1.5.1_JOFOC_NDS_FINAL 3.21.2022.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

- 1 - | P a g e

J&A-22-0039

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.

This 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 award a contract on behalf of Enforcement and Removal Operations (ERO) 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 contract

(b) Amount of the current J&A: Approximately $10 million

(c) Brief Description: OAQ intends to procure on a sole source basis, communication services for non-citizens in ICE custody nationwide.

The service provider is:

Talton Communications, Inc. (Talton) 910 Ravenwood Dr.

Selma, AL 36701-6723

3. Description of Supplies/Services.

ICE has a mission critical requirement to continue providing uninterrupted communication services for the ~21,000 non-citizens in its custody.

The services include all hardware, software, wiring, network connectivity and maintenance support for noncitizen communications services with access to over 5,000 traditional phones including privacy enclosures; over 7,000 tablets for expanded communication services and other customized features.

Services also include free telephone access through a pro bono legal network for all those in ICE custody at contractor-owned detention facilities (CDF), ICE-owned service processing centers (SPC), and dedicated intergovernmental service agreement (D-IGSA) facilities. sState and local facilities operating under intergovernmental service agreements (IGSA), have local independent telephone services provided by inmate telephone contractors, through direct contract between the IGSA and the inmate telephone provider. All IGSA facilities have access to the ICE pro bono legal network. Temporary holding facilities have telephone communication services, including the ICE pro bono legal network.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

- 2 - | P a g e

Additionally, the service provider shall provide the required services and maintain compliance with the following conditions:

• All federal, state and local regulatory requirements (e.g., Federal Communications Commission regulations, state Public Utilities Commission requirements),

• ICE/ERO Detention Standards for Telephone Access (Performance Based National Detention Standards PBNDS 2011 with 2016 Revisions as applicable),

• American Correctional Association (ACA) Standards

The estimated value of this action is $10 million for six and a half (6.5) months period of performance.

PERIOD PERIOD OF

PERFORMANCE

IGCE

6.5-Month April 13, 2022 to October 31, 2022

$10,000,000

The IGCE is based on monthly average invoices of $1.5M

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 In accordance with limitation at FAR 6.302-2(d).

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

At this time, there is no other source capable of providing the immediate mission service requirements and compliance with the conditions referenced above. The current contractor, JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

- 3 - | P a g e

Talton Communications, Inc. (Talton), is uniquely positioned to continue operations and management of the ICE/ERO non-citizen communication services nationwide, while ICE prepares a re-competition of the procurement.

Talton has the infrastructure in place at 39 ICE facilities and currently installed over 4,000 stainless steel telephones with privacy enclosures and 7,000 wireless tablets and charging stations. The services provided by Talton is critical to non-citizens access to legal representation and communication to family members.

At approximately 300 facilities, Talton has implemented a unique pro bono platform that allows non-citizen access to the platform that includes over 2,000 approved attorney telephone numbers, embassies, consulates, approved legal aid agencies, ICE immigration service helplines, and court-ordered settlement contact numbers.

In light of COVID-19 pandemic, social and attorney visitation has been limited at facilities and the agency currently provides non-citizens 520 minutes of phone services per month.

Award of the proposed action ensures the continuity of services. Talton has the ICE mission-required equipment, infrastructure, and comprehensive system for domestic collect, prepaid collect, debit and international debit calls. Additionally, Talton’s tablets provide enhanced telecommunication features including video visitation and controlled electronic messaging services compatible with ICE’s communication system.

In the short-term, the contracting officer has determined that issuing this 6.5-month contract is in the best interest of the Government. Talton continues to adapt to the evolving conditions and is the only contractor capable of performing consistent, reliable and uninterrupted services while ICE’s competition efforts are underway.

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 beta.SAM.gov on 03/29/2022.

☐ OAQ does not intend to publicize this requirement, prior to award, based on the following 5.202(a) exception: [See FAR 5.202(a) and select one of the 14 exceptions allowed for not publicizing on beta.SAM.gov.

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

8. The Contracting Officer has determined that the anticipated price will be fair and reasonable, as the 6.5 month contract will use the current contract pricing which was already determined to be fair and reasonable.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

- 4 - | P a g e

Description of market research.

ICE posted a request for information (RFI) to beta.SAM.gov on January 14, 2022 and closed on January 26, 2022. The purpose of this RFI was to elicit feedback from all interested parties and identify contractors capable of performing telephone services for non-citizens.

In response to that market research, ICE received three (3) responses from small businesses:

Talton, ICSolutions, and Correct Solutions Group (CSG). Talton, the incumbent, demonstrated it is capable of providing communication services on an immediate basis.

ICSolutions and Correct Solutions Group (CSG) may be capable of providing the subject services, but they would require a transition period to do so. Therefore, Talton is the only contractor capable of immediately providing communication services.

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

None.

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

• Talton Communications - Incumbent

• ICSolutions

• Correct Solutions Group

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 upcoming procurement for communication services will provide fair opportunity to industry.

☒ 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).

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

- 5 - | P a g e

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.

Digitally signed by NATASHA T

NATASHA T NGUYEN NGUYEN

Date: 2022.03.09 08:01:01 -08'00'

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.

FELECIA A

JOHNSON

Digitally signed by FELECIA A

JOHNSON

Date: 2022.03.09 07:37:13 -05'00'

Technical Representative/COR Date

14. Approval.

Over $700,000 but not exceeding $13.5 million Date Procuring Activity Advocate for Competition [And any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.]

Over $13.5 million but not exceeding $68 million Date Head of Contracting Activity [And any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.]