FY2500303_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

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

J&A No.: FY25- 00303

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 70RFP319DE3000002, with Paragon Systems, Inc., for Armed Protective Security Officer (PSO) services at various sites throughout the state of Virginia, to include Richmond, Roanoke, Norfolk and other outlying areas.

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 Seven (7) months, October 1, 2025, through April 30, 2026, to allow time to recompete and finalize award of the competitive follow-on task order and provide adequate time for a 120-day 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 State of Virginia’s Richmond, Roanoke, Norfolk, and the outlying areas. The task order will only be issued under this contract for the necessary length of time required, but not to exceed seven (7) months. The current contract is set to expire on September 30, 2025. The follow-on procurement is currently in the pre-solicitation phase.

(b) Name and address of the contractor.

Paragon Systems, Inc.

13900 Lincoln Park DR STE 300 Herndon, VA 20171 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 seven (7) months of additional PSO services from October 1, 2025, through April 30, 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

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 70RFP319DE3000002. The contract is set to expire on September 30, 2025. FPS AD is in the pre-solicitation phase of the procurement process and anticipates a competitively awarded follow-on task order under the Unrestricted track of the FPS AD Multiple Award Contract (MAC) on or before December 31, 2025. Due to unexpected delays (discussed below) throughout the pre-solicitation phase of the procurement, the government requires additional time to solicit, evaluate and adequately document its source selection decision prior to issuing the award of the follow-on task order, which requires a 120-day transition period to avoid a break in services. Unexpected and unavoidable delays occurred as a result of the following circumstances:

Competing operational priorities across FPS diverted resources from supporting the acquisition planning to more pressing efforts to avoid security lapses due to more imminent expirations across multiple states. In addition, a variety of policy updates and procedural changes have created additional requirements and documentation which increased reviews and processing timelines for procurement actions.

Therefore, the circumstances listed above necessitate an extension of the incumbent contract to allow for the solicitation, evaluation and award of the follow-on task order and the required transition period.

The government is currently in the solicitation phase for this follow-on requirement.

Solicitation is anticipated to be issued in October.

The follow-on requirement is estimated to be awarded on or around December 31, 2025, with an anticipated performance start date on or around May 1, 2026. The follow-on task order will have a maximum transition period of 120 days from the date of award to the performance start date. 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 follow-on effort.

Title 40 United States Code (U.S.C) §1315 gives DHS the responsibility to protect federal facilities and the people therein. 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 task order is appropriately transitioned. Effective PSO services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. 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 contract 70RFP319DE3000002 with Paragon Systems, Inc. is required to allow placement of a new competitive task order under the Unrestricted Track of the FPS MAC to provide continued services to ensure uninterrupted service, a seamless transition, and to eliminate potential disruption in 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 requirement is that “only one responsible source and no other supplies or services will satisfy agency requirements,” pursuant to FAR 6.103-1 (FAR Class Deviation 25-11). Therefore, no exception to the FAR 5.2 notification requirement applies, and FPS AD posted this requirement on SAM.gov on September 12, 2025, pursuant to FAR 5.201(b)(1)(ii). FPS AD intends to make this justification publicly available pursuant to FAR 6.301 (FAR Class Deviation 25-11).

Since it is essential that service 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 70RFP319DE3000002 for up to seven 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 70RFP319DE3000002 until the competitive follow-on task order is awarded and transitioned to start. FPS AD is currently processing a follow-on requirement which is taking longer than originally projected due to unanticipated issues. The agency plans to make award on or around December 31, 2025, with performance under the new award to start on or around May 1, 2026. It is essential that services continue without interruption for the security of federal facilities throughout the state of Virginia and surrounding areas to include government personnel, government facilities, and visitors at these locations.

13. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

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.

APPROVAL: