5.1.1-P00003_JOFOC_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

6.302-5: Authorized or required by statute.

6.302-6: National security.

6.302-7: Public interest.

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

On 04/01/22, contract No. 70CDCR22D0000002 was awarded to Akima Infrastructure Protection, LLC. The contract was protested at GAO on 04/11/2022. The GAO dismissed the protest on June 30, 2022. A second protest to the contract award was filed on 07/19/2022, at the Court of Federal Claims (COFC). The existing IDIQ contract No.

70CDCR22D0000003 is set to expire on 09/26/22 with an additional option period.

However, there is an ongoing need for the services that would otherwise be interrupted without the extension of the existing contract. Thus, due to the COFC protest, an extension to the current IDIQ contract is needed to continue services at PIDC pending the protest outcome.

I determined that only the incumbent contractor, Ahtna STS, can meet the on-going and necessary detention and transportation services required to operate and manage PIDC within the required time and without interruption. These services will be transitioned to a subsequent awardee under the recently awarded under IDIQ 70CDCR22D0000002 upon resolution of the COFC protest. Full resolution of the protest is anticipated by November 2022, with transition starting afterwards. Moreover, without an extension there would be a gap in service. A gap in service would be harmful to the Government because these services are critical to meeting the ICE mission of detaining, caring for, and removing noncitizens. Any lapse would cause irreparable damage by disrupting detention services and continuity of operations directly targeted towards upholding America’s immigration laws.

Furthermore, this extension is not the result of a lack of advance planning as the recently awarded contract was properly procured and awarded before the expiration of the existent contract. The IDIQ 70CDCR22D0000002 was awarded under competitive procedures on April 1, 2022. A GAO protest was received on April 11, 2022, which triggered an automatic Competition in Contracting Act (CICA) stay of performance for the new contract. A mandatory stop work order was issued the next day. The COFC protest was submitted July 19, 2022

The proposed action is required to allow the agency to adjudicate the protest and provide coverage during the transition period.

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

Due to the nature of the protest and the short duration of the base performance period of this effort and the fact that there is an awarded contract for this requirement, it is not practicable

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304 for another vendor to provide these services. IDIQ 70CDCR22D0000002 was competitively awarded under FAR Part 15 and will resume transition into full performance at the resolution of the GAO protest.

OAQ publicized this requirement, prior to award, as required by subpart 5.2 by posting a notice on sam.gov on August 30, 2022.

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 of proposed rates for this effort to the rates on the current contract as well as to rates awarded for similar services.

8. Description of market research.

Market research was conducted from November of 2020 through April of 2021 prior to the award of the new contract, which is now under protest with COFC. There are an adequate number of vendors who can perform these services. However, ICE OAQ is not seeking to issue an award to a new vendor while the protest of the award made under full and open competition is being adjudicated.

9. Any other facts supporting the use of other than full and open competition.

Not applicable.

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

As referenced above, there are vendors who could provide the services, but Ahtna STS is the only vendor able to provide these services in the applicable timeframe.

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.

The award for PIDC services has been competitively solicited. Once the protest on the new award is adjudicated, ICE will no longer require training services from Ahtna STS and will eliminate the need for any subsequent sole source acquisition to this vendor.

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