5.1.1-P00010_Redacted 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

Further, should ICE elect to utilize an alternate vendor, the on-call stationary guard support would be stalled while the new contractor completes their transition process and onboards staff. During this support gap, detainees may not be able to get the medical care they need which is an unacceptable outcome. As stated above, AIP is fully staffed for this requirement and can immediately meet the need which will mitigate the risk of any detainee not receiving necessary medical care.

Based on the above, no other source is capable of satisfying the Agency’s minimum needs.

As such, it is in the best interest of the Government to obtain the additional hours for on-call stationary guard support from AIP.

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

OAQ publicized this requirement, prior to award, as required by subpart 5.2 by posting a notice on sam.gov on August 23, 2023. By August 30, 2023, no responses were received from the notice.

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 or similar support.

8. Description of market research.

Market Research determined that while there are other contractors that offer this support, none could immediately provide these services without a lapse in support. As previously discussed, AIP currently manages the entire facility, and will do so until November 30, 2027, should all options be exercised. AIP’s contract has already been competitively awarded, they have completed their transition process, and they already have staff onboarded to meet the increased need. No other contractor can immediately provide this support because contracting with another entity would involve several lengthy efforts before support could be rendered. For example, awarding to another contractor would necessitate a new competitive award process, another transition process, and additional vetting processes to onboard new staff.

Also, a notice was posted to the System For Award Management (SAM) regarding this effort. The Government stated in the notice that interested contractors should submit their capabilities statement to the Contracting Officer (CO) by August 30, 2023, for the Government’s consideration. The CO did not receive any correspondence from interested contractors.

Based on the above, AIP is the only contractor that can immediately provide the additional hours without a gap in support.

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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

The Government does not require extra staff to meet the additional need. The Government is only seeking to increase the number of hours for the current staff performing the on-call duties. Presently, AIP has been allotted a certain number of hours for stationary guard support. Should the Government award an additional subset of hours to a separate contractor, it would mar the responsibilities of AIP in that there would not be a clear outline as to when AIP would perform the stationary guard support and when the alternate contractor would perform stationary guard support. This could cause a security concern if any disruption was to happen due to a misunderstanding of the requirements and responsibilities.

Also, this modification represents a small amount of the overall contract value, approximately . Issuing a new solicitation and seeking a new awardee would result in unacceptable delays and a duplication of cost, effort, and time, with very little benefit to the Government as this support is such a minute part of the overall effort.

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

None.

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.

In the future, though difficult to predict, ICE will make their best effort to ensure fluctuations in ADP are taken into account prior to award to eliminate barriers to competition.

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