05.03_Texas-wide JA_FINAL_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

Justification For Other Than Full And Open Competition

41 U.S.C. 3304

J&A-

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.

The 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 enter into three (3) extensions on behalf of Enforcement and Removal Operations (ERO) on a basis of other than full and open competition using a class justification.

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

a) Type of action: Class J&A for Hybrid Firm-Fixed-Price/Labor Hour Indefinite-Delivery

Indefinite-Quantity (IDIQ) extensions

b) Total amount of the current J&A:

The below value represents the individual totals of the expected three (3) extensions:

• (South Texas Detention Center);

• (T. Don Hutto Residential Facility); and

• (Houston Detention Facility)

c) Brief Description: OAQ intends to procure, on a sole source basis, detention and transportation services to provide, operate, and manage three (3) separate Contract Detention Facilities (CDF) in the Houston and San Antonio Areas of Responsibility (AOR) within the state of Texas. Services are currently provided at the following CDFs:

1) South Texas Detention Center (STDC) in Pearsall, Texas; 2) T. Don Hutto Residential Facility (Hutto) in Taylor, Texas; and 3) Houston Detention Facility in Houston, Texas.

The current providers for these services are the following:

• The Geo Group Inc. (Operates #1 STDC) 621 NW 53rd St Ste 700 Boca Raton, FL, 33487-8242

• CoreCivic (Operates #2 Hutto, and #3 Houston) 10 Burton Hills Blvd Nashville, TN, 37215-6105

3. Description of Supplies/Services.

ICE ERO has an on-going and continuously uninterrupted need to contract for detention and transportation services to provide, operate, and manage three (3) separate CDFs in the

Houston and San Antonio AOR, within the state of Texas, until the services are transitioned to subsequent awardees under competitive solicitation 70CDCR20R00000001. ICE is responsible for the detention of aliens in removal proceedings and aliens subject to final order of removal. ICE houses detainees in CDFs and a variety of other federal, state, local, and private facilities. Option periods in the proposed extensions will only be exercised if needed to allow for the completion of the current competition, award, and transition to the new competitively awarded contracts.

The proposed action requires the detention providers to continue providing detention and transportation services, including the trained and qualified management staff, supervision, manpower, relief officer(s), uniforms, equipment, vehicles, supplies, and space necessary to provide detention, care, transportation, and food services seven (7) days a week, twenty-four

(24) hours per day. The contractors must remain in compliance with the ICE 2011 Performance Based National Detention Standards (PBNDS 2011) or Family Residential Standards, American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF), Standards for Health Services in Jails, National Commission on Correctional Health Care (NCCHC), and other state and local laws on firearms.

The unique requirements of each of the three (3) areas are as follows:

1) South Texas Detention Center in Pearsall, TX

STDC is equipped to house up to approximately 2,000 adult male and female detainees.

Additionally, the STDC meets ERO’s requirements within the San Antonio AOR to be near an adequate hospital and mental health care.

This contract action is to provide an additional up to eight (8) months of detention and transportation services to satisfy ERO’s requirement at an estimated total cost of

Period Time Period of Performance Estimated Price Base 3 months 12/6/2019-3/5/2020 Option Period 1 2 months 3/6/2020-5/5/2020 Option Period 2 1 month 5/6/2020-6/5/2020 Option Period 3 1 month 6/6/2020-7/5/2020 Option Period 4 1 month 7/6/2020-8/5/2020 Total 8 months 12/6/2019-8/5/2020

2) T. Don Hutto Residential Facility

The T. Don Hutto Residential is equipped to house up to approximately 512 female-only low, medium, and high-level detainees. Additionally, the T. Don Hutto Residential Facility meets ERO’s requirements within the San Antonio AOR to be near an adequate hospital and mental health care.

This contract action is to provide an additional up to six (6) months of detention and transportation services to satisfy ERO’s requirements at an estimated total cost of

Base 2 months 2/1/2020-3/31/2020 Option Period 1 2 months 4/1/2020-5/31/2020 Option Period 2 2 months 6/1/2020-7/31/2020 Total 6 months 2/1/2020-7/31/2020

3) Houston

The Houston CDF is equipped to house up to approximately 1,000 male and female low, medium, and high-level detainees. Additionally, the CDF meets ERO’s requirements within the Houston AOR to be near an adequate hospital and mental health care.

This contract action is to provide an additional up to five (5) months of detention and transportation services to satisfy ERO’s requirements at an estimated total cost of

Base 2 months 3/18/2020-5/17/2020 Option Period 1 2 months 5/18/2020-7/17/2020 Option Period 2 1 month 7/18/2020-8/17/2020 Total 5 months 3/18/2020-8/17/2020

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 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

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

ICE ERO promotes safety and national security by ensuring the departure from the United States of all removable illegal aliens through the fair and effective enforcement of the nation’s immigration laws. While in custody, ICE must ensure that such individuals are housed in a safe, secure, and humane environment, and that their statutory rights are safeguarded.

The current contracts for the CDFs referenced above and their expiration dates are as follows:

• STDC: 70CDCR19D00000001, expires 12/05/2019

• Hutto: 70CDCR19D00000003, expires 1/31/2020

• Houston: 70CDCR19D00000005, expires 3/17/2020

A gap in service cannot be endured because these services are critical to meeting the ICE mission. Any lapse would cause irreparable damage by disrupting detention services and continuity of operations directly targeted towards upholding America’s immigration laws.

Award of the proposed actions ensures the uninterrupted continuity of services by allowing ICE to continue to detain, provide care for, and remove aliens in the facilities.

ICE currently has a Request for Proposal (RFP) posted on the Government-wide Point of Entry to provide, operate, and manage the three (3) separate CDFs (i.e. Texas-wide RFP).

Solicitation # 70CDCR20R00000001 is a full and open competition that was posted to beta.SAM.gov (replaced FedBizOpps) on November 21, 2019. At least three (3) IDIQ contracts are anticipated to be made from the full and open competition with a 10-year period of performance to last to approximately December 2029.

Award of these new interim extensions are needed to ensure uninterrupted performance continues throughout the solicitation’s pre-award activities and until award. ICE has initially faced challenges with releasing the solicitation, including finalizing the three (3) requirements, and combining the three (3) requirements into one (1) solicitation. Awarding another competitive IDIQ for all requirements while the Texas-wide RFP is being processed would not be reasonable due to high administrative costs to the government, potential lengthy transitions, potential interruptions in services, and the risk of protest. As such, issuing a class justification for the three (3) requirements until new contracts are awarded is in the best interest of the government. Geo Group Inc., with respect to STDC, and CoreCivic, Inc., with respect to Hutto and Houston, are currently performing the detention and transportation services and are the only respective sources capable of providing uninterrupted services, cost effectively and in a timely manner, until the recompete action is awarded and transition is completed. The facilities and infrastructure required to provide the required detention and transportation services could not be instituted and provided by another vendor in the timeframe required. Geo Group Inc., with respect to STDC, and CoreCivic, Inc., with respect to Hutto and Houston, have the labor, equipment, facilities, and processes in place to fulfill the requirements to ensure there is no interruption to critical services.

Further details for each individual requirement and the proposed CDF are detailed below:

1) South Texas Detention Center in Pearsall, Texas

The Geo Group Inc. currently is and has provided detention services for ICE since December 21, 2011 and is intimately familiar with the nuances associated with the detention of ICE detainees in the San Antonio AOR because of its experience at the STDC. The San Antonio Field Office has a requirement to have an immediate and readily available facility that can provide detention, care, and removal services in a location that is convenient to the operations occurring within its Area Of Responsibility. The agency is not aware of any other facility that meets the agency’s requirements, including for location, capacity, and short transition time. Given that GEO currently owns and operates a facility that meets the agency’s requirements and has currently mobilized the labor, equipment, facility and has the processes in place to meet the agency’s requirements in the short time frame required, the agency has concluded it is the only vendor able to provide the required detention and transportation services.

2) T. Don Hutto Residential Facility

CoreCivic currently is and has provided detention services since January 28, 2010. As a result, CoreCivic is intimately familiar with the nuances associated with the detention of ICE detainees in the San Antonio AOR because of its experience at the T. Don Hutto Residential Facility. CoreCivic performs integral functions, assisting ICE in achieving its mission.

CoreCivic is currently responsible for providing staff that are fully trained, knowledgeable, and responsive to the T. Don Hutto Residential Facility. CoreCivic provides support personnel, including managers, who have proper security clearances and efficiently carry out the detention management and administrative duties required by the contract in accordance with current laws and regulations.

CoreCivic is currently providing safe and secure conditions for confinement based on the individual characteristics of an all-female population, including: threat to the community, risk of flight, type and status of immigration proceedings, community ties, and medical and mental health issues. Additionally, T. Don Hutto Residential is one of the few female facilities within ERO’s custody management division. As such, any disruption to these functions will adversely affect the performance of the ICE mission.

The agency is not aware of any other facility that meets the agency’s requirements, including for location, capacity, and short transition time. Given that CoreCivic currently operates a facility that meets the agency’s requirements and has currently mobilized the labor, equipment, facility, and has the processes in place to meet the agency’s requirements for detention and transportation services in the short time frame required, the agency has concluded that it is the only vendor able to provide the required detention and transportation services.

3) Houston

CoreCivic is the current service provider for the Houston CDF contract and has been providing immigration detention services at the facility since 1986. CoreCivic is intimately familiar with the nuances associated with the detention of ICE detainees at the Houston AOR because of its experience at the Houston CDF. CoreCivic performs integral functions, assisting ICE in achieving its mission. CoreCivic is currently responsible for providing staff that are fully trained, knowledgeable, and responsive to the Houston CDF. CoreCivic provides support personnel, including managers, who have proper security clearances and efficiently carry out the detention management and administrative duties required by the contract in accordance with current laws and regulations. CoreCivic is currently providing safe and secure conditions for confinement based on the individual characteristics of a diverse population, including: threat to the community, risk of flight, type and status of immigration proceedings, community ties, and medical and mental health issues.

CoreCivic’s unique experience and dedicated facility in Houston, Texas will allow ICE to avoid any disruption in meeting its mission and causing serious harm to the Government.

CoreCivic is the only vendor now available to perform this work because of the specialized nature of the services ICE requires, which includes the ability to provide detention services in the Houston area. The agency is not aware of any other facility that meets the agency’s requirements, including for location, capacity, and short transition time. Given that CoreCivic currently operates a facility that meets the agency’s requirements and has currently mobilized the labor, equipment, facilities and has the processes in place to meet the agency’s requirements for detention and transportation services in the short time frame required, the agency has concluded that it is the only vendor able to provide the required detention and transportation services.

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

☒ The requirements for the contract actions will be synopsized and any capability statements received will be reviewed.

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

The Contracting Officer has determined that the anticipated prices will be fair and reasonable for each requirement based on comparison to the pricing under each of the three existing contracts that are expiring, each of which was already determined to be fair and reasonable at contract award and at the most recent option exercise. Additionally, the Contracting Officer has compared pricing to previous acquisitions for similar services and has found the pricing to be comparable.

8. Description of market research.

The Government will be synopsizing the current requirements and will review any capability statements that are received. Extensive market research was conducted for the acquisition strategy for the Texas-wide RFP. In an effort to procure, through full and open competition, replacement detention facility and transportation services contracts, the Government posted a Request for Information (RFI) for each AOR’s requirement. An RFI for South Texas Detention Center in Pearsall, Texas was issued on March 22, 2019, and closed on March 29, 2019. An RFI for T. Don Hutto Residential Facility was issued on March 19, 2019 and closed on March 25, 2019. An RFI for Houston was issued on April 9, 2019 and closed on April 15, 2019. Multiple responses to the RFIs were received.

Based on the market research conducted, the Government is concerned other potential vendors would be unable to transition quickly enough meet the current schedule and required deadlines. The contract actions described herein are required for the current full and open acquisition process to have time to solicit, award, and transition potentially new vendors onboard.

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.

Currently, no vendors have expressed an interest in the current contract actions, and no vendors are expected to express interest in the timeframe required, however capability statements will be requested for each contract action. As noted in section 8, RFIs have been posted to beta.SAM.gov for the three (3) requirements. Multiple sources expressed an interest in the acquisition for the follow-on Texas-wide RFP which is currently in work.

The following is a list of sources that expressed interest in the Texas-wide RFP:

ICE received two responses from large businesses and one small business for the South Texas Detention Center in Pearsall, Texas; two responses from large businesses for the T.

Don Hutto Residential Facility; and one response from a large business for Houston.

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.

There are no barriers to competition in the subsequent acquisition for these services. All three requirements are currently being solicited in a full and open competition on beta.SAM.gov under competitive solicitation 70CDCR20R00000001. This is expected to be a one-time requirement to ensure services are uninterrupted for a limited period of time and no future subsequent acquisitions are anticipated other than under competitive solicitation 70CDCR20R00000001. However, if a similar requirement arises in the future, the agency will attempt to compete it to the maximum extent possible.

☒ After award of this action, DHS intends to post the approved/signed justification pursuant to 6.305.

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.

Date

Contracting Officer Office of Acquisition Management U.S. Immigration and Customs Enforcement

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.

Date

Technical Representative/COR

Technical Representative/COR

14. Approval.

Competition Advocate Deputy Head of Contracting Activity (HCA) Office of Acquisition Management U.S. Immigration and Customs Enforcement

Date

Head of Contracting Activity Office of Acquisition Management U.S. Immigration and Customs Enforcement