5.1.1-P00007_LSJ_JA-25-0300_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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J&A-25-0300

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.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of the Homeland Security Investigations (HSI) Title III Unit – The Title III Wire Tap Program, proposes to issue a Task Order modification against GSA Contract Number #47QRAA20D008Q pursuant to FAR 8.405-6(a), Limiting Sources.

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

(a) Type of action: Labor Hour Contract Modification to exercise FAR 52.217-8 Option to

Extend Services against GSA Contract Number 47QRAA20D008Q; Task Order

70CMSD24FR0000106

(b) Amount the current J&A is justifying: (see table in Section 3)

(c) Brief Description: OAQ intends to procure, on a sole source basis, translation, transcription and interpretation services from the following company:

The KACE Company, LLC. (KACE) 44620 Guilford Dr. Ste 150 Ashburn, VA 20147

3. Description of Supplies/Services.

HSI requires translation, transcription and interpretation services for English to English, English to native foreign language, and native foreign language to English.

The purpose of this modification is to prevent a lapse in service until the new award can be put in place. FAR 52.217-8 was included but was not evaluated at the time of the award. It is anticipated the government will issue up to six (6) one-month options. The Government urgently requires the specified services to avoid a situation which would cause DHS to be without critical Title III program support services that are essential to accomplishing its mission. KACE has multiple active nationwide Title III cases and translation and transcription cases and is the only contractor capable of providing the services required in the timeframe required. KACE has a roster full of active cleared linguists currently supporting the ongoing Title III translation and other translation and transcription workload and enough linguists cleared to support any additional workload while the new contract award spins up and begins transition.

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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The total estimated value for this effort is for the six (6) month option. The proposed level of effort is commensurate with the work previously completed and will be performed at a fixed hourly rate dependent on the language required for translation, transcription, and/or interpretation. The option would begin on September 3, 2025.

Period Time Price Total 12 months Base 12 mos.

1 month Option 1 mo.

1 month Option 1 mo.

1 month Option 1 mo.

1 month Option 1 mo.

1 month Option 1 mo.

1 month Option 1 mo.

Option Increase Total

TOTAL

4. Authority and supporting rationale and a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Authority:

Select only one of the following circumstances justifying limiting sources pursuant to FAR 8.405-6(a)(1)(i) below and demonstrate the proposed contractor’s unique qualifications to provide the required supply or service.

8.405-6(a)(1)(i)(A) An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.

8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

Rationale:

In accordance with FAR 8.405-6(a)(l)(i)(B), approval is sought for limiting sources where Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

The current efforts provided under Task Order 70CMSD24FR0000106 are scheduled to expire on September 2, 2025. KACE is the only vendor uniquely positioned to continue performing the services on active Title III wire cases and translation and transcription. The

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

Page 1 of 5 Version 2.0 continuation of services is required as there are currently a multitude of active Title III cases and Translation and Transcription cases in progress nationwide. Any lapse in services would be detrimental to the current efforts in place to investigate, detain, and charge criminal enterprises. The work to be awarded under this modification is necessary to allow for the transition to a new vendor once the recompete is awarded in September 2025. The work to be performed under FAR 52.217-8 “Option to Extend Services” is merely a continuation of the same type of work and the same level of effort already being performed by the incumbent under the current contract that will maintain HSI operations at their present level until the new contract can be awarded and services transitioned to a new vendor.

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 exercising the option provided by FAR 52.217-8 “Option to Extend Services” represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs.

In accordance with FAR 8.404(d), the U.S. General Services Administration (GSA) has already determined that the prices of services under Schedule contracts are fair and reasonable. The Contracting Officer requested and received discounted pricing based on KACE’s GSA Schedule pricing for the base award period and will continue to receive the same pricing under the option periods. Additionally, prior to issuance of the Task Order the ordering activity considered the level of effort and the mix of labor proposed to perform the specific task being ordered in order to determine that the total price is reasonable. An informal analysis conducted by the Contracting Officer determined the pricing is still considered fair and reasonable. The analysis was done by comparing KACE’s discounted rates with established rates found during a random sampling of rates posted on GSA schedules in the translation and interpretation services NAICS Code 541930.

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 prior to award of this Task Order, from October 2023 to July 2024, with additional research being conducted in July to August 2025 during the analysis to utilize 52.217-8 to determine if an alternative competitive means could be pursued. Being that the recompete is currently in process, it is necessary to continue with the current services to prevent a total lapse in service for dozens of ongoing, mission-critical HSI investigations. While market research showed numerous vendors that perform these services, none of them are capable of receiving an award and transitioning into the work without an unacceptable period of lapse in service. The recompete is currently in phase II evaluations and is expected to be awarded by September 30, 2025. The services ordered under this option exercise are only expected to be utilized to allow for the transition to the follow-on vendor.

7. Any other facts supporting the limited-sources justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

LIMITED-SOURCES JUSTIFICATION

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If the government fails to exercise the option to extend services, there will be a gap in service, during which time ICE would be without mission critical Title III program support.

The current contractor supports active investigations and maintains institutional knowledge of, usage in, and experience with Title III’s processes and activities. In addition, the current Title III cases are being supported by KACE. During each case the linguists assigned develop a unique and highly specialized understanding of the criminal enterprise and therefore KACE is the only vendor capable of providing continuity through the full length of the investigation.

The risk of a break in continuity or a deterioration of the quality of service is unacceptable.

Failure to approve and exercise the option would lead to a loss of effectiveness of the program and has the potential to adversely affect dozens of ongoing investigations. This option will allow HSI to maintain its current level of support and put in place a vehicle that will prevent interruption in service during the transition phase of the new contract. There are no alternative means of supporting the Title III program and subsequent interests of the Government during this time. The Government is actively working on the recompete efforts for the Title III requirement and plans to competitively procure these services by September 30, 2025 with transition completed by January 2026.

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.

The agency is currently evaluating responses received in reply to a competitive solicitation.

9. DHS intends to post this requirement on sam.gov pursuant to FAR 8.405-6(a)(2).