05.04_P00018_J&A_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

Justification For Other Than Full And Open Competition

41 U.S.C. 3304

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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 6.303-1. 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 Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management proposes to modify a contract on behalf of ICE Enforcement and Removal Operations, ICE Health Service Corps on a basis of other than full and open competition.

2. Nature and/or description of the action being approved.

(a) Type of action: Modification to HSCETC-16-D-00002

(b) Amount of the current J&A: $23,940.00

(c) Brief Description: OAQ intends to procure, on an immediate, unusual, and compelling basis, teleradiology services for x-ray studies “other than Chest X-Rays for tuberculosis (TB) testing” to meet social distancing requirements for COVID-19 for a period of no more than one (1) year from the following vendor:

Xrad Tele-Services Inc.

1832 Via Allena Oceanside, CA 92056

3. Description of Supplies/Services.

The current teleradiology contract procures a coordinated, comprehensive system for the provision of TB teleradiology-screens. The contractor provides delivery, installation, testing, maintenance, and training of on-site IHSC personnel in the operation of an x-ray equipment to take chest-x-rays. ICE urgently requires to modify the current Teleradiology Contract with X-Rad Tele-Services to include “other than Chest X-Rays for tuberculosis screening” to be provided for all locations allowed on the current contract.

Description of Work Time Period

Unit Price Quantity Total

Teleradiology Services (Other Than Chest- X-rays) 12 months $23,400.00

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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 as implemented by:

FAR Subsection 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

6.302-2: Unusual and compelling urgency.

6.302-3: Industrial mobilization; engineering, development, or research capability; or expert services.

6.302-4: International agreement.

6.302-5: Authorized or required by statute.

6.302-6: National security.

6.302-7: Public interest.

Following direction to reduce the exposure of COVID-19, the period of performance limitation for this action will be while social distancing practices are recommended, but no longer than one year from April 11, 2020.

5. Demonstration that the nature of the acquisition requires use of the authority cited.

The President of the United States issued a proclamation declaring a national emergency on March 13, 2020, due to the novel Coronavirus disease (COVID-19) outbreak. The spread of COVID-19 within our nation’s communities threatens to strain our healthcare systems. To combat the spread of COVID-19, the Centers for Disease Control and Prevention has issued guidance to limit face-to-face contact with others, a term known as “physical” or “social distancing”. In addition, most states and/or localities have issued orders mandating that all people stay-at-home to minimize interpersonal contact. Orders have also been made in many states to delay elective medical care and procedures. Many community medical providers are limiting their scope of operations.

As currently configured, the teleradiology contract for ICE detention facilities only allows chest x-rays to assess for the presence of tuberculosis, and/or to assess for detainee response to tuberculosis treatment. The current practice for all other x-rays is to utilize off-site communication radiology resources to obtain x-ray images for clinical indications that do not involve tuberculosis screening or treatment. Despite the COVID-19 pandemic, ICE detainees will still require additional x-ray imaging (other than chest x-rays for tuberculosis testing) to assess a detainee’s medical condition and determine the need for additional therapy. Some examples of necessary x-rays include assessing the impact of trauma (e.g., the presence of broken bones), assessing broken bones for proper healing, verifying nasogastric tube

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Page 1 of 5 Version 1.2 placement for detainees engaged in hunger strikes who require court ordered involuntary feeding, and assessing for a lung infection or the presence of fluid in the lungs due to congestive heart failure. For ICE detainees in detention facilities, the detention facility staff, health staff in the community, and patients in community hospital waiting areas are one of the three primary sources that may introduce COVID-19 infections to our detainees. By minimizing all such contact to the highest degree possible and modifying the contract to allow ICE to utilize the teleradiology services for other than tuberculosis screening, ICE can limit the impacts of COVID-19 spread in our detainee and staff population.

In addition, COVID-19 affects the lungs causing a viral pneumonia. An on-site radiologic technologist is currently employed at our sites with teleradiology and is capable of performing these non-tuberculosis related x-ray studies. Allowing our medical providers to order a chest x-ray and utilize the on-site equipment for a detainee exposed to the COVID-19 virus would greatly facilitate our staff’s ability to provide necessary care during this pandemic and minimize the burden of using community medical resources unless absolutely necessary.

The only other alternative is to continue to utilize off-site community radiology resources to obtain x-ray images for clinical indication that do not involve tuberculosis screening or treatment. Community radiology practices are limiting services which requires ICE staff to identify other radiology practices still open and competing with other patients for this resource. This alternative puts a great risk that detainees will be exposed to COVID-19 from community health staff and patients. If they become infected, the infection can spread within the facility. A COVID-19 outbreak has the ability to cripple a detention facility; potentially leading to a decrease in detention facility security, infection of staff and detainees, increased anxiety and stress among the staff and detainees which has the ability to create a unsafe living environment, and at worst, death to staff or detainees who are infected.

The current national emergency situation related to COVID-19 pandemic does not permit normal full and open competition. If a new vendor were to perform the services, they would need to physically set up machines in all 13 locations, submit radiologists for background clearance, and provide in-person training, all of which would require excessive transition time to meet this urgent requirement and negate the intent of “social distancing.” The current contractor is uniquely qualified in that they have equipment set up in all locations, have radiologists cleared and currently working, and provided all required training. The modification to the current contract may also stop the exposure of COVID-19 immediately.

ICE Health Service Corps’ mission is to protect detainees from harm. Being able to utilize the teleradiology equipment and radiologic technologist to perform these studies is essential to provide optimal timely care to our detainees and limit their exposure to others with potential COVID-19 infection. By modifying the contract to allow teleradiology services for other than tuberculosis screening, ICE will be able obtain necessary x-ray images which will greatly facilitate the provision of medical care while minimizing exposure risks. It is in the Government’s best interest and upmost importance to minimize the risk of COVID-19 exposure to staff and detainees by modifying the contract.

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

OAQ does not intend to publicize this requirement, prior to award, in accordance with FAR 5.201(b)(1)(ii).

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the price is fair and reasonable. X-Rad Services has confirmed that the current price for Chest X-Rays can be utilized for reading Other Than Chest X-Rays. The price is determined fair and reasonable based on comparison to similar prices for similar services.

8. Description of market research.

Market research was conducted for this requirement. There are an adequate number of vendors who can perform these services; however, ICE has determined that only XRad Tele- Services has the capability to provide these teleradiology services in the timeframe required and while reducing public exposure to COVID-19. If a new vendor were to perform the services, they would need to physically set up machines in all 13 locations, submit radiologists for background clearance, and provide in-person training, all of which would require excessive transition time to meet this urgent requirement and negate the “social distancing” requirements for COVID-19. X-Rad Tele-Services contractor is uniquely qualified in that they have equipment set up in all locations, have radiologists cleared and currently working, and provided all required training. Xrad Tele-Services is the only vendor able to perform these services in an adequate timeframe.

9. Any other facts supporting the use of other than full and open competition.

Not applicable.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

As of this date, no sources have expressed any interest in this acquisition.

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 current contract ends in October 2021. A Request for Infrmation (RFI) has been posted online to identify sources for the current contract’s eventual recompetition. The Statement of Work (SOW) does contain requires for teleradiology services for tuberculosis screening as well as other than tuberculosis screening. The recompetition will be open to competition and will eliminate the need for this justification and approval if awarded prior to the end date of the current contract.

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After award of this action, DHS intends to post the approved/signed justification pursuant to 6.305.

12. 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.

April 8, 2020 __________ Date

Technical Representative

13. Contracting Officer’s Certification and Approval.

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.

Brittany Tobias Date Contracting Officer

Digitally signed by BRITTANY M TOBIAS Date: 2020.04.08 15:08:24 -04'00'