1.5.1-LSJ (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-23-00460

This acquisition is conducted under the authority of the Multiple-Award Schedule (MAS) 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 (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of the Enforcement and Removal Operations (ERO) directorate, proposes to award a task order 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: $4,992,471.00.

(c) Brief Description: OAQ intends to procure, on a sole source basis, programmatic and analytical services in support of ERO from the following company:

Capgemini Government Solutions, LLC 1765 Greensboro Station PL, STE 300

McLean, VA 22102-3472

3. Description of Supplies/Services.

Current contractual support for these services was competed, on a full and open basis, amongst Business and Program Solutions for Law Enforcement (BAPSLE) Blanket Purchase Agreement (BPA) holders. This agreement was established under General Services Administration (GSA), Federal Supply Schedule (FSS), Mission Oriented Business Integrated Services (MOBIS) 874.

Capgemini Government Solutions LLC, an other-than-small business entity, was awarded the effort under BPA no. HSCEMS-14-A-00005, call no. 70CDCR18FC0000021. Under the current effort, Capgemini Government Solutions, LLC provides a broad range of programmatic and analytical services in support of ERO. Support services include, but are not limited to, capacity forecasting and planning, detention standards and compliance management, executive communications, and alternatives to detention. The period of performance of this call currently expires on 12/30/2023.

This anticipated task order will continue these services for an additional six months at an estimated total cost of $4,992,471.00. These additional 6 months of service will allow for the execution of the competitively solicited and awarded follow-on requirement. It should be noted that although the BAPSLE BPA ordering period expired on 23 July 2019 and is no

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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MAS.

Period Time Price Total Base Period 6 mos. $4,992,471.00 $4,992,471.00

$4,992,471.00

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

Authority:

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 FSS order provided that the original order was placed in accordance with the applicable FSS ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

Rationale:

ICE/OAQ intends to procure additional programmatic and analytical services through the MAS Program under the authority of 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies pursuant to the authority selected above.

The follow-on competitive requirement is currently in the final stages of the pre-solicitation, acquisition planning phase with an anticipated solicitation release date of January 2024. This effort has required extensive acquisition related planning activities to include the development of expanded specifications due to the anticipated increase in contractor support and the collection and analysis of comprehensive market research information to identify the appropriate DHS strategic sourcing vehicle and competition strategy. The follow-on competitive requirement is estimated to be awarded in May 2024 with full performance beginning in June 2024 following a transition period.

While the follow-on competitive requirement is being finalized, solicited and awarded, these critical program management support services must continue uninterrupted to support ICE/ERO’s mission, as well as administrative and reporting requirements for the organization, the agency, the White House and Congress.

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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Capgemini Government Solutions, LLC is uniquely qualified and positioned to continue providing these services to ERO on an uninterrupted basis and to allow for a smooth transition to the new contractor. Issuing a new solicitation and seeking a new awardee while the competitive follow-on requirement is being executed would result in a duplication of cost, effort and time, with very little benefit to the Government. No other offerors have the cleared and onboarded staff already positioned to be able to take responsibility for the services without impacting operations. Any delay in service will disrupt critical programmatic and analytical support to ERO, as well as reporting to various high-level stakeholders, hindering the directorate from carrying out its mission. As such, it is in the best interest of the Government to continue receiving these services from Capgemini Government Solutions, LLC until the follow-on competitive requirement is fully executed and transitioned.

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 the issuance of this task order to Capgemini Government Solutions, LLC for an additional six months of programmatic and analytical services represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs without impacting operations.

This task order will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.” GSA has already negotiated fair and reasonable pricing rates. Discounts to these GSA schedule rates will be requested. Additionally, prior to issuance of the task order, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific task being ordered in order to determine that the total price is reasonable. The contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate.

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, ICE/OAQ is not seeking to issue an award to a new vendor while the follow-on competitive requirement is being fully executed.

Further, the numerous vendors cannot meet the staffing requirements in the timelines required by the government to continue operations unhindered.

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.

Not applicable.

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.