04.04_J&A-_Sole_Source.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

In accordance with the requirements of 41 U.S.C. 1901 as implemented in FAR 13.106-1(b)(1), acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part 6. However, this acquisition is conducted under the authority of 41 U.S.C.

3304(a)(1) as implemented in FAR 6.302-1, “Only one responsible source and no other supplies will satisfy agency requirements.”

1. Identification of the Agency and contracting activity.

The U.S. Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) SAC San Diego/ASAC Calexico 880 Front Street, Suite 3200 San Diego, CA 92101

The U.S. Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Office of Acquisition Management, Investigations and Operations Support Dallas (IOSD) 7701 N. Stemmons Freeway, Suite 300 Dallas, TX 75247

2. Nature or description of the action being approved.

This is a sole source justification for County of Imperial, CA equipped with one facility for juvenile detainees. The Imperial County juvenile detention facility is classified as a medium security facility. It has a strengthened perimeter fence and electronic detection systems to ensure detainees stay within the facility. To help detainees prepare themselves to rejoin the wider community, Imperial County Probation offers a wide range of work and treatment programs.

Proposed Vendor: Imperial County, Probation Office

Total Amount:

328 Applestill Road, El Centro, CA 92243

$8,000.00 for period 10/01/2018 – 09/30/2019 (Plus four (4) 1-year option periods). Estimated total: $40,000.00

3. Description of Supplies/Service

The detention services requested, available exclusively from Imperial County Probation Office are required to provide care and custody of the juvenile detainees.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

In accordance with the requirements of 41 U.S.C. 1901 as implemented in FAR 13.106-1(b)(1), acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part 6. However, this acquisition is conducted under the authority of 41 U.S.C.

3304(a)(1) as implemented in FAR 6.302-1, “Only one responsible source and no other supplies will satisfy agency requirements.”

5. Demonstration that the Nature of the Acquisition Requires the Use of the Authority Cited.

The use of the sole source vendor, Imperial County, CA for HSI SAC San Diego/ASAC Calexico in the acquisition process is essential to the Government’s requirements. Due to the fact that the U.S. Attorney’s office does not except prosecutions of juveniles for any Federal charges, HSI/Calexico is forced to turn over juvenile arrests to the Imperial County District Attorney’s office in El Centro, CA. The juveniles are booked into the Imperial County Probation Department, prosecution under the State of California, and later turned over to the custody of the Imperial County Probation Department in El Centro, CA to serve their sentence imposed by a State of California Superior Court Judge. There is no other facility in Imperial County that would be able to house juvenile arrests, thereby precluding consideration from any other vendor.

6. Efforts to Obtain Competition.

This is a sole source justification for Imperial County, CA. The proposed vendor and market research are outlined within the contract file. A special notice of intent to solicit from a single source was posted to FedBizOpps (FBO) on November 5, 2018 to ensure other offerors had sufficient time to respond if they could meet the requirements.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government Will Be Fair and Reasonable.

The anticipated price offered by the Imperial County is fair and reasonable based on historical rates for this type of service.

Ultimately, the Contracting Officer will evaluate the fairness and reasonableness of the proposed price.

8. Description of Market Research.

Market research was conducted, but it was determined that Imperial County Probation Office is the only suitable vendor for ICE purposes based on the following: location and custody of detainees.

A special notice of intent to solicit from a single source was posted to FedBizOpps (FBO) on November 5, 2018 to ensure vendors had sufficient time to respond if they could meet the requirements.

9. Any other Facts Supporting the Use of Other Than Full and Open Competition.

There is only one detention facility in Imperial County (Imperial County Probation Office) that holds juveniles detained by HSI.

10. A Listing of the Sources, If Any, that Expressed in Writing an Interest in the Acquisition.

At this time, we have not located any other offerors that provide this capability in the necessary location.

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.

DHS HSI will continue to do market research and look for any competitive and cost-effective measures that can satisfy the agency’s future needs for this type of procurement.

Certifications

I certify that the facts and representations under my cognizance, which are included in this justification, meet the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Requirements/Technical Personnel:

Contracting Officer Representative Date Technical Representative

Contracting Officer:

I certify that the facts and representations under my cognizance, which are included in this justification, meet the Government’s minimum need and that the support data, which forms a basis for this justification, is complete and accurate.

Louis Ojeda Date Contracting Officer

CYNTHIA M

MANALO

Digitally signed by CYNTHIA M

MANALO

Date: 2018.11.05 10:56:52 -08'00'

Digitally signed by

LOUIS A OJEDA

Date: 2018.11.05 13:08:30 -06'00'