01.06_J&A_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the requirements of 41 U.S.C. 3304(a)(1)Competition in Contracting Act of 1984 (CICA) as implemented by FAR Subpart 6.302-1, and IAW the requirements of FAR Subpart 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale:

1. Agency and Contracting Activity

The U.S. Department of Homeland Security (DHS)/Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), ICE Health Services Corps (IHSC), and the Office of Acquisitions Management (OAQ), propose to enter into a follow-on contract on a basis other than full and open competition for a total potential period of six (6) months. This justification is authorized under FAR 6.302-1 “Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.”

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

This Justification and Approval (J&A) approves the issuance of a sole source contract for medical staffing services to provide comprehensive healthcare services at the twenty-one (21) specific clinic sites. Administrative services for the one (1) Headquarters location shall be provided during standard business hours. The proposed contract will be a Labor Hour (LH) contract with Cost Reimbursable CLINS for Travel for health care support services including, but are not limited to: clinical care; compliance management; dental health care; mental health care; treatment of infectious and chronic diseases; and administrative and management support for Federal staff. The total potential period of performance of this effort is six (6) months;

consisting of a two-month base period and two (2) two-month option periods. The total potential value of this requirement is estimated at $33,108,514.74.

The Vendor is InGenesis Inc. located at 10231 Kotzebue St. San Antonio, TX 78217-4430.

3a. Description of Supplies/Services

ICE requires the on-going and continuously uninterrupted provision of health care services at the twenty-one (21) specific clinic sites with administrative services for one (1) Headquarters location. These services are being transitioned to a subsequent awardee under competitive solicitation HSCEDM-16-R-00002. The proposed contract is a LH with CR CLINS for Travel that consists of a two (2) month base period followed by two (2) two-month option periods.

Option periods will only be exercised if needed to allow for the completion and award of the competitive follow-on contract and contract transition, if necessary.

ICE requires on-site medical staffing support services at the twenty-one (21) specific clinic locations in order to provide the full continuum of health care services to ICE residents 24 hours a day, seven (7) days a week, 365 days per year. These health care support services include, but are not limited to: clinical care; compliance management; dental health care; mental health care;

treatment of infectious and chronic diseases; and administrative and management support for

Federal staff. The estimated dollar value is $33,108,514.74 for the total potential six (6) month period.

The Government awarded a firm-fixed price task order to InGenesis, Inc. under contract number HSCECR-12-F-00048; GSA Contract: V797P-7026A as the result of a best value tradeoff competitive procurement conducted with GSA Schedule holders. The period of performance for this effort was 07/16/2012 through 07/15/2017 for a one (1) year base and four (4) option periods. The Government exercised FAR clause 52.217-8 “Option to Extend Services” on 07/13/2017 extending the period of performance to 01/15/2018. The total estimated value of the current contract was estimated at $33,108,514.74. HSCEDM-12-F-00048 is due to expire on 01/15/2018 and is currently being recompeted under solicitation HSCEDM-16-R-00002, which has not yet been awarded.

The proposed action will result in the award of a follow-on contract for a total potential period of six (6) months; 01/16/2018 through 07/15/2018.

3b. Period of Performance

Option Period Period of Performance IGCE Base Period 01/16/2018 through 03/15/2018

Option Period 1 03/16/2018 through 05/15/2018 Option Period 2 05/16/2018 through 07/15/2018

Total $33,108,514.74

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) as implemented by FAR Subpart 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the Contractor’s Unique Qualifications or the Nature of the Acquisition Requires the Use of the Authority Cited

ICE is currently in the process of competitively awarding a 5-year follow-on contract for the provision of health care services at all IHSC staffed facilities. That acquisition is currently in the final proposal revision stage. Because the competitive procurement has not yet been awarded, a six (6) month bridge contract is necessary to maintain uninterrupted support of the medical services at these locations. Given the difficulty of assembling a large team of health care professionals in sparsely populated locations, training them on ICE’s standards of care, as well as completing required background checks, it is certain that a transition period between the current vendor to a new vendor would last longer than the period of performance for the base period.

Additionally, a new contractor would require sufficient ramp-up time and training to become fluent in the IHSC Standards along with the unique operations at the facility. ICE must maintain medical staffing on a day-to-day operational basis in strict adherence to the ICE standards of care. As the incumbent provider, InGenesis Inc. is the only contractor capable of providing continuous uninterrupted services at these locations pending the award of the follow-on competitive action and during the transition period if necessary.

It is essential that IHSC maintain continuity of medical services for these twenty-one (21) IHSC staffed facilities. Award to any other source would result in unacceptable delays and disruption in fulfilling ICE requirements. The proposed contract will allow for negotiations, final evaluation, preparation and review of award documents, congressional notification, as well as a sixty (60) day transition period if required. The two (2)-month base period followed by two (2) two-month option periods will allow for contract coverage to award the competitive follow-on contract, contract transition, and allow for contract coverage during any unforeseen events that may affect award and full performance.

6. Efforts to Obtain Competition

Due to the short duration of the base performance period of this effort, it is not practicable for another vendor to provide these services. RFP HSCEDM-16-R-00002 was solicited under FAR Part 15. The Government award will encompass all IHSC staffed facilities.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government Will be Fair and Reasonable

The Contracting Officers determines that the anticipated price(s) will be fair and reasonable based on comparison of proposed rates for this effort to the rates on the current contract as well as to other GSA schedule holders’ rates to determine that rates proposed are fair and reasonable.

The Contracting Officer will separately determine that the price at award is fair and reasonable.

8. Description of Market Research

The Government resolicited the medical staffing requirement under Full and Open requirements in accordance with FAR Part 15 (Contracting by Negotiation) on March 11, 2016 under HSCEDM-16-R-00002. A pre-proposal conference was held on March 18, 2016 to gauge the interest of prospective Contractors; 23 different Contractors attended the conference.

No additional market research was conducted for this sole-source procurement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition

The requirement for this contract will be synopsized. No other firms will be solicited since the required services are only available from the incumbent contractor in the limited required timeframe.

10. A Listing of the Sources, if any, that expressed in writing an Interest in the Acquisition

InGenesis Inc. is the only established source to express interest in this follow-on contract.

11. 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

The proposed follow-on contract covers the twenty-one (21) clinic locations from 01/16/2018 through 07/15/2018 with an option that potentially extend the period of performance to 01/15/2019 if necessary. ICE has structured this contract as a six (6) month contract with a two-month base period, followed by two (2) two-month option periods to allow ICE sufficient time to competitively award the follow-on contract and transition to a new vendor, if necessary.

Solicitation No. HSCEDM-16-R-00002 was solicited on March 11, 2016 on a full and open competition basis and future solicitations are expected to be issued competitively.