1.5.1-LSJ_JA-24-0115_FINAL_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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J&A-24-0115

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of the Enforcement and Removal Operations (ERO), proposes to award three task orders pursuant to FAR 8.405-6(a), Limiting Sources.

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

(a) Type of action: Firm-fixed price task order

(b) Amount the current J&A is justifying: $48,889,173.92

(c) Brief Description: OAQ intends to procure on a sole source basis, continued armed Detention Officer (DO) transportation services in support of ERO, Los Angeles Field Office (LOS), San Francisco Field Office (SFR), and Phoenix Field Office (PHO) Areas of Responsibility (AORs) from the following vendor:

G4S Secure Solutions (USA) Inc. (G4S) 1395 University Blvd

Jupiter, FL 33458-5289

3. Description of Supplies/Services.

The requirement for armed Detention Officer (DO) services is to provide, operate, and manage the day to day ground transportation and guarding of noncitizens in ICE custody within the San Francisco, Los Angeles and Phoenix AORs to and from service processing centers, detention facilities, Ports of Entry/Exit, release locations, airports, jails, prisons, court houses, juvenile centers, hospitals and other points as needed to fulfill the mission.

Providing transportation services requires highly specialized knowledge of procedures and processes for providing detention officer (transportation) services and the most recent Performance Based National Detention Standards (PBNDS) 2011. Transportation of ICE noncitizens is unique in that they are not considered to be inmates or prisoners, but they do require a level of security not found in commercial transportation. Security requirements outlined in the PBNDS must be strictly adhered to, so familiarity with the procedures and processes is mandatory.

The primary function of the service is to support transportation operations and may be also assigned to perform detention officer duties at medical facilities or other locations as directed by

ICE/COR.

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The anticipated task orders will be awarded with a three-month base period; three, three-month option periods, and an additional six-month extension option for transportation services at a total cost of $48,889,173.92.

3-month period

Period Time AOR Total *Base 3 mos Los Angeles $ 2,652,676.00

San Francisco $ 3,057,168.40 Phoenix $ 2,440,017,92

Total $ 8,149,862.32

Summary of 12-month plus 6-month extension

Period Time Total *Base 3 mos. $8,149,862.32 Option 1 3 mos. $8,149,862.32 Option 2 3 mos. $8,149,862.32 Option 3 3 mos. $8,149,862.32 FAR 52.217-8 6 mos. $16,299,724.64

Total $48,899,173.92

4. Authority and supporting rationale and a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Authority:

Select only one of the following circumstances justifying limiting sources pursuant to FAR 8.405-6(a)(1)(i) below and demonstrate the proposed contractor’s unique qualifications to provide the required supply or service.

☐ 8.405-6(a)(1)(i)(A) An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.

☒ 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

☐ 8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

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Rationale:

Currently, the contractual support for these services is performed from under a previous full and open competition. The award was established as a blanket purchase agreement (BPA) under Federal Supply Schedule (FFS), General Services Administration (GSA) contract no.

47QSWA18D0075, NAICS 561612.

G4S was awarded BPA no. 70CDCR18A00000002, call numbers 70CDCR23FC0000015, 70CDCR23FC0000016, and 70CDCR23FC0000017 were issued. G4S currently provides armed detention officer (DO) transportation services at the level of quality required.

Support services include, but are not limited to management, transportation, and transferring noncitizens to and from detention processing centers, ports of entry/exit, hospitals, medical appointments, and other points as needed to fulfill ICE’s mission. The period of performance of these calls currently expires on July 30, 2024. Contractor employees have already received the mandatory background checks, clearances, and extensive training necessary to perform the required services in accordance with PBNDS.

Only the incumbent vendor can provide the required mission critical guard services at the level of quality needed by the government while a new competitive procurement is being prepared for award. Those performing the highly specialized services have the requisite level of training, quality, and experience necessary; replacing the personnel at this juncture would create high operational risks to the mission and increased costs. Issuing short-term task orders under the vendor’s schedule contract to maintain continuity of operations prevents these risks.

The RFP for the new procurement was issued on a full and open basis on November 27, 2023, and closed on January 10, 2024. The effort has required extra time related to execution activities including evaluation and analyzing, review and approvals, and setting up ordering procedures for the multiple award IDIQ contract. The requirements for the new competition expanded to cover multiple AORs, scalability, and include both government-owned and contractor-owned vehicles to provide greater operational flexibility for the field offices.

The program office and OAQ did not anticipate the volume of proposals received. As a result, the number of proposals to evaluate and the source selection process impacted the procurement milestones timeline. While the new awards are being finalized, the critical nature of transportation requires continued service for noncitizens in support of ICE/ERO’s mission.

As the incumbent currently providing these services, G4S is uniquely qualified and positioned to continue providing these highly specialized services to ERO on an uninterrupted basis and allow for a smooth transition to the new award. Issuing a new solicitation and seeking a new awardee while the competitive new requirement is being executed would result in a duplication of cost, effort, and time, with very little benefit to the government. The incumbent is positioned to take responsibility for the services without impacting operations and provide the needed continuity of support. Any delay in transportation service will disrupt the mission and poses risks to noncitizens’ safety, security, LIMITED-SOURCES JUSTIFICATION

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5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The contracting officer has determined that issuing the task orders to G4S for the continuation of transportation services represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs.

These orders will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.” The current/expiring BPA was competed under the schedule contract. GSA has already negotiated fair and reasonable pricing. Discounts to these GSA schedule rates will be requested for the new orders. Additionally, prior to issuance of the task orders, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific task being ordered to determine that the total price is reasonable. The contractor’s quote will also be compared to the independent government cost estimate (IGCE).

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Market research was conducted and demonstrated that there is an adequate number of FSS vendors who can perform these services. However, no other vendors are capable of meeting the level of training, experience and quality required for these operations. It is also not feasible nor cost effective to conduct a competition for a new vendor while OAQ is already in the evaluation stage of a competitive procurement for a new award.

7. Any other facts supporting the limited-sources justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

G4S has experience with transportation services with ICE in multiple states since 2012. DOs are licensed and trained, firearms qualified, uniform ready, and they have knowledge of ICE PBNDS and ERO’s needs and mission. As the incumbent, they are the only option capable of uninterrupted services.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition for the supplies or services is made.

The multiple award IDIQ is estimated to be awarded in October 2024 with full performance beginning in January 2025. The agency will explore ways to realize efficiencies in its FAR Parts 15/16 evaluation and source selection processes for multiple award contracts to overcome the need to restrict competition in the future. Once the award is executed, ICE will no longer require transportation services from G4S and will eliminate the need for any subsequent limited source acquisition to this vendor. G4S has the resources necessary to accommodate the volume of noncitizens transportation required for multiple states and any potential surge support needed by the government.