JA FY25-00289 - Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

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

J&A No.: FY25-00289

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 for predecessor Multiple Award Contract (MAC) 70RFP218DEC000016 (Master Security Company LLC), for Armed Protective Security Officer (PSO) services at federally leased/owned facilities located in Maryland within the National Capital Region (NCR) on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action: FPS AD intends to procure PSO services on a noncompetitive basis for up to six (6) months, from October 1, 2025, through March 31, 2026, which will allow time to award the competitive follow-on task order (TO) under FPS AD’s new small business MAC for PSO Services and provide adequate time for transition. This action will result in a modification to extend the ordering period under the current contract to continue critical PSO services at various locations in Maryland until the follow-on task order can be competed and awarded under the new small business MAC. The predecessor MAC is set to expire on September 30, 2025. Currently, there is only one (1) active task order remaining that was issued under this predecessor MAC. FPS AD recently awarded the new small business MAC for PSO services that commenced in September 2025. Additionally, the follow-on procurement for this one (1) remaining task order is currently in the pre-solicitation phase.

The follow-on effort will also require a transition period of at least 120 days from the date of award to the performance start date. As such, extending the ordering period under this predecessor MAC will allow FPS AD to extend the period of performance under the remaining task order and provide adequate time to complete the new TO award and provide adequate transition period for the new effort for this requirement.

(b) Name and address of the contractor:

Master Security Company LLC (Master) 10946 Beaver Dam Rd. Ste D Cockeysville, MD 21030

(c) Contract type: Indefinite Delivery, Indefinite Quantity (IDIQ), Firm Fixed Price the necessary transition periods. This will ensure uninterrupted security services at multiple locations in Maryland. The follow-on TO effort will require a transition period of at least 120 days from the date of award to the performance start date. As such, this extension will allow time to complete the solicitation, evaluation, and award of the follow-on TO and provide the required transition period for the new vendor to train and meet all of the requirements of the new task order prior to the security personnel standing post. The requirement fulfills existing Government needs, and the extension of the existing contract is the most advantageous method of fulfilling the Government’s needs, 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 six (6) months of additional Armed PSO services from October 1, 2025, through March 31, 2026, at an approximate value of $5,953,650.00.

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.

Master Security is currently performing Armed PSO services under contract 70RFP218DEC000016. The contract is set to expire on September 30, 2025. FPS AD is in the process of soliciting a competitive follow-on effort for the remaining task order that was awarded under the predecessor MAC for PSO services at multiple facilities located throughout Maryland. The Government requires additional time to compete and award the follow-on task order, which requires a minimum of a 120-day transition period.

The follow-on procurement is still currently in the pre-solicitation phase. Unexpected and unavoidable delays occurred due to the following circumstances: The FPS Region 11 Program Office continues to work on finalizing the requirements package for this effort as one stakeholder has requested a number of changes to the post coverage which FPS is still discussing with this stakeholder. FPS prioritized the award of a nationwide small business MAC that will be an agency wide contract vehicle with an ordering period that commenced on 09/01/2025. This contract vehicle will be utilized to compete the remaining task order from this contract vehicle. Additionally, during the past six 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. Therefore, the circumstances listed above necessitate an extension for of the predecessor MAC contract to allow for the solicitation, evaluation, and award of the follow-on TO under the new MAC vehicle and the required transition period.

The follow-on TO requirement under this contract is estimated to be awarded on or before November 30, 2025, with anticipated performance start dates on or before April 1, 2026. The follow-on TO will have transition period with a minimum of at least 120 days from the date of award to the performance start date. It is also noted that since the follow on will be recompeted to small businesses, the awardee will be a new vendor; therefore, it imperative they are given adequate transition time, subsequent to award. This transition period enables the follow-on contractor to obtain all necessary equipment, licenses, training, and other certification/suitability requirements for its employees to be able to begin standing post at the start of performance. Due to extensive screening, training, health, licensing, and transition requirements required for Armed PSOs under the FPS program, another Armed PSO firm cannot immediately replace the existing contractor without a significant and severe drop in overall security jeopardizing federal government personnel, visitors, and assets. Accordingly, it is also not feasible for any portion of the work to be segregated to allow for competition.

The incumbent contractor, Master Security is familiar with the instant requirements, facility locations, has fully qualified staff in place and is the only contractor at this time that can immediately fulfill the requirements without delay and 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 TO.

Title 40 United States Code (U.S.C.) §1315 gives DHS the responsibility to protect Federal facilities and the people thereon. 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 Master Security to provide services until the follow-on TO is appropriately awarded and transitioned. Effective Armed PSO services are integral to the FPS mission to respond to terrorist attacks, domestic workplace violence, trespassing, disorderly conduct, and emergency medical situations. Armed 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 ordering period under contract 70RFP218DEC000016 with Master Security is required to allow placement of a new task order to provide continued services and to ensure uninterrupted service, a seamless transition, and to eliminate potential disruption in Armed 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 acquisition 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 09/03/2025, It is noted that there have been no significant revisions to the scope of the contract or general market conditions that would significantly alter the competitive landscape upon which the prices were based. As CBA(s) are in place under this contract, any other contractor would be required to pay PSOs the same wages and fringe benefits as the current contractor, Master Security 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.

Overall, based on the detailed analysis above, the maximum billing rates are in line with the current range of prices for similar types of services under other contracts for PSO services and are determined to be fair and reasonable.

9. Description of Market Research.

FPS AD has conducted its market research for the new requirement and is familiar with other potential sources and their qualifications. Based on FPS AD’s market research, other firms could provide Armed PSO Services in Maryland, but not by October 1, 2025, causing unacceptable delays or potentially jeopardizing the safety of government employees, government facilities, and its visitors. Accordingly, no other contractors 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, and visitors, it is in the best interest of the government to extend the ordering period for up to six (6) months under contract 70RFP218DEC000016 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 Armed PSO services under MAC contract 70RFP218DEC000016 until the competitive follow-on MAC TO is awarded and transitioned to start. FPS AD plans to make award no later than November 30, 2025, with the new TO award to start by April 1, 2026. The task order will only be issued under this contract for the necessary length of time required, but not to exceed six (6) months. It is essential that Armed PSO services continue without interruption for the security of various facilities located in Maryland to ensure the safety of government employees, government facilities, and its visitors at these locations.