination of long-term exclusivity. The Agency is presently working to determine its long-term acquisition strategy for PTOSS.

Market research confirmed that multiple vendors can perform services within the applicable market and NAICS code. However, the follow-on acquisition strategy and solicitation cannot be completed before expiration of the current contract. The primary cause of the schedule impact is the consolidation and complexity of requirements to comply with the One Big Beautiful Act, as well as related evolving program priorities, which require additional analysis and interdepartmental coordination.

Those activities require the Program Management Office (PMO) and Procurement to reassess program needs, validate workload and staffing projections, coordinate with multiple CBP stakeholders, update acquisition planning documentation, and ensure that the follow-on solicitation accurately reflects current statutory, operational, and mission requirements. These necessary planning activities extended the acquisition schedule beyond the current contract expiration date.

The acquisition approach is further supported by cost and efficiency considerations. CBP is consolidating a number of existing support contracts, including the current PTOSS requirement, into the planned follow-on acquisition, which has an anticipated award and transition date of May 1, 2027. Conducting a separate, freestanding competitive procurement solely to cover the intervening eight-month period would require the Government to draft, solicit, evaluate, and award an additional short-term contract action, consuming acquisition and program resources disproportionate to the limited duration of the requirement and duplicative of effort that will be superseded within months by the consolidated award.

Extending the current contract for a period of less than one year, rather than competing for a standalone short-term replacement, avoids this unnecessary cost and administrative burden and keeps acquisition resources focused on the consolidated follow-on procurement.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions Using RFO 12.201-1 � RFO

12.102

March 2026

The incumbent has demonstrated satisfactory performance and already possesses the trained workforce, management structure, access, program knowledge, understanding of current projects, and familiarity with CBP processes necessary to continue performance without interruption. Awarding a separate bridge contract to a new contractor would require recruiting or transferring personnel, onboarding, access processing, knowledge transfer, management system familiarization, and transition of active tasks and records that cannot reasonably be completed within the required timeframe.

For a limited eight-month extension period, a transition to a different interim contractor would create duplicative transition costs and require substantial Government oversight while introducing avoidable schedule and performance risk. The Government could then face a second transition when the follow-on contract begins. This would consume resources that should instead be devoted solely to completing the long-term follow-on acquisition.

The Government considered allowing the current contract to expire without replacement, competing a separate short-term bridge requirement, and segregating portions of the work for interim competition. Allowing the contract to expire is unacceptable because it would interrupt essential facilities, project management, data, reporting, real property, and mission support functions. A separate bridge competition could not reasonably be completed early enough to prevent a lapse and would divert acquisition and program resources from the follow-on procurement. Segregating the work would fragment integrated support functions, create unclear accountability, increase coordination burdens, and introduce transition risks across active projects and operations.

The onboarding process for new contractor personnel supporting CBP requirements is significantly impacted by the extensive background investigation (BI) process mandated by the agency. Due to the sensitive nature of CBP�s mission, these BIs are rigorous and time consuming, often requiring several months to complete. The duration of this process directly impedes the ability to rapidly onboard replacement personnel, making continuity of services from the incumbent contractor essential.

The requested eight-month period represents the Government's current best estimate of the minimum time required to complete acquisition planning, finalize and issue the solicitation, allow proposal preparation, evaluate offers, conduct discussions, if necessary, complete source selection and approvals, make award, and accomplish an orderly transition. The extension period may be adjusted if the approved follow-on acquisition schedule supports a shorter duration.

If this J&A is not approved, CBP faces a significant risk of interruption to mission-critical services supporting facilities operations, ongoing projects, communications, administrative functions, data management, performance reporting, real property accountability, financial

Justification and Approval (J&A) for Commercial Products and Services Acquisitions and budget coordination, logistics, and investment planning. Such an interruption could delay active projects, impair management visibility, increase costs, and reduce support to CBP operational components.

Accordingly, CBP determined that a limited-duration extension modification to the incumbent is the acquisition approach that best balances uninterrupted mission performance, responsible stewardship of Government resources, and the commitment to obtain competition for the long-term requirement.

7. Description of efforts made to ensure that quotations are solicited from as many potential sources as is practicable.

Market research was conducted from July 2, 2026, through July 23, 2026, by the CBP FOF PMO, the OSF Contracting Officer's Representative, and CBP Procurement. The research confirmed that vendors exist under NAICS code 541690 and that the required professional support services are available in the commercial marketplace.

The Government intends to use those market findings to support a follow-on acquisition, which will consolidate contracts.

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 will be fair and reasonable based on analysis of the incumbent's existing contract pricing, the proposed extension pricing, historical prices paid for the same or similar services, any proposed labor-rate or cost escalation, and other relevant market information.

This extension is expected to continue with substantially the same services and pricing structure as the existing contract without a material expansion of scope. Current contract pricing, adjusted only as supported by adequate data and analysis, therefore provides a reliable baseline for evaluating the proposed price.

The Contracting Officer will evaluate the contractor's proposal, document any negotiations, and complete a written price reasonableness determination before execution of the modification. The final contract file shall identify the specific price-analysis techniques used and explain the basis for accepting any escalation.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

9. Description of market research.

Market research appropriate to the circumstances was conducted in accordance with RFO Part 10 and CBP acquisition planning policy. The research period began July 2, 2026, and concluded July 23, 2026. Participants included the FOF PMO, OFO, OSF, the COR, and CBP Procurement.

The Government reviewed the requirement, the commercial marketplace, available sources under NAICS code 541690, the incumbent's capabilities and performance, current contract pricing, commercial business practices, and the acquisition alternatives available to preserve service continuity.

The research determined that the PTOSS requirement consists of commercial services and that multiple vendors may be capable of satisfying the long-term requirement. It also determined that the incumbent remains capable of performing the current requirement without transition risk and has demonstrated satisfactory performance.

For the limited extension period, the market research supports an urgency-based extension modification to the incumbent's existing contract as the most effective means of avoiding disruption while the Government completes the follow-on acquisition. The research shows that an interim transition would create unnecessary risk and cost during the short bridge period while the Agency determines its long-term acquisition strategy.

The Market Research Report further states that extension pricing will be evaluated using current contract pricing with appropriate, supported escalation. Those findings will inform, but will not replace, the Contracting Officer's independent determination of price reasonableness.

Patents, copyrights, and intellectual-property restrictions are not presently identified as a basis for this noncompetitive action. If such restrictions are identified, the J&A and acquisition file must be revised accordingly.

10. Any other facts supporting the use of other than full and open competition.

The PTOSS functions are integrated across ongoing facilities, real property, project, reporting, administrative, and operational-support activities. The interim requirement cannot be meaningfully modified or divided to enhance extension-period competition without creating fragmented accountability, duplicative management, inconsistent processes, and transition risk.

Justification and Approval (J&A) for Commercial Products and Services Acquisitions

The extension is limited in both scope and duration and will maintain existing support only until the follow-on is awarded and transitioned. Approval is in the Government's best interest because it protects uninterrupted mission support while preserving the Government's commitment to competition for the long-term requirement.

This justification is not based solely on the incumbent's familiarity or convenience. It is based on the combination of the imminent expiration date, the time required to conduct a responsible competition, the integrated nature of the services, the cost and risk of two successive transitions, and the mission consequences of a lapse in performance.

11. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No sources have expressed written interest in this extension period because a notice was not posted to SAM.gov or any other Government Point of Entry. If a future SAM.gov notice, procurement forecast, sources-sought notice, or other announcement generates written interest, a list of each source, the date the interest was received, a summary of the capability information submitted, and the Government's conclusion regarding the potential degree of competition will be documented appropriately.

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.

CBP is actively developing a follow-on acquisition that will consolidate the long-term PTOSS requirement along with other FOF, OSF, and OFO requirements. During the extension period, the PMO and Procurement will finalize the acquisition strategy and approvals, validate the requirement, complete the performance work statement or statement of objectives and independent Government cost estimate, finalize evaluation criteria and solicitation terms, issue the solicitation, conduct proposal evaluation and source selection, obtain required reviews and approvals, make award, and complete transition to the successor contractor.

The Government will use the market research already completed and any additional industry engagement necessary to refine requirements, identify capable sources, and avoid unnecessarily restrictive provisions. The acquisition team will evaluate whether performance requirements, deliverables, staffing assumptions, data requirements, and contract structure can be written to maximize meaningful competition.

The requested extension period is intended to facilitate the expeditious completion of this requirement, while minimizing reliance on further non-competitive actions. The acquisition