OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

J&A-26-0172

U.S. Immigration and Customs Enforcement

Pursuant to the requirements of the Competition in Contracting Act (CICA),the justification for the use of the statutory authority under 41 U.S.C. §3304(a)(l) is justified by the following facts and rationale required under RF0.1 6.104-1 as 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 enter into a contract on behalf of Enforcement and Removal Operation's (ERO) Harlingen Field Office (HLG) on a basis of other than full and open competition.

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

(a) Nature of Action: DHS ICE intends to procure on a sole source basis additional on-call stationary guard support for the Port Isabel Detention Center (PIDC) via contract modification to Indefinite Delivery Indefinite Quantity (IDIQ) contract number

70CDCR22D00000002.

(b) Name and Address of the Contractor:

Akima Infrastructure Protection (AIP), LLC 2553 Dulles View Drive, Suite 700 Herndon, VA 20171

( c) Contract Type: Hybrid Firm Fixed Price (FFP) and Labor Hour (LH)

(d) Estimated Total Value (including options):

Period Unit Price Total !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!I-----~!!!!!!!!!!!!!!

Option Year 3 Option Year 4

Total

(e) Type of Funding: Big Beautiful Bill (OB3)

(f) Year of Funding: Fiscal Year 2025 - 2029

(g) Solicitation Number: NI A

1 Revolutionary FAR Overhaul (RFO), FAR Calss Deviation (Number 25- 11) for FAR Part 6 in support of Executive Order 14275 on Restoring Common Sense to Federal Procurement.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

U.S. Immigration and Customs Enforcement

(h) Background information about the requirement: Stationary guard support is needed to provide 24-hour custody and safeguarding of detainee(s) at a hospital or clinic when the detainee(s) are undergoing medical examination/care as well as other off-site activities.

3. Description of Supplies/Services.

This requirement is to provide additional on-call stationary guard support to Option Year 3 and Option Year 4. This includes escorting and guarding detainees at medical or doctor's appointments, overnight hospital stays, juvenile and family supervised hote~ hearings, and other locations requested by ICE at an estimated total cost of--- These services are required to provide 24-hour . The It I , I I ,, .. ' , I I ' I I '" , I "' ..

current value of the contract will increase from

Period Additional Unit of Issue Hour Hour

Total Hours

Base/Modification Number Date Base P0000l P00002 P00003 November 29, 2022 P00004 December 8, 2022 P00005 December 12, 2022 P00006 P00007 P00008 June 30, 2023 P00009 P000l0 P000l 1 P00012 November 7, 2023 P00013 November 21, 2023 P00014 December 14, 2023 P00015 December 14, 2023 P00016 December 21, 2023 P00017 P00018 P00019 November 26, 2024 P00020 December 13, 2024 P00021 P00022

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

P00023 P00024 P00025 P00026 P00027 June 18 2026 P00028 June 25, 2026

Current Total Contract Value

Contract Period Base

Current J&A for O tion Periods 3 & 4 Total

U.S. Immigration and Customs Enforcement

Value

4. Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. §3304(a)(l) [RFO 6.301-1 Only one responsible source and no other supplies and services will satisfy agency requirements].

5. Identification of Exception to the Buy American Statute

Not applicable as this is a service requirement and not a supply.

6. Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

The Government has a need for additional on-call stationary guard support. The current hours for on-call stationary guard support are insufficient to meet the increased demands of the facility. As such, there is a need to increase the number of hours (not an increase in personnel) to ensure the detainee population is properly escorted and guarded to medical appointments, overnight hospital stays, juvenile and family supervised hotel stays, court hearings, and other locations. This is because the initial hours for on-call stationary guard services were estimated utilizing the 2021 average detainee population (ADP). A previous modification was processed to increase the hours since the hours were based on outdated historical data that required the agency to increase the required support. The current ADP projection is significantly higher, and the influx in ADP has created another increased need for on-call stationary guard hours.

The agency's minimum needs described above can only be satisfied by AIP. AlP is the only responsible source, and no other services will satisfy the Agency needs. This is because AIP, as the incumbent vendor has the unique capability to continue providing the on-call stationary guard support for the Port Isabel Detention Center (PIDC) without disruption to operational

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

U.S. Immigration and Customs Enforcement requirements since AIP currently manages this facility. The use of multiple contractors within the same facility poses security risks and would interfere with the ability to manage the respective detention facility, creating adverse operational consequences that are unacceptable.

Specifically, the services must be performed in accordance with stringent standards, e.g.

Performance Based National Detention Standards (PBNDS) including optimal standards, National Commission on Correctional Health Care (NCCHC), and American Correctional Association Adult Local Detention Facilities standards (ACA ALDF); and must be executed in an orderly manner with the utmost sensitivity to detainee safety, security, and care. This requires, among other things, maintaining the requisite levels of security while at the same time ensuring the safety of the detainees. Multiple contractors would pose an operational risk to the government by having different contract personnel, many of whom may be armed, utilizing dissimilar standard operating procedures, separate lines of communication, and performing under varying staffing and management structures. This could result in a lack of communication between government personnel and contract personnel; an unclear delineation of roles and responsibilities between contractors; and an inability to assess and properly respond to various types of incidents ranging from routine type incidents, such as addressing a standard detainee medical issue, to emergency situations, such as a detainee escape situation. Any of these risks could have security and welfare impacts upon the detainee population, contract personnel providing the detention and transportation services, and government personnel located at the facilities.

Moreover, AIP' s contract was competitively awarded, and they have completed a transition process, and have staff onboarded to meet the increased need and has been performing for the last 3.5 years. Therefore, AIP is the only responsible vendor that has the capability to immediately provide these services to meet the immediate needs.

Based on the above, no other source is capable of satisfying the agency's minimum needs. As such, AIP is the only responsible source capable of immediately satisfying the Agency's requirements and no other services will satisfy the agency's requirements.

7. 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 of the modification, as required by RFO part 5 by posting a notice on sam.gov on June 16, 2026.

8. 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.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

9. Description of Market Research.

U.S. Immigration and Customs Enforcement

A query of historical contracts was performed to determine whether there were other sources that could meet this effort. This query determined that while there are other contractors that off er this support, none could immediately provide these services without a lapse in escort guard support. Also, a notice was posted to the System For A ward 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 June 26, 2026, for the government's consideration. The CO received one response from an interested vendor. However, for the reasons already cited above, AIP remains the only contractor that can immediately provide the additional hours without a gap in support.

As previously discussed, AIP currently manages the entire facility . AIP' s contract was competitively awarded, they have completed their transition process, and they have current staff onboard to immediately 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, a new contractor would have to onboard their staff and gain ICE security favorable fitness determinations before they could provide support, which is often a lengthy process. Additionally, as previously outlined, employing two different contractors at the same site for the same work poses security risks.

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

No other contractor can provide immediate support for the detained population and meet all contract requirements without creating contractual conflicts. For example, awarding to another contractor would necessitate a new competitive award process, transition process, and additional personnel clearances to onboard staff.

The government does not require modification to the existing requirements or 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. Additionally, as previously noted, 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 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.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

U.S. Immigration and Customs Enforcement

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

The response was reviewed in accordance with RFO 6.30l(d)(l); however, for the reasons cited above, AIP remains the only contractor that can immediately provide the additional hours without a gap in support.

12. 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 the next re-competition, which is expected to be conducted during the last option period of this contract, to eliminate barriers to competition.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

13. Contracting Officer's Certification.

U.S. Immigration and Customs Enforcement

I certify that the data supporting the recommended use of other than full and open competition is accurate and com lete to the best of m knowled e and belief.

Genna Braden Contracting Officer

Date

14. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government's minimum need and that the supporting data, which forms a basis for this • ustification is com lete and accurate.

Jose Longoria Date Technical Representative/COR

15. Approval.

Albert Dainton Date Procuring Activity Advocate for Competition

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