FY25-00302 Justification Approval for Other Than Full and Open Competition Template v3.6 (2)_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY25-00302

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-11) and in accordance with the requirements of FAR 6.104 (FAR Class Deviation 25-11), the justification for the use of the statutory authority under FAR 6.103 (FAR Class Deviation 25-11) is justified by the following facts and rationale required under FAR 6.104-1 (FAR Class Deviation 25-11) 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 70RFP118DE2000001, with Paragon Systems, Inc., for Armed Protective Security Officer (PSO) services at various sites throughout the New York Metropolitan area on the basis of 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 protective security officer services on a noncompetitive basis for up to four (4) months, October 01, 2025 – January 31, 2026, to allow adequate time for transition. This action will result in a modification to extend the ordering period of the current contract to allow placement of a task order to continue critical PSO services throughout the New York Metro area. The task order will only be issued under this contract for the necessary length of time required, but not to exceed four

(4) months. The current contract is set to expire on September 30, 2025. The follow-on procurement was formally awarded on September 12, 2025. The start date of the order under the MAC is February 1, 2026. This follow-on effort will also require a transition period of 120-days from the date of award to the performance start date. As such, this extension will allow time to provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor.

Paragon Systems, Inc.

13900 Lincoln Park Drive Suite 300 Herndon VA 20171-4634

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

(d) Estimated total value: Four (4) months - $

Period of Performance

Hours Rate Total

PSO

Services

10/01/2025 – 01/31/2026

(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: FPS AD intends to procure protective security officer services pursuant to FAR 6.103-1 (FAR Class Deviation 25-11) as only one responsible source and no other sources will satisfy agency requirements for the continuation of PSO services at facilities throughout the New York Metro area

3. Description of Supplies/Services.

The requirement is to provide Armed Protective Security Officer services at various locations throughout the New York Metropolitan area. Paragon Systems, Inc. is currently performing under a six (6) month extension pursuant to Justification and Approval No. FY25-084 for the period (April 1, 2025, through September 30, 2025) under the competitively awarded contract 70RFP118DE2000001. To provide an adequate transition period for the new follow-on task order, FPS AD finds it necessary to request approval for up to an additional four (4) months of service under the authority for other than full and open competition cited herein.

This will extend the ordering period under Contract 70RFP118DE2000001 from October 1, 2025, through January 31, 2026, in the event all four months are needed.

The instant action is to allow FPS AD to continue procuring PSO services from Paragon Systems, Inc. under contract 70RFP118DE2000001 while providing the necessary transition period for the competitive follow-on task order. This will ensure uninterrupted security services at federal facilities throughout the New York Metro 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 during the 120-day transition 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 and only practical 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 four (4) months of additional PSO services from October 1, 2025, through January 31, 2026; at an approximate value of

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) implemented by FAR 6.103-1 (FAR Class Deviation 25-11), 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.

Paragon Systems, Inc. is currently satisfactorily performing PSO services under Contract 70RFP118DE2000001, at various locations throughout the New York Metro area. The contract is set to expire on September 30, 2025. The follow-on requirement was awarded on September 12, 2025, with an anticipated performance start date of February 1, 2026. The follow-on task order will have a transition period of 120-days from the date of award to the performance start date. Due to unexpected delays throughout the award phase the government requires additional time to provide the required 120-day transition period in order to avoid a detrimental break in services. Over the past several months, FPS incurred unexpected delays due a variety of policy updates that led to procedural changes, thus requiring additional documentation which increased reviews and processing timelines for procurement actions. While an award decision had been made and documentation finalized, the anticipated awardee rescinded their offer on July 10, 2025. This required rework of the award decision documents. Therefore, these circumstances necessitate an extension of the incumbent contract to provide the required 120-day transition period for the follow-on effort. This transition period enables the follow-on contractor to obtain all necessary equipment, licenses, training, and other certifications/ suitability requirements for its employees to be able to begin standing post at the start of performance. Due to extensive screening, training, licensing, and transition requirements for PSOs under the FPS program, another PSO firm cannot immediately replace the existing contractor without a severe and unacceptable degradation in overall security jeopardizing federal government personnel, visitors, and assets. For these reasons, it is also not feasible for any portion of the work to be segregated to allow for competition. The incumbent contractor, Paragon Systems, 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 or 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 priced rates from the current contract as well as different contracts that were competitively awarded for PSO Armed Guard Services to the current negotiated hourly rate which is proposed for the J&A period. All contracts have similar Statements of Work and similar training/ certification requirements as they are all for Armed PSO services.

Contractor Contract Number Location Period of

Performance Basic Hourly Rate

Difference

Paragon 70RFP118DE2000001 NYC Metro 10/01/2025- 01/31/2026

Universal Protection Service

70RFP224DEC000001

NYC Metro (follow-on)

02/01/2026- 01/31/2027

Universal Protection Service

70RFP224DEC000001 Eastern Washington and Idaho

04/01/2025- 03/31/2026

As shown above, the rates for the extension are competitive to the rates for other armed PSO services in the marketplace. As a CBA is in place under this contract, any other contractor would be required to pay PSOs the same wages and fringe benefits as the current contractor is currently paying its PSOs.

In accordance with FAR 15.403-1(b)(3), no certified cost or pricing data will be required because the service is commercially available to the general public.

9. Description of Market Research.

The agency has conducted market research for the new requirement and is familiar with the other potential sources and their qualifications. Based on our market research, other firms could provide PSO services at the New York Metro area locations, however they could not do so by October 1, 2025, causing unacceptable delays or potentially jeopardizing the safety of government employees, government facilities, and its visitors. Accordingly, no other contractor can provide the services without an unacceptable interruption in service at this time.

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

Since it is essential that services continue without interruption for the security of the facilities, its tenants, its visitors, and the fact that the current contractor, Paragon Systems, Inc. is performing satisfactorily as documented under the Contractor Performance Assessment Report (CPAR), it is in the best interest of the government to extend contract 70RFP118DE2000001 for up to four (4) months with the current contractor.

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

Acquisition.

Not applicable.

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 PSO services under Contract 70RFP118DE2000001 until the competitive follow-on task order is transitioned to start no later than February 01, 2026. It is essential that services continue without interruption for the security of federal facilities throughout the New York Metro area to include government personnel and visitors at these locations.