JA - Arkansas FY26-0115-Final 6.30.26_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY26-0115

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 Services (FPS), Acquisitions Division (AD) proposes to extend the ordering period of Contract 70RFP419DE7000002, with North American Security, Inc., (NAS) for Protective Security Officer (PSO) services throughout the state of Arkansas based on 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 up to six (6) months, July 1, 2026, through December 31, 2026, to allow time to finalize the award decision of the competitive follow-on effort and provide 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 state of Arkansas. The task order will only be issued under this contract for the necessary length of time required, but not to exceed six (6) months. The current contract is set to expire on June 30, 2026. The follow-on procurement is currently in the pre-award phase, and the award file is under review. The follow-on effort requires a transition period of 120 days from the date of award to the performance start date. As such, this extension will allow FPS AD to complete the award and provide an adequate transition period to the new effort for this requirement.

(b) Name and address of the contractor.

North American Security, Inc.

1701 S. Kelly Avenue Edmond, OK 73013

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

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, 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), implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

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 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

Not Applicable.

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

NAS is currently satisfactorily performing PSO services under Contract 70RFP419DE7000002 throughout the state of Arkansas. The contract is set to expire on June 30, 2026. FPS AD is in the process of finalizing the award of a competitive follow-on effort.

However, due to unexpected delays during the pre-award phase of the procurement, the Government requires additional time to adequately document its award decision prior to issuing the award of the follow-on effort, which requires a 120-day transition period to avoid a detrimental break in services. Unexpected and unavoidable delays occurred as a result of additional examination of the tradeoff analysis and thorough review of the ostensible affiliation of the potential awardee.

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, NAS, 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, a short-term 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. 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, Simmons & Golden

Security LLC

70RFP424DE5000001

Indiana

10/01/2025 – 09/30/2026

Based on the analysis above, the PSO hourly rate of /hr. proposed by NAS for the extension period is competitively in line with the current range of prices for similar services and is determined to be fair and reasonable. In accordance with RFO FAR 15.403-2(b)(3), no certified cost or pricing data will be required because the service is commercially available to the public.

9. Description of Market Research.

FPS AD has conducted market research for the new requirement and is familiar with the other potential sources and their qualifications. Based on market research, other PSO firms could provide PSO services throughout the state of Arkansas; however, they could not do so by July 1, 2026, causing unacceptable delays or potentially jeopardizing the safety of government employees or 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, NAS is performing satisfactorily, as documented under the Contractor Performance Assessment Report (CPAR), it is in the best interest of the government to extend the ordering period for up to six (6) months under Contact 70RFP419DE7000002 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 70RFP419DE7000002 until the competitive follow-on is awarded and transitioned to start. FPS AD is currently processing a follow-on requirement and plans to make award as soon as possible, with 120 transition period afforded before performance under the new task order begins. It is essential that PSO services continue without interruption for the security of federal facilities throughout the state of Arkansas to ensure the safety of government employees, government facilities, and its visitors at these locations.