SSJ_Simplified_Acquisitions_Exceeding_SAT_Test_Program Redacted_Redacted.pdf

U.S. Customs and Border Protection Justification and Approval (J&A) for Commercial Products and Services Acquisitions

Using RFO 12.201-1 Simplified Procedures Exceeding the SAT but Not Greater Than $9M – RFO 12.102

March 2026

Date: September 21, 2026 PR Number: 20157583

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, U.S.

Customs and Border Protection, Office of Acquisition proposes to enter into a contract extension on a basis other than full and open competition using simplified procedures in accordance with Federal Acquisition Regulation (FAR) 12.201-1, FAR Class Deviation 25- 21 R1 for FAR Part 12, and 41 U.S.C. 1901.1

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

(a) Nature of action. CBP intends to modify the indefinite delivery indefinite quantity (IDIQ) contract 70B01C24D00000033 with Constant Solutions, LLC, the incumbent contractor, to increase the total contract ceiling value. The contract was previously awarded as a direct award through the Small Business Administration’s (SBA) 8(a) Business development program.

While the original IDIQ award identified an estimated contract value of $4,147,257.00, it did not explicitly establish a formal contract maximum ceiling. To comply with RFO 16.504-5 and ensure a clearly defined limit on the Government's obligation, this modification will expressly establish and set the formal maximum contract ceiling value of the IDIQ at $5,163,702.61 (representing the current task order value of $3,990,616.61 plus the $1,173,086.00 increase required for the six-month extension period).

By establishing this formal maximum ceiling value, CBP can extend the current period of performance of the underlying task order issued under the IDIQ contract to provide uninterrupted, critical contractor support services for the Office of Facilities and Asset Management (OFAM). The IDIQ ordering period will remain unchanged.

(b) Name(s) and address(es) of the contractor(s).

Constant Solutions LLC 21250 Hawthorne BLVD STE 400 Torrance, CA 90503-5515

(c) Contract type. Firm Fixed Price

1 In this document, citations to RFO Parts 5, 10, 12, and 25 are citations specifically to FAR Class Deviation 25-17 for FAR Part 5, FAR Class Deviation 25-06 for FAR Part 10, FAR Class Deviation 25-21 R1 for FAR Part 12, and FAR Class Deviation 26-09 R1 for FAR Part 25, which were issued as part of the Revolutionary FAR Overhaul (RFO), implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

(d) Estimated total value and period of performance, including options. Provide breakdown as illustrated below. If action pertains to an existing contract, reflect the dollar value change of the new work.

Period Monthly Rate Total Base Year 12 mo. $171,039.00 $2,052,472.00 Option Year 1 12 mo. $161,513.00 $1,938,144.61 New Work Ext 6 mo. $195,514.33 $1,173,086 Total $5,163,702.61

Pricing Basis Narrative:

Base Year & Option Year 1 Rates: The monthly rates for the Base Year and Option

Year 1 represent the fully burdened, firm-fixed monthly pricing established under the original task order 70B01C24F00000990 competitively negotiated and awarded under IDIQ contract 70B01C24D00000033.

New Work Extension Rate: The monthly rate of $195,514.33 for the 6-month bridge extension is derived from the established Option Year 1 baseline labor rates, adjusted to incorporate a necessary, temporary surge in the Level of Effort (LOE) (equivalent to 1.5 additional Full-Time Equivalent (FTE) transition/project management resources). This temporary increase in LOE is required to manage complex data consolidation, program reconciliation, and transition-planning tasks associated with compliance under the "One Big Beautiful Act" as the program prepares for the consolidated follow-on procurement

(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. This contract was awarded on September 27, 2024, as an 8(a) direct sole source IDIQ Contract award, to provide contractor support for the CBP Integrated Services (IS) Division.

3. Description of Supplies/Services.

CBP requires continued Integrated Services Process Development Support Services (IS- PDSS) to sustain active and interconnected Office of Facilities and Asset Management (OFAM) priorities.

The scope of these IS-PDSS services includes:

Front Office Communications & Knowledge Management: Coordinating executive-level messaging, standardizing documentation, and distributing critical operational guidance.

Process Documentation & Improvement: Analyzing, mapping, and refining internal workflows to optimize operational efficiency and compliance.

Dashboard & Tracker Maintenance: Overseeing and updating critical performance metrics, tracking databases, and performance visualization systems.

SharePoint Site & Onboarding Support: Managing collaboration portals, permission controls, and resource structures for personnel onboarding.

Office of Information Technology (OIT) Forms Assistance: Supporting the processing, review, and routing of internal technical service and asset forms.

Data Management & Coordination Activities: Standardizing, consolidating, and cleaning physical and digital program records to support organizational decision-making.

These services are vital to maintaining continuity across ongoing initiatives, ensuring timely access to accurate information, and supporting consistent execution of internal business processes.

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. 1901.

This acquisition is using simplified procedures as authorized and implemented by RFO 12.102(b).

5. Identification of Exception to the Buy American Statute.

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

6. Demonstration that the Proposed Contractor's Unique Qualifications or the Nature of the Acquisition Requires Restricting Competition

The IS-PDSS 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.

The proposed action is a modification to formally establish the IDIQ contract ceiling and allow for the underlying task order 70B01C24F00000990 to be extended by six (6) months to ensure the uninterrupted performance of IS-PDSS services.

Only the incumbent contractor possesses the unique qualifications, system configurations, and historical program knowledge required to perform these services during this transitional window without a critical gap in performance. This requirement is not based on a claim of long-term vendor exclusivity, but on the practical reality of maintaining operational continuity for vital OFAM workflows.

The IS-PDSS program directly supports CBP’s nationwide facilities portfolio. Contractor personnel are deeply integrated into active, multi-million-dollar construction, renovation, maintenance, and repair projects. A transition to a non-incumbent vendor for a brief six-month period would disrupt the administrative, reporting, and tracking structures that keep these active projects on schedule and within budget. This would introduce significant transition-planning costs, duplicate management structures, and present performance risks that are disproportionate to the six-month duration.

The need for this sole-source extension arises from delays in the follow-on procurement that were outside of CBP’s typical administrative planning. Specifically, the schedule was impacted by unexpected, out-of-cycle statutory compliance mandates associated with the One Big Beautiful Act and related federal real-property management directives. These new mandates required an unanticipated, highly complex restructuring of real-property asset data reporting lines and multi-agency validation processes.

These regulatory changes require the Program Management Office (PMO) and Procurement to execute a top-to-bottom re-evaluation of long-term program needs, adjust workload and staffing projections across several CBP divisions, and rewrite technical requirements. These necessary, compliance-driven activities extended the procurement timeline beyond the original contract expiration date.

Consequently, extending the current task order is the only viable method to prevent severe operational gaps while the Government completes the consolidated follow-on procurement, which is projected for award and transition in March 2027.

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

Due to the immediate requirements of this short-term bridge extension, competition is limited to the incumbent. However, CBP is actively drafting and developing a consolidated, competitive follow-on acquisition strategy to maximize market participation for the long-term requirement

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 cost to the Government for the IDIQ contract ceiling increase, which directly accommodates the value of the 6-month task order extension—will be fair and reasonable. This determination is based on a detailed price analysis comparing the proposed extension rates against the competitively established baseline rates of the existing task order 70B01C24F00000990 and historical prices paid for these identical services.

This ceiling increase is expected to support a task order extension that continues with substantially the same labor categories as the existing contract, with no material expansion of scope. The underlying contract pricing provides a highly reliable baseline for evaluating the proposed price. The monthly rate increase during the extension period is tied directly to a verified, temporary increase in the Level of Effort (LOE) necessary to support complex, out-of-cycle transition tasks under the One Big Beautiful Act.

At the task order level, 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.

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 Field Operations Facilities (FOF), Program Management Office (PMO), Office of Field Operations (OFO), Operational Support Facilities Division (OSF), the Contracting Officer Representative (COR), and CBP Procurement.

The Government reviewed the requirements, the commercial marketplace, available sources under NAICS code 611430, 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 IS-PDSS requirement consists of commercial services and that multiple vendors may be capable of satisfying the long-term requirement. However, market research also determined that conducting a separate short-term competitive procurement or transitioning performance to another contractor for the limited extension period would create unnecessary schedule risk, transition costs, duplication of effort, and potential disruption to the mission critical operations. 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.

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 will be revised accordingly.

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

The modification of the IDIQ contract to support the underlying task order 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. No sources have expressed written interest in this extension period.

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.

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 committed to competing this requirement and will continue doing market research to maximize competition. CBP is actively developing a follow-on acquisition that will consolidate the long-term IS-PDSS requirement along with other OFAM requirements.

13. Contracting Officer Certification. I certify that this justification is accurate and complete to the best of my knowledge and belief, and legal review was obtained when required based on dollar value.

Contracting Officer Date

14. 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.

Technical Representative/COR Date

APPROVAL:

Using RFO 12.201-1 Simplified Procedures Exceeding the SAT but Not Greater Than $9M – RFO

Contracting Officer Date

Note: The Contracting Officer is the final approving official when the action does not exceed $900K.

Procuring Activity Advocate for Competition Date

Note: The Procuring Activity Advocate for Competition (PAAC) is the final approving official when the action exceeds $900K but is less than or equal to $20M.