1.5.1-J&A 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-25-0325

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: $2,250,000.00

(c) Brief Description: ICE intends to procure, on a sole source basis, twenty-five (25)

Chevrolet Tahoe sports utility vehicles, to enhance their USC Title 8 operations, in anticipation of surge staffing requirements over fiscal year 2026 through fiscal year 2029.

ICE has identified a dealership capable of fulfilling the full requirements.

Hendrick Motorsports LLC.

4400 Papa Joe Hendrick Blvd.

Charlotte, NC 28262-5703

UEI: GH6GLNLLDX99

CAGE/NCAGE: 7FGY6

Expiration date in SAM.gov: 3/23/2026

3. Description of Supplies/Services.

The scope of this acquisition is for twenty-five (25) Chevrolet Tahoe sports utility vehicles.

This requirement is to support the OAFM with increasing their fleet inventory to be utilized for the purpose of supporting newly recruited individuals 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, as well as the Presidential Executive order Restoring Law and Order in the District of Columbia. The procurement of marked law enforcement vehicles is critical to ensure newly recruited officers/agents are fully equipped and operational without delay.

Period Time Total Base 10 Days $2,250,000.00

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

Total $2,250,000.00

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 twenty-five (25) Chevrolet Tahoe sports utility 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.

With the passage of HR.1 One Big Beautiful Bill Act (OBBBA) statute and the Presidential Executive Order Restoring Law and Order in the District of Columbia, ICE was tasked with increasing our workforce and creating an ICE law enforcement presence. Urgency is warranted as these vehicles must be deployed to the streets immediately to provide a visible law enforcement presence, support public safety operations, and reinforce recruitment efforts.

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

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304 needed, they are unable to fulfill our agency’s’ requirement. Consequently, on August 14, 2025, GSA issued a formal exemption authorizing ICE to procure the required 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 method/strategy must be pursued to meet mission-critical timelines. FAR 6.302-2 which permits sole source procurements when 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 that they are not able to fulfill the need within the required timeframe, necessitating this exception to full and open competition.

Hendrick Motorsports LLC. 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, Hendrick Motorsports LLC. can provide the vehicles without delay. Given the critical need to support ongoing recruitment efforts, proceeding with Hendrick Motorsports LLC. 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 delays to ICE’s ability to secure the required twenty-five (25) sport utility vehicles, hindering operational readiness and limiting the agency’s capacity to effectively support USC Title 8 operations. This could directly impact mission success in meeting the anticipated surge in staffing requirements from 2026 through 2029.

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

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304 immediate availability, and proven ability to meet all technical specifications and delivery requirements, this can only be achieved through Hendrick Motorsports LLC.

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 cost to the Government will be fair and reasonable based on a comparison of the proposed pricing offered on other commercially available Chevrolet Tahoe sports utility vehicles with the identical specifications.

8. Description of market research.

Market research was conducted in response to the ICE Deputy Directors request for the immediate purchase of twenty-five (25) sports utility vehicles sent to OAFM Fleet on Monday, August 11, 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 immediate required deadline.

ICE OAFM Fleet has received approval to obtain these requirements outside of GSA strategic sourcing program. A single valid SAM.gov registered dealership has been identified outside of the Washington, DC metropolitan area with current inventory that meets the requirements.

Market research efforts included outreach to multiple vendors; however, the number of responses received varied, and while both small and large businesses were considered, only one vendor was ultimately able to meet ICE’s full requirement in the necessary timeframe. In particular, only one vendor had the inventory to fulfill the delivery window and had an active registration in SAM.gov, a prerequisite for conducting business with the Federal Government. According to SAM.gov, registration can be completed in a minimum of 10 business days, which eliminated any vendor who was not already registered in SAM.

Although a synopsis was not issued on SAM.gov, and market research identified several dealerships with available sport utility vehicles, none were pre-wired as required for upfitting of law enforcement vehicles or registered in SAM.gov, a prerequisite for conducting business with the federal Government. Only one dealership, Hendrick Motorsports LLC. demonstrated the capability to meet the required vehicle specifications and the urgent delivery timeframe.

Based on the market research findings, and urgency of the requirement, the recommended acquisition strategy for this procurement is the open market, under FAR Part 13 (simplified acquisition procedures), utilizing a sole source justification in accordance with FAR 6.302-2 due to the unusual and compelling urgency. Other recommended contract vehicles, such as GSA - FAR Part 8, NASA SEWP – FAR 16, or other Governmentwide acquisition contracts (GWACs) were not viable. More specifically, GSA is the mandatory source for such procurements; however, GSA confirmed that, given the timeframe in which the vehicles are needed, they are unable to fulfill our ICE’s requirement. Consequently, on August 13, 2025, GSA issued a formal exemption authorizing ICE to procure vehicles outside of the

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304 mandatory source. Other than GSA, none of the other Government contract vehicles or sources listed above has an existing contract in place to support this type of procurement.

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

ICE OAFM Fleet met with GSA, to explore options for purchasing these vehicles through the mandatory source. However, during the meeting ICE and GSA determined that the procurement timeline is the primary driver for this sole source action, as there are currently no mechanisms in place to achieve a faster turnaround than what is already available through GSA for Government vehicle purchases.

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

Although many dealerships were canvased, no dealerships were able to meet the specifications of this requirement in the necessary 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).

12. 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

13. 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.

Digitally signed by Date: 2025.08.15 11:17:04 -04'00'