01.06_J&A_Urgent_and_Compelling_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

Justification for Other Than Full And Open Competition

41 U.S.C. § 3304

J&A-19-0003

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) in accordance with the requirements of FAR 6.303-2. The justification for the use of the statutory authority under FAR Subpart 6.3 is based on the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity

The U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of Enforcement and Removal Operations (ERO).

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

(a) Type of action: Firm-Fixed-Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ).

(b) Amount of the current J&A: $37,990,078.49

(c) Brief Description: OAQ intends to procure, on a sole source basis, detention center services. The vendor listed below is the only company that can provide the required services for a seamless and efficient transition to the new awardee.

Asset Protection and Security Services (APSS)

5502 Burnham Drive Corpus Christi, TX 78413

3. Description of Supplies/Services

ICE requires the provision of all detention, transportation, and food services at the Florence Service Processing Center (FSPC). The FSPC is owned by the Federal Government, managed by APSS and is currently dedicated to only ICE detainees. This contractor provides trained and qualified management staff, supervision, manpower, relief officer(s), uniforms, equipment, vehicles and supplies to provide required services seven (7) days a week, twenty-four (24) hours a day.

The FSPC is equipped to house up to 750 male/female low, medium, and high-level aliens. Additionally, the FSPC meets requirements within the Phoenix area of responsibility to be in close proximity to adequate hospital and mental care. The proposed action consists of a six-month base period and six one-month option periods. Option periods will only be exercised if needed to allow for the completion and award of the competitive Single Award IDIQ contract and contract transition, if necessary. The projected period of performance is December 14, 2018, through December 13, 2019.

Option Period Period of Performance IGCE Base Period December 21, 2018 through June 20, 2019

Option Period 1 June 21, 2019 through July 20, 2019 Option Period 2 July 21, 2019 through August 20, 2019 Option Period 3 August 21, 2019 through September 20, 2019 Option Period 4 September 21, 2019 through October 20, 2019 Option Period 5 October 21, 2019 through November 20, 2019

Option Period 6 November 21, 2019 through December 20, 2019 Total $37,990,078.49

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)(2) as implemented by FAR Subpart 6.302-2, “Unusual and Compelling Urgency.”

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

APSS is the current service provider and is intimately familiar with the nuances associated with the detention of ICE detainees at the FSPC. APSS performs integral functions, assisting ICE in achieving its mission. APSS is currently responsible for providing staff that are fully trained, knowledgeable and responsive the FSPC. APSS provides support personnel, including managers, who have proper security clearances and efficiently carry out the detention management and administrative duties required by the contract in accordance with current laws and regulations. APSS is currently providing safe and secure conditions for confinement based on the individual characteristics of a diverse population, including:

threat to the community, risk of flight, type and status of immigration proceedings, community ties, and medical and mental health issues. Any disruption to these functions will adversely affect the performance of the ICE mission and will cause serious injury to the Government.

The new award was protested, and ICE is currently taking corrective actions. There is no other vendor that can meet the need at this critical time.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

APSS is the only vendor able to provide services during the protest period.

This sole source solicitation will not be publicized due the exception outlined in FAR 5.202(a)(2).

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

The Government has determined that the anticipated price of stop gap services provided is fair and reasonable. A pricing proposal was requested by the Contracting Officer from APSS for a six-month base period and six one-month option periods. APSS proposed the current bed day rate of for a guaranteed minimum of 392 detainees. APSS proposed a rate of per bed day for all detainees above the guaranteed minimum. The proposed pricing is equal to the current pricing for detention services at the FSPC that is currently in place. The six one-month option periods shall remain the same throughout the period of performance. The anticipated value of 12 month urgent and compelling requirement is $37,990,078.49 as detailed below:

Six Month Base Extension:

Description QTY Unit Price IGCE APSS Detention Services Guaranteed Min 392

Six Months

Transportation Labor Hours

54,797 Hrs.

Transportation Miles 40- 48 Pass. Vehicles

77,500 DH

Transportation Miles < 40 Pass. Vehicles

167,500 DH

Monthly Admin Personnel Cost

Six Months

Detainee Work Program NTE $7,000.00 per month

Six Months

Total Six-Month Base Price $18,995,188.43 $18,995,188.43

Six One-Month Option Periods:

Description QTY Unit Price IGCE APSS Detention Services Guaranteed Min 392

One Month

Transportation Labor Hours

9,132 Hrs.

Transportation Miles 40- 48 Pass. Vehicles

12,916 DH

Transportation Miles < 40 Pass. Vehicles

27,916 DH

Monthly Admin Personnel Cost

One Month

Detainee Work Program NTE $7,000.00 per month

One Month

One-Month Option Period Pricing $3,165,815.01 $3,165,815.01

8. Description of Market Research

No market research was completed for this action during the protest period.

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

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

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 Government released solicitation HSCEDM-16-R-00001 on August 22, 2016 on a full and open competition basis. Additionally, the Government expects future solicitations to be issued competitively.

ICE has structured this contract as a six-month base and six one-month option periods to allow ICE sufficient time to take corrective action on a competitively awarded contract and transition to a new vendor, if necessary.