OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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J&A-26-0146

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 hybrid type contract with both Firm-Fixed Price (FFP) and Cost Reimbursable (CR) Contract Line Item Numbers (CLINs) on behalf of the Enforcement, Removals, and Operations Division (ERO) on a basis of other than full and open competition.

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

(a) Nature of action:

OAQ intends to procure, on a sole source basis, comprehensive Operational Support Aircraft Maintenance (OSAM) based on ERO’s Statement of Objectives (SOO). DHS has an urgent need for the establishment of a performance-based, multi-mission OSAM contract utilizing Government Furnished Aircraft (GFA) under a Government-Owned, Contractor-Operated (GOCO) construct. The Contractor shall maintain two (2) C-37B equivalent Gulfstream 650ER GFA to support and maintain airworthiness. The Contractor shall provide maintenance and minimal operational support for inter-agency aircraft use agreement missions upon receipt of written authorization from DHS and confirmation of funding arrangements from the requesting agency. The Government requires the Contractor to deliver and maintain a safe, compliant, mission-ready aviation enterprise that operates with transparency, discipline, and enterprise-level governance.

This requirement will provide the personnel, engineering services, and supply chain management necessary to ensure continuous airworthiness of all aircraft. The Contractor will support comprehensive scheduled and unscheduled maintenance in alignment with OEM guidance, airworthiness directives, and other FAA regulatory requirements. At the time of award, the Contractor is expected to operate and maintain a mixed fleet of Government Furnished Aircraft (GFA), consisting of two (2) C-37B (or equivalent) Gulfstream 650ER aircraft

The contract will have a period of performance of May 20, 2026, through June 19, 2026, with a one-month option period that, if executed, could extend the PoP through July 19, 2026. DHS originally utilized these aircraft through charter flights procured under the DHS Comprehensive Support to Removal Operations (CSRO) IDV 70RDA225D00000005; however, once the aircraft were purchased by DHS, the operations and maintenance of these aircraft was not immediately considered. Since DHS has taken ownership of these aircraft, six-week contract 70QS0326C00005045 was awarded for O&M; that contract ended last week. The critical issue that warrants a sole source award is the requirement of maintaining the aircraft. Aircraft become non-air-airworthy in short order and can endure significant damage if they are not regularly

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Page - 2 - of 8 maintained, started, and flown. While the aircraft are owned/possessed by the Government, the proposed sole source vendor below currently houses (parked and stored) the aircraft with the seven aircraft they utilize under the DHS CSRO IDV contract.

(b) Name and Address of Contractor:

Salus Worldwide Solutions Corp 1616 Fort Myer Drive, Suite 1600 Arlington VA 22209

UEI #: EA4VD72SB1W3

(c) Contract Type:

New award of a Hybrid type contract with FFP and CR CLINs

(d) Estimated Total Value:

Period CLIN Estimated Amount

Base

0001A: C37B-1 Fixed Maintenance Oversight $1,279,368.00 0001B: C37B-1 Maintenance Flight Hour $790,000.00 0001C: C37B-1 Other Direct Costs: $1,500,632.00 0001D: C37B-1 Fixed Ownership Amounts - 0002A: C37B-2 Fixed Maintenance Oversight $1,279,368.00 0002B: C37B-2 Maintenance Flight Hour $790,000.00 0002C: C37B-2 Other Direct Costs: $1,500,632.00 0002D: C37B-2 Fixed Ownership Amounts -

Base Period Total $7,140,000.00

Option Period 1

1001A: C37B-1 Fixed Maintenance Oversight $1,279,368.00 1001B: C37B-1 Maintenance Flight Hour $790,000.00 1001C: C37B-1 Other Direct Costs: $1,500,632.00 1001D: C37B-1 Fixed Ownership Amounts - 1002A: C37B-2 Fixed Maintenance Oversight $1,279,368.00 1002B: C37B-2 Maintenance Flight Hour $790,000.00 1002C: C37B-2 Other Direct Costs: $1,500,632.00 1002D: C37B-2 Fixed Ownership Amounts -

Option Period 1 Total $7,140,000.00 Estimated Total Value: $14,280,000.00

(e) Type of funding: ICE OB3 Funding. This contract is excepted from the Antideficiency

Act (ADA) under the emergency exception in the DHS ADA exception memo, which allows obligations beyond appropriations to protect human life in urgent situations. DHS may obligate funds for this requirement under 5 U.S.C. 5522(a), with reimbursement from the State Department, consistent with the ADA emergency exception.

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(f) Year of funding: Fiscal Year (FY) 2026

3. Description of Supplies/Services.

DHS has an immediate requirement for routine and non-routine maintenance support, aircraft readiness activities, maintenance coordination, discrepancy resolution, inspection support, and limited flight activity necessary to validate maintenance actions or aircraft systems performance. Key activities supported through this contract include:

1. Maintenance, Engineering, and Airworthiness Support:

The Contractor will ensure the fleet maintains continuous airworthiness, high operational readiness, and optimized lifecycle sustainment, while minimizing mission disruption through proactive maintenance planning and responsive technical support.

2. Management, Staffing, and Operation of Aircraft:

Maintenance activities shall be conducted in accordance with applicable regulatory requirements, aircraft technical data, manufacturer guidance, maintenance program requirements, Government direction, and aircraft-specific readiness priorities. The Contractor shall provide the personnel, management oversight, procedures, coordination mechanisms, and technical support necessary to safely and effectively maintain the aircraft in an appropriate readiness posture throughout the period of performance. To meet this requirement, the Contractor shall perform the following:

a. Providing qualified pilots to support maintenance-related flights, functional check flights, test flights, repositioning flights, post-maintenance validation flights, and other limited flight activities required to maintain or validate aircraft readiness

b. Support the test flight required for one of the G650 ER aircraft to complete secure communications accreditation with DHS/CIO.

c. Provide qualified maintenance personnel and technical subject matter experts to coordinate, support, and implement scheduled and unscheduled maintenance activities for the two G650ER aircraft.

d. Conduct maintenance coordination, discrepancy tracking, inspection support, servicing support, return-to-service planning, and readiness validation activities in accordance with applicable aircraft technical data, maintenance requirements, and Government direction.

e. Provide program management personnel to coordinate maintenance priorities, track mission-critical milestones, support Government reporting requirements, and ensure timely execution of OSAM activities during the PoP.

f. Coordination between the Government, aircraft maintenance providers, OEM representatives, avionics providers, secure communications stakeholders, and other authorized parties, as required, to support aircraft readiness and completion of required maintenance or accreditation-related activities.

3. Safety, Compliance, and Airworthiness:

GFA will be maintained in accordance with applicable DHS-specific Flight Program Standards. When performing test, maintenance, Government personnel transportation, or other domestic activities, such operations will be conducted as Public Aircraft Operations (PAO) pursuant to 49 U.S.C. §§ 40102(a)(41) and 40125. For missions conducted under these designations, aircraft will be maintained in accordance with Part 91 before and after

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Page - 4 - of 8 each operation. Flight safety standards will conform to DHS Flight Program Standards.

To ensure continued airworthiness and operational safety all aircraft modifications, including the integration of secure communications systems, will comply with approved engineering data and FAA Supplemental Type Certificate (STC) processes, unless otherwise reviewed and approved by the appropriate Government authorities.

4. Reporting, Data Management, and Operational Transparency The Contractor shall provide transparent, accurate, and timely reporting in accordance with mutually agreed upon contract deliverables to ensure continuous Government situational awareness, effective oversight, and informed decision-making.

4. Identification of statutory authority permitting other than full and open competition.

This justification is prepared pursuant to 41 U.S.C. 3304(a)(2), implemented by FAR 6.302- 2, Unusual and Compelling Urgency, which permits contracting without providing for full and open competition when the Government’s need for supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured, financially or otherwise, unless the agency is permitted to limit the number of sources from which it solicits proposals. This maintenance requirement facilitates safe, timely, and efficient air transportation through full aircraft servicing to ensure future readiness in support of missions, as directed by DHS.

The 150-day period of performance limitation at HSAR 3006.103-2(c)(70)) (HSAR Class Deviation 25-01) applies to this procurement.

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.

5. Identification of Exception to the Buy American Statute

Not Applicable

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

(a) Rationale for using the authority cited in section 4 of the J&A.

The unusual and compelling urgency in this case is not from a natural disaster, act of terrorism, or other man-made disaster; rather, the compelling urgency is from the U.S.

President’s declaration of a national emergency to remove dangerous illegal aliens who have entered the U.S. without proper legal authority. The urgent need to award this contract is driven by substantial risks and ongoing threats to the homeland pending increased level of removal and deportation requirements as well as the inability to properly operate or maintain these GFA without a maintenance contract in place. The time required to perform a competitive solicitation at this time could cause irreparable damage to the existing fleet of aircraft.

The authority that applies to this justification is FAR 6.302-2: Unusual and compelling urgency due to the immediate need for maintenance on this existing fleet of Government Owned Aircraft. Without sufficient maintenance, the aircraft will quickly fall into disrepair, become non airworthy, and will significantly impact the operational mission of ERO. The planned contract period of performance of a one-month base period with an available one-month option period allows sufficient time to work toward a competitive solicitation for a more permanent solution in accordance with FAR 6.302- 2(d).

(b) Details covering what events lead to the situation requiring use of other than full and open competition There are multiple events that have required the use of other than full and open competition. With the short-term O&M contract expiring last week, the two aircraft mentioned as part of this requirement need continued maintenance to remain airworthy. Aircraft need to be started at least every 3 days to ensure proper oil lubrication of the engine, among other things. Having two aircraft fall into disrepair while a maintenance contract is competed would inhibit required operational missions.

(c) Alternatives Considered and Why They Will Not Work:

Under the current circumstances, alternatives to the proposed sole-source action were considered and determined to be unworkable given the urgency of the requirement.

Conducting a full and open competition, or even a limited competition among multiple vendors, would introduce delays incompatible with the immediate need for comprehensive operational support for ICE ERO and other Agency and Governmental Support missions. In sum, none of these alternatives can provide the rapid, integrated, and secure aviation capability required to meet the immediate mission needs without incurring unacceptable operational risk.

(d) Impact to the Mission if the J&A Is Not Approved:

Under these circumstances, failure to approve this J&A would directly and severely impact DHS’s ability to maintain the two C-37Bs owned by the Government. Without the ability to rapidly award this requirement, the DHS owned aircraft would quickly become non-airworthy and would have to be removed from active service. There would

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Page - 6 - of 8 also be additional cost to get the aircraft back to operational readiness. In addition, without this award, DHS would lack coordinated logistical and operational support which would severely degrade the government’s ability to execute complex, time-sensitive travel and engagement requirements. The absence of comprehensive support would compromise continuity of operations and the ability to maintain secure, reliable communication throughout mission execution. Without properly integrated logistical and technical support, communications systems may not be fully operational, redundant capabilities may not be assured, and the ability to respond to emerging threats or rapidly evolving situations could be significantly diminished.

Salus Worldwide Solutions Corp.’s established readiness framework for operating and the capability to scale to a dual-aircraft construct to include the Gulfstream 650ERs positions them as uniquely capable of delivering these critical services within the required timeframe.

Due to the urgent nature of this requirement, only Salus Worldwide Solutions Corp.’s capability of immediate mobilization, established operational control infrastructure, and rapid surge expansion can meet DHS’s timeline without unacceptable delay. The time required to conduct full and open competition or a limited competition would result in unacceptable delays. Immediate operational capability is required to protect human life and safeguard national interests.

7. Description of Efforts Made to Ensure That Offers Are Solicited from as Many

Potential Sources as Practicable.

The proposed contract action was not publicized in accordance with FAR 5.202(a)(2), whereas this contract action is unusual and compelling urgency and precludes competition to the maximum extent practicable, and the Government would be seriously injured if the agency complies with the time periods specified pursuant in FAR 5.203. Given the unusual and compelling urgency of this requirement, the Government did not seek competition due to the extent necessary to meet immediate life-safety and mission timelines. Under current conditions, pursuit of full and open competition or broader solicitation to limited sources would introduce consequential delays that are incompatible with the urgent and compelling need to provide maintenance support for the existing fleet of GFA. Consistent with the requirements of the cited authority, the Government will, to the maximum extent practicable, seek to expand consideration of additional responsible sources for any follow-on or longer-term requirements once the immediate emergency has stabilized. At that time, DHS may solicit capability statements from other potentially qualified vendors to support subsequent phases of the effort or to establish a more enduring contract mechanism.

☐ 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) exception: FAR 5.202(a)(2)

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

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. The proposed contract structure utilizes firm-fixed-price CLINs for maintenance oversight, maintenance flight hours, and fixed ownership amounts, combined with cost reimbursement of actual incurred Other Direct Costs (exclusive of profit), which aligns Contractor compensation with verifiable costs and defined performance outputs.

ERO constructed an IGCE based on historical pricing of the short-term contract that expired last week, 70QS0326C00005005, utilizing a similar pricing structure. This historical pricing will be utilized to ensure a fair and reasonable price prior to contract award.

9. Description of Market Research.

Market research was conducted by DHS including, but not limited to, reviewing internal and commercial sources to the extent practicable under the circumstances. This review included analysis of known vendors, existing contract vehicles, and available information on providers with relevant contingency aviation and aircraft operations experience. However, due to the urgent, life- and time-sensitive nature of the requirement, formal, comprehensive market research sufficient to support full and open competition could not be completed without jeopardizing mission timelines and increasing risk to personnel in life threatening environments. The market research that was conducted indicates that only Salus Worldwide Solutions Corp. possesses the necessary combination of established operational readiness infrastructure and demonstrated aircraft operations experience to immediately meet this requirement.

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

None. All relevant facts have already been discussed.

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

No sources expressed written interest in this acquisition. Market research revealed that Salus Worldwide Solutions Corp. is capable of meeting the immediate need of DHS-specific requirements for these services.

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.

DHS will reassess this requirement following stabilization of the immediate crisis to determine whether a competitive acquisition strategy is feasible for any extended or follow-on effort.

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

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

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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13. Contracting Officer’s Certification.

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.

Contracting Officer Date

14. 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.

Technical Representative/COR Date

15. Approval.

Note: When the Contracting Officer is not the approving official, choose only one approving official below.

Head of Contracting Activity / Date Competition Advocate

Note: Competition Advocate is the approving official when the action exceeds $750K but does not exceed $15M and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest, regardless of dollar amount.

MATTHEW J CARNES

Digitally signed by MATTHEW J

CARNES

Date: 2026.05.19 08:23:30 -04'00'

STEPHEN W TAITANO Digitally signed by STEPHEN W TAITANO Date: 2026.05.19 05:53:37 -07'00'