5.1.1_P00001_JA-21-0041_Addendum for Surge Abbott_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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The requirement is in response to the current national emergency related to COVID-19 pandemic. The current contract has been limited to 12 months in accordance with FAR 6.302- 2(d). This addendum to the current contract does not increase the time permitted under the original J&A.

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

The agency’s need for the supplies is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to procure the COVID-19 testing instruments from Abbott. Furthermore, the current national emergency related to COVID- 19 pandemic does not permit full and open competition because Abbott is the only manufacturer of the IDNow instrument.

The President of the United States issued a proclamation declaring a national emergency on March 13, 2020, due to the novel COVID-19 outbreak. The spread of COVID-19 within our nation’s communities threatens to strain our healthcare systems. Enforcement and Removal Operations (ERO) mission is to protect the homeland through the arrest and removal of aliens who undermine the safety of our communities and the integrity of our immigration laws. ERO transports removable aliens from point to point and manages aliens in custody or in an alternative to detention program, among other duties.

A court decision will suspend the Title 42 program for families starting February 24, 2021. Title 42 prohibited the entry of certain persons who potentially pose a health risk, either by virtue of being subject to previously announced travel restrictions or because they unlawfully entered the country. To help prevent the introduction of COVID-19 into border facilities and into the United States, those persons were immediately expelled to their country of last transit. It is expected that the suspension of Title 42 will cause immigration on the border to dramatically surge and will allow newly entering families to be quickly released in local communities to await decisions.

Pursuant to litigation, CDC guidelines, and agency direction pursuant to Pandemic Response Requirements, high risk aliens/class members are twice daily screened for COVID and are tested upon intake, transfer, release, or removal. Non-class members and low-risk aliens are tested upon intake and removal. Currently, there are approximately family units in Customs and Border Protection (CBP) custody at the border that are expected to be admitted into the United States and processed by ICE. According to CBP’s Nationwide Enforcement Encounters website, approximately 62,367 Title 42 expulsions occurred in January 2021.1 That population is now expected to return to the border for processing. ERO has the capability of booking aliens per day at the Texas Family Residential Units. Considering the persons in CBP custody and the suspension of Title 42, entries at the border are expected to increase exponentially and are projected to quickly exceed existing infrastructure. The existing infrastructure and processes will be converted in such a way to allow for faster processing so as not to overflow the current infrastructure. The importance of COVID-19 testing is imperative in order to carry out this mission.

ERO has a population of family units that require COVID testing with only machines.

Each Abbott testing instrument is expected to process approximately 4 tests per hour or 96 tests in a 24-hour period. With the population surge and accounting for any calibration and any malfunctions, ICE requires additional instruments in order to carry out COVID testing.

1 https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/title-8-and-title-42-statistics

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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Additionally, ERO anticipates a need of approximately 1,300 tests (or more) a day. The current contract, which provides machines and tests nationwide, cannot not cover the quantities needed for the current requirements at the Southwest border or the expected influx of migrants. ERO requires additional quantities of machines and rapid test kits to comply with the new CDC and PRR mandates of testing detainees to carry out mission requirements. Failing to acquire the rapid test machines and kits would seriously injure the Government because the Government is required to comply with Court orders and DHS policies requiring processing of Title 42 family units and health regulations, which mandate 100% of all migrants prior intake, transfer, removal or release. Failure to test increases the possibility of spreading the disease throughout the facility, and overwhelming local communities with COVID-positive individuals.

Abbott is qualified to provide rapid testing in the most efficient and expeditious way possible.

Abbott testing will allow quick (< 13 minutes) testing which will aid in the Government processing an expansive population with limited capacity for processing. The ERO workforce has already been trained on utilizing the instruments and ERO is currently utilizing the testing to conduct normal operations. ERO is familiar with Abbott’s products, systems, and customer service. Abbott is uniquely positioned to continue providing these services to ERO on an uninterrupted basis. A new vendor would need to train at least staff members and require at least a 60-day transition which would result in unacceptable delays in testing over 22,000 detainees and potentially and unknowingly releasing COVID-19 positive detainees into the communities in the United States. As such, it is in the best interest of the Government to continue receiving the IDNow instruments and testing kits from Abbott.

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

OAQ does not intend to publicize this requirement, prior to award, based on the following 5.202(a) exception: this proposed contract action is made under the conditions described in FAR 6302-2 and the Government will be seriously injured if the agency complies with the time periods specified in FAR 5.203.

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 comparison to historical prices paid for the same item sold to the general public, comparison with the independent Government cost estimate, and comparison to competitive published price lists.

8. Description of market research.

Market research for this effort has been conducted on a continual basis since April 2020. As of today, the Government is aware of only one vendor who can meet rapid testing requirements that will also be accepted by other countries as an acceptable testing solution. Abbott is the only firm known to be able to provide these services immediately.

A competitive strategic sourcing vehicle was solicited for three types of COVID testing but the award by DHS on 11/06/2020 did not contain rapid testing (testing that does not require a laboratory). The competitive strategic sourcing vehicle for rapid testing is still ongoing.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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15. Approval.

William C. Fuller Date Procuring Activity Advocate for Competition

Albert Dainton Date Head of Contracting Activity

WILLIAM C FULLER JR

Digitally signed by WILLIAM C

FULLER JR

Date: 2021.02.26 16:12:42 -05'00'

ALBERT J DAINTON Digitally signed by ALBERT J DAINTON Date: 2021.02.26 16:19:35 -05'00'