1.5.1-PCN_SSJ_4_4-24_Final.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-24-0062

Pursuant to the requirements under the authority 41 U.S.C § 1901 - Simplified Acquisition Procedures authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), plans to enter into a contract on behalf of the 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 Contract

(b) Amount the current J&A is justifying: $ 6,319,461.94

(c) Brief Description:

OAQ intends to procure, on a sole source basis, secured parking spaces utilizing simplified acquisition procedures. This new contract action is being taken pursuant to the authority of FAR 13.501. The vendor listed below is the only company that can provide the required parking spaces:

Jones Lang LaSalle Americas, Inc., at 500 12th St SW Washington DC 20024

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

ICE/OAFM has a requirement for 356 unreserved secure parking spaces at the Potomac Center North (PCN) building, located at 500 12th St SW, Washington, DC 20024. The duration of this contract is for five years with an aggregate amount of $6,319,461.94. Pricing and period of performance is illustrated below. The procurement of this facility’s parking spaces is essential for the security of Government Vehicles, as well as providing confidentiality and security to witnesses, informants, and employees. The contractor shall provide and maintain the leased parking spaces at 500 12th St SW Washington DC 20024.

Period Months Price

Base Year 12 months $1,214,358.72 Option Year 1 12 months $1,238,623.68 Option Year 2 12 months $1,263,401.28 Option Year 3 12 months $1,288,669.30 Option Year 4 12 months $1,314,408.96

TOTAL $6,319,461.94

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

4. Identification of the authority.

This action is being taken under the authority of 41 U.S.C § 1901 - Simplified Acquisition Procedures authority as implemented by Federal Acquisition Regulation (FAR) Subpart

13.501 and consistent with the content requirements of FAR 6.303-2.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Potomac Center North (PCN) building, located at 500 12th Street, SW, Washington, DC, is the main headquarters site for the agency and ICE is the only tenant occupying all eleven

(11) floors. The PCN garage has three levels directly below the building and is utilized by ICE government-owned/leased vehicles approved essential, front-line, or first responder employees’ privately-owned vehicles, and building support services vehicles. The HQ building houses programs that work a 24/7 schedule and require immediate access during rapid response situations.

The Interagency Security Committee (ISC) modified the Baseline Countermeasures for Security Criterion: Control of Parking in December 2020, and now restricts access to underground/in- building parking and onsite surface or structured parking to authorized vehicles and personnel. The (ISC) identified PCN as a Facility Security Level IV. Facility Security Level factors are mission criticality, symbolism, facility population, facility size and threat to tenant agencies.

Jones Lang LaSalle Americas Inc. (JLL) owns the building and due to the mandate of the ISC, the parking garage cannot be utilized by the public. JLL is uniquely positioned to continue providing the parking spaces since it is the only parking facility that meets the above criteria. JLL is the only vendor who can support this requirement while adhering to the limitations needed for this building. This contract has been sole sourced since inception of the building lease in 2008. It is in the best interest of the Government to continue procuring parking spaces from JLL while there is an active lease agreement for the ICE office space above the garage.

Based on existing conditions and the factors considered, as well as, the rationale detailed above, it is deemed that the lack of secure parking spaces for government and privately-owned vehicles at the ICE Headquarters facility would significantly impair the agency’s operating efficiency and greatly hinder its ability to protect the safety and security of ICE personnel charged with carrying out mission-essential functions of the organization and warrant parking subsidies for eligible/authorized personnel consistent with established internal DHS/ICE policies and Federal Management Regulations (FMR). Further, the acquisition of secured parking spaces below ICE headquarters at PCN, with current security that restricts and limits public

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

access to the parking below ICE headquarters at PCN is deemed in the Government’s best interest.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

☒ OAQ intends to make this justification publicly available pursuant to FAR 6.305 on sam.gov upon release of the solicitation.

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

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on a comparison that will be made with the prior contract in place for this requirement and the 2024 Market Research Report completed by OAFM.

8. Description of market research.

The market research was conducted January 17-23, 2024 via telephone and by visiting washingtondc.bestparking.com. We identified five vendors who could provide indoor unreserved parking spaces accessible 24/7 and within a two-block radius of ICE headquarters. Federal Parking would be a suitable alternative, since the garage is accessible to monthly account holders after the regular business hours. However, they did not have the required number of spaces available. SP+ Corporation have two public parking facilities within two blocks radius. They could not provide the number of spaces needed. ACE Parking has the spaces available for this request. However, due to being a public garage and open 24/7, the government owned or leased vehicles that are equipped with law enforcement sensitive equipment will be vulnerable to tampering. ACE Parking facility would only be suitable alternative for parking services if there were an area that allowed restricted access to ICE personnel only. Jones Lang LaSalle Americas has been identified as the best suited vendor who can meet the requirement. The parking facility is located underground of the PCN building, adheres to the level 4 security facility requirement and exclusively restricts parking to the public.

It is highly critical for ICE staff to have accessible parking to support the ICE agency mission. Homeland Security Investigation (HSI), Office of Professional Responsibility (OPR), and Enforcement Renewal Operations (ERO) are Law Enforcement organizations within ICE which conduct and coordinate investigations and serve as the agency's liaison to all of headquarters, the 73 field offices and 75 attaché offices. These ICE personnel are on call 24/7 and require immediate access to their headquarters as well as their vehicles to support the ICE mission.

9. Any other facts supporting the justification.

In accordance with 41 CFR 102-73.240, an agency must determine if there is an availability of General Services Administration (GSA) leased or rented parking spaces. This policy can preclude ICE from procuring commercial parking services. ICE contacted GSA for this determination. In response, GSA

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

issued a memo to ICE stating that the parking spaces at PCN Headquarters are leased and that the U.S.

General Services Administration (GSA) has reviewed its inventory and determined that no Federal parking spaces have previously been available near this facility since 2013 and are not currently available. Therefore, in accordance with 41 C.F.R. 102-73.240, DHS may proceed and use its own procurement authority to acquire parking via a service contract.

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

Not applicable

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.

Only one source is capable of providing the services needed for this requirement. For this reason, it is not possible to take actions to increase competition at this time. The program office will continue to review available parking garages as well as applicable regulations before the next contract is awarded.

12. DHS intends to post the requirement after award pursuant to FAR 13.501(a)(1)(iii) and 6.305(a).

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.

Technical Representative/COR Date

14. 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

15. Approval.

Competition Advocate Date