1.5.1-J A GMC Yukon AT4 Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

J&A-25-0271

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 (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of Office of Asset and Facilities Management (OAFM) on a basis of other than full and open competition.

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

(a) Type of action: Firm-Fixed-Price (FFP); Purchase Order

(b) Amount of the current J&A: $200,000.00

(c) Brief Description: ICE intends to procure, on a sole source basis, 2 GMC Yukon AT4 vehicles, for recruiting purposes. ICE has located a local Washington DC dealership with the requirements.

Hertrich Fleet Services Inc 1427 Bay Road Milford, Delaware 19963-6129, United States

UEI: KD4STPJEHDE6

CAGE/NCAGE: 5N7G1

NACIS: 441110

Expiration date in sam.gov: 04/25/2026

3. Description of Supplies/Services.

The scope of this acquisition is for two (2) GMC Yukon AT4 vehicles. This requirement is to support the OAFM with increasing their fleet inventory to be utilized for the purpose of recruiting individuals, over the next two fiscal years, in the positions of Inspection, Investigation, Enforcement, and Compliance Officers, and Enforcement and Removal (ERO) Deportation Officers, under code 1801, as well as Criminal Investigator, and Homeland Security Investigation (HSI) Investigators, under position code 1811. This requirement is fully supported by USC Title 8 and HR.1 One Big Beautiful Bill Act (OBBBA) statute.

Period Time Total Base 3 Days $200,000.00

Total $200,000.00

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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.

This requirement does not facilitate the response to or recovery from a natural disaster, act of terrorism, or other man-made disaster. The applicable period of performance limitation for this requirement is FAR 6.302-2(d).

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

ICE/OAQ intends to procure two (2) GMC Yukon AT4 vehicles. Pursuant to FAR 6.302-2: The agency’s need for the services is so urgent and compelling that providing full and open competition would result in unacceptable delays and seriously hinder the Government’s recruiting initiative.

Currently, there is a GSA Strategic Sourcing Vehicle in place for such procurements;

however, GSA has confirmed that, given the timeframe in which the vehicles are needed, they are unable to fulfill our agency’s’ requirement. Consequently, on July 30, 2025, GSA issued a formal exemption authorizing ICE to procure the vehicles outside of the mandatory source. Due to the urgent and time-sensitive nature of this requirement, alternative sources are not feasible, as they are unable to meet the immediate delivery timeline critical to ICE’s operational needs. Competitive procedures would result in unacceptable delays and fail to ensure the timely acquisition of the required vehicles.

As a result, the sole source procurement methods/strategy must be pursued to meet mission-critical timelines. FAR 6.302-2 which permits sole source procurements when

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304 the Government need for the supply or service is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. In this instance, GSA has confirmed their inability to fulfill the need within the required timeframe, necessitating this exception to full and open competition.

Hertrich Fleet Services Inc is uniquely positioned to fulfill this requirement within the necessary timeframe, having confirmed immediate availability of vehicles that fully meet ICE’s specifications. Unlike other sources consulted, including GSA, which are unable to meet the urgent delivery schedule, Hertrich Fleet Services Inc, can provide the vehicles without delay. Given the critical need to support ongoing recruitment efforts, proceeding with Hertrich Fleet Services Inc as the sole source vendor is both justified and in the best interest of the Government.

Failure to approve this J&A request will result in significant disruption to ICE’s recruitment efforts. These vehicles are essential for transporting staff and materials for recruitment events, career fairs, and recruitment initiatives across multiple locations.

Without timely access to these resources, our ability to attract and onboard qualified candidates will be severely hindered, ultimately impacting the agency’s ability to fulfill its mission.

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

OAQ intends to publicize this requirement, prior to award, as required by subpart 5.2 by posting a notice on sam.gov on _________________(insert month/day/year)].

OAQ does not intend to publicize this requirement, prior to award, based on the following 5.202(a)(2).

The intent of this procurement is to ensure that only the most reliable vehicles are acquired by ICE within the required timeframe to support mission critical activities. Given their immediate availability, and proven ability to meet all technical specifications and delivery requirements, this can only be achieved through Hertrich Fleet Services Inc.

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

The Contracting Officer (CO) determines that the anticipated that the cost to the Government will be fair and reasonable based on a comparison of the proposed pricing offered on other commercially available GMC Yukon AT4 vehicles with the identical specifications.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

8. Description of market research.

Market research was conducted in response to the ICE Deputy Directors request for the immediate purchase of up to four (4) light duty vehicles sent to OAFM Fleet Saturday July 26, 2025. As GSA is the mandatory source for the procurement of all non-tactical vehicles per 41 CFR 101-26.501 the timeline allotted will require ICE to obtain these requirements outside of GSA to meet the deadline of August 1, 2025.

ICE OAFM Fleet has received approval to obtain these requirements outside of GSA from GSA. A single valid sam.gov GMC Dealership within the Washington, DC metropolitan area has been identified as it has the current inventory that meets the requirements.

GMC Yukon AT4s present the look and feel of full off-road capable vehicles and can be deployed to any ICE location ready to operate to support the USC Title 8 mission and HR 1 OBBBA recruiting. Therefore, only two (2) GMC Yukon AT4s were selected as they meet the ICE requirements.

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

ICE OAFM Fleet met with GSA on July 28, 2025, to request options of to purchase these through the mandatory source. However, during the meeting it was determined by ICE and GSA that the timeline to procurement is the primary driver behind this sole source as there are currently no mechanisms in place to allow for less than a week government vehicle purchase through GSA.

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

Although a synopsis was not issued on sam.gov, market research efforts identified several dealerships that expressed an interest in writing to the Contracting Officer. However, only Hertrich Fleet Services Inc demonstrated the ability to meet both the required vehicle specifications and the urgent delivery timeframe.

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.

To promote future competition, the agency will consider the reliance on advanced acquisition planning to allow for sufficient lead time in subsequent procurements. This may include earlier market research, coordination with GSA, and forecasting future vehicle needs to enable competitive procedures when urgency is not a limiting factor.

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

After award of this action, DHS does not intend to post the approved/signed justification in accordance with 6.305(f).