OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

J&A-26-0065

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103. (FAR Class Deviation 25-110F

1) and in accordance with the requirements of RFO 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 6.104-1as 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 modify a contract on behalf of Enforcement Removal Operations (ERO), Juvenile & Family Management Division (JFMD), on a basis of other than full and open competition.

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

(a) Type of action: Contract Modification

(b) Amount of the current J&A:

(c) Brief Description: OAQ intends to procure, on a sole source basis, the safety and wellness checks of Unaccompanied Alien Children (UAC) located across the United States in support of ERO from the following company:

MVM, Inc.

44620 Guilford Drive Ashburn, VA 20147

(d) Type of Funding

Health and Human Services (HHS) – Reimbursable

(e) Year of Funding

FY2025

(f) Solicitation Number

N/A

(g) Background information about the requirement The current UAC and Family Transportation indefinite delivery indefinite quantity (IDIQ) contract (70CDCR24D00000002) was awarded for a total value of

The performance period of this IDIQ is a five-year base period through March 31, 2029. The estimated value for this new scope of work is and there is currently sufficient contract ceiling to support this effort.

1 FAR Class Deviation 25-11 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS RFO Deviations therefore are referred as RFO.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304 and overall wellness -including checks for signs of abuse, abandonment, neglect, or trafficking.

Without this action, ICE will be unable to meet the administration’s goal of locating and protecting missing children in a timely manner. Failure to act immediately will result in continued delays, de-prioritization of children who turn 18, and a significant gap in ICE’s ability to fulfill its mission. The inability to rapidly deploy resources will directly impact the safety and welfare of thousands of vulnerable minors and undermine the administration’s directive to locate children by the end of 2026. All of these would demonstrate serious injury to the Government.

One of the administration’s top priorities is to locate missing children, with a goal of finding children by the end of 2026. To date, ICE has not been able to meet that goal.

Despite implementing three separate initiatives to achieve the goal, ICE continues to lack sufficient resources to locate all missing children, due in part to competing priorities within its broader immigration enforcement responsibilities. Each day that passes is another day a child remains missing and at risk. ICE does not currently have the resources to meet this mandate and must immediately augment its capabilities to protect these vulnerable minors.

Therefore, ICE needs to be permitted to limit the number of sources from which it can obtain the required services.

ICE conducted thorough market research, including a request for information (RFI) posted in December 2025 that generated responses from 18 vendors. Most of the vendors were found to not be capable of meeting the requirements in the timeline required by the government.

Notably, MVM Inc., who is already supporting the ICE program office demonstrated proven expertise in child welfare and field operations responded with a capability statement demonstrating is best suited to meet the government’s requirements in the timeline required.

The other top-rated vendor offers a robust data platform, but their solution is primarily technology-based and lacks the critical “boots on the ground” child welfare personnel and infrastructure needed to physically locate and conduct wellness checks on children.

While several vendors appear capable, none-other than the existing contractor-currently hold contracts with JFMD to begin the work immediately, which is essential to meet the necessary schedule. Awarding a new contract would take time, during which critical opportunities to locate and protect children would be lost. There is also a risk that, after a lengthy procurement process, the selected vendor may not deliver the desired results, resulting in wasted time, effort and resources.

To mitigate these risks and fulfill the administration’s directive, ICE will utilize an existing contract with MVM Inc. to begin work immediately. The incumbent contractor’s staff possess the necessary knowledge and experience working with the UAC population, and leveraging this contract allows ICE to bypass delays associated with onboarding new vendors, including security clearances and background checks, enabling rapid deployment of resources that already exist under the current contract. Additionally, the existing contractor would be able to leverage existing technology to collect and store data under their current Authority to Operate.

This approach allows ICE to collect real-time data and assess program effectiveness, adding in requirements for a future competitive Request for Proposals (RFP). If the initiative proves

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304 successful, ICE will have the evidence needed to justify a larger, long-term investment and ensure the program is tailored to actual needs, utilizing competitive procurement process to ensure requirements are met and competitive pricing is achieved.

Given the unusual and compelling urgency detailed above, this modification to the existing MVM contract would avert serious injury to the Government. ICE is committed to locating and performing wellness checks for every UAC, beginning with those released from ORR, and must act now to achieve this critical mission.

7. 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 5.101(b)(2) exception:

The proposed contract action is made under the conditions described in RFO 6.103-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in RFO 5.201.

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

In accordance with RFO FAR 15.404-1(b)(2i) and 15.404-1(b)(5) the government intends to ensure a fair and reasonable price based on a comparison of the proposed prices to historical prices paid for similar services and the independent government cost estimate.

9. Description of market research conducted and results.

ICE conducted market research to determine the availability of contractors capable of fulfilling the urgent requirement to locate and conduct wellness checks for UAC released from ORR’s care. This research was essential to establish whether a sole-source acquisition is justified and to ensure that only one contractor is capable of meeting ICE’s immediate needs.

The market research included the issuance of a RFI in December 2025, which resulted in responses from 18 vendors. Each vendor’s capability was rigorously evaluated, however only one vendor was found to be positioned to meet the government’s requirements in the required timeline, with existing expertise in child welfare and field operations and infrastructure. The other top-rated vendor offers a proprietary data platform, but their solution is primarily technology-based and does not provide the necessary field-based child welfare experts required for direct outreach and wellness checks.

The market research clearly demonstrates that, while several vendors appear capable in theory, only the existing contractor can meet ICE requirements immediate commencement of