CBP LSJ for Tucson AZ - FINAL APPROVED 8.29.2024.pdf

Attachment 4 U.S. Customs and Border Protection

Limited-Sources Justification (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Version 2.0 November 2020

Date: August 27, 2024 PR Number: 20144660

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.

Through this Limited-Sources Justification, the U.S. Department of Homeland Security (DHS), United States Customs and Border Protection (CBP), Office of Acquisition, proposes to issue a new task order under DHS BPA 70RDAD21A00000012 pursuant to FAR 8.405- 6(a), Limiting Sources. The Task Order will extend services of the soft-sided facilities at Tucson, Az., 1,000 capacity for continued services for the holding of single adults, family units and unaccompanied children.

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

CBP intends to award a follow on Task Order via DHS multiple-award BPA 70RDAD21A00000012 to support the soft sided facility (SSF) Tucson, Arizona for processing and holding of non-citizens at the Southwest Border with continued operations holding family units, unaccompanied children and single adults. The proposed contractor is Deployed Resources, LLC (Deployed Resources), 164 McPike Road, Rome, New York, 13441-4241.

3. Description of Supplies/Services.

The requirement is to provide continued Supplies, Services and Maintenance of existing facilities and provide any renovation as required to keep operational integrity. The services include a fully operational turn-key facility with guards, janitorial, maintenance, food and other services for the purpose of holding non-citizens in CBP’s custody. BPA Task Order #70B01C22F00000721 was awarded on December 16, 2022, and issued under BPA 70B01C21A00000002. This current period of performance under Task Order #70B01C22F00000721 was 18 months (inclusive of options) and the new period of performance is 1 month base and 30 option months for the follow-on task order with a total cost of $443,015,916.00.

Period Unit Price Total Base 1 month $14,290,836.00 $ 14,290,836.00 30 1-month options $14,290,836.00 $428,725,080.00

4. Authority and supporting rationale.

FAR 8.405-6(a)(1)(i)(C) – In the interest of economy and efficience, the new work is a logical follow-on to a task order that was issued under a competitively awarded CBP BPA http://uscode.house.gov/

70B01C21A00000002 against Federal Supply Schedule contract GS-10F-0309T. This justification is issued in the interest of economy and efficiency to prevent disruption of services, duplication of efforts, transition delays, and increased costs.

The United States Southern Border is currently experiencing unprecedented migration of individuals seeking asylum in the United States. The border enforcement protections of Title 42 have been phased out, causing even greater numbers of migrants to be processed. All current detention/processing facilities are full, with only limited space available in any southwestern border U.S. Border Patrol location. As a result of limited space and capacity, CBP has continuing need for the current SSF at the Tucson, Arizona site.

The current structure is already in place by the incumbent contractor. Due to real estate constraints at the Tucson site if a new vendor was selected via a competition to place their structure on the site, there would require up to a 70 to 90 day transition period while the existing facilities and infrastructure were torn down, and new facilties put into place.

This transition would create an unacceptable and problematic gap in services with no suitable facility for holding non-citizens. Attempting to relocate the migrant population to other facilities that are at or near capacity creates significant safety and security concerns for CBP and the migrants. Additionally awarding a contract to a firm other than the incumbent would result in additional mobilization and demobilization costs to stand up a similar operation to what is already in place. Accordingly, any such transition to a new contractor in the short term would create unacceptable interruption in services, result in safety and security concerns and would result in additional costs of an estimated $14 million.

Deployed Resources is uniquely situated to provide ongoing necessary services to CBP as the current contractor for CBP under the task order. It would cause unacceptable delays and additional costs, risk to the agency and migrants, and increased resources to take down the existing facility managed by Deployed Resources, and put up a new temporary facility, from another vendor. Deployed Resources is the only company capable of supporting the immediate on-going mission of Tucson Sector border Patrol. Given that Deployed Resources maintains the existing SSF at the location, it is in the interest of efficiency and economy to award the incumbent a logical follow-on Task Order in accordance with FAR8.405-6(a)(1)(i)(C).

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 follow-on contract to Deployed Resources using DHS BPA70RDAD21A00000012 represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. The General Services Administration (GSA) has already negotiated fair and reasonable pricing. Discounts to these GSA schedule rates will be requested. Additionally, CBP will consider the level of effort and the mix of labor proposed to perform each specific task being ordered to determine whether the total price of the expansion is reasonable. As part of the analysis, the contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE) as well as to previous CBP contracts for wrap-around services and soft-sided facilities, including the current contract with the incumbent.

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 for the original task order award by examining several schedule holders; however, CBP currently rents its existing soft-sided facilities from Deployed Resources, and there is not enough real estate to construct a neighboring facility. It would cause unacceptable delays and have significant mission impacts to have the existing facilities torn down and new contractor erect new facilities to meet CBP’s needs for these areas. On May 28, 2024, A Request for Information (RFI) was also issued to the BPA holders.

7. Any other facts supporting the limited-sources justification.

On May 28, 2024, CBP procurement released a Request for Information (RFI) to (BPA) holders.

The RFI sought input on how contractors could effectively address transitioning incumbent-occupied sites from one contractor to another without disrupting Border Patrol operations. The goal was to maintain the same level of service and detention capacity at the site locations during the transition. The specific request was: “address transitioning incumbent occupied sites from one contractor to another without disrupting Border Patrol operations while maintaining the same level of service at detention capacity at the site locations.”

Upon reviewing the responses to the RFI, it was found that no contractors identified a method to transition the site that would not result in impacts to Border Patrol operations. The responses failed to provide a feasible solution to maintain seamless operations and undergo transition without the potential to having to deconstruct existing soft-sided facilities. While the Government intends to compete its soft-sided facilties requirements when feasible, there is not adequate real estate to do so in this case without posing serious operational risks.

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.

CBP intends to competitively award future actions for soft-sided facilities at new locations where current facilities do not exist, as well as competively award future actions for soft-sided facilities where sufficient real estate allows for the potential construction of a neighboring soft-sided facility to avoid operational delays.

9. CBP intends to post this requirement on SAM.Gov pursuant to FAR 8.405-6(a)(2)(i).

10. Technical/Requirements Personnel Certification:

Limited-Sources Justification (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Version 2.0 November 2020

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

Digitally signed by ROBERT J GILLIS Date: 2024.08.20 09:22:50 -07'00'

Technical Representative/COR Date

1. Contracting Officer Certification and/or Approval: *

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and to the best of my knowledge and belief.

Digitally signed by TRAVIS L GRAHAM Date: 2024.08.20 11:43:19 -04'00'

Contracting Officer Date

► LSJ Approvals:

2. COMPETITION ADVOCATE (Per FAR 8.405-6(d)(2) - Exceeding $750,000)

Approved Disapproved

Name (Print):

Competition Advocate

HYUN J KOO Digitally signed by HYUN J KOO

Signature: Date: 2024.08.20 1 4D: 4 0a: 1t2e-:04'00'

ROBERT J GILLIS

TRAVIS L GRAHAM

Limited-Sources Justification (LSJ) - FAR 8.405-6

3. HEAD OF CONTRACTING ACTIVITY (Per FAR 8.405-6(d)(3) – Exceeding $15M to $75M)

Approved Disapproved

Name (Print):

Head of the Contracting Activity

EARL J LEWIS III Digitally signed by EARL J LEWIS III Signature: Date: 202D4 .a0t8e.2:1 08:00:41 -04'00'

4. DHS CHIEF PROCUREMENT OFFICER (Per FAR 8.405-6(d)(4) - Exceeding $75M)

Approved Disapproved

Name (Print):

DHS Chief Procurement Officer

Signature: Date:

PAUL.COURTNEY

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