70B03C19F00000605 - Limited Sources Justification - CBP_Deployed Resources - MPP IHF_Redacted.pdf

LSJ – MPP/IHF 70B03C19F00000605 Page 2 of 5 to continue providing the facilities and services, ensuring critical MPP/IHF capacity remains available without interruption, as further detailed below. The estimated costs associated with this requirement are as indicated in the below table.

Period Total Price

7/18/2020 – 01/17/2021 (up to 6 months)

4. Authority and supporting rationale.

FAR 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.

This acquisition is being conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), in accordance with FAR 8.405-6(a) and FAR 8.405-6(c), Limiting Sources.

CBP is with other DHS agencies to define long-term requirements and a corresponding FY21 acquisition strategy. With the current task order’s period of performance ending and the need for such services still ongoing, exercising the task order’s six month Option to Extend Services is in the Government’s best interest. Exercising this extension will provide critical continuity of services while DHS carries out a strategy for permanent Facilities and Services.

The current task order provide extensive benefits towards the security and welfare of the United States by allowing for critical immigration hearings directly at the border, prior to entry into the United States. This has saved on both detainee transportation costs as well as the potential economic and national security costs of releasing immigrants at the border who have not been adjudicated, into the United States, who often do not return for hearings.

A full competitive action in lieu of exercising the existing Option to Extend Services is not feasible nor in the best interest of the government. The logistics and costs of demobilization and mobilization, at the same location since there are no other locations available, would result in significant overhead costs to the Government. The plan for permanent facilities is at a separate location. Therefore, for the short period of performance of this action, 6 months, and the need to continue these critical services without interruption, this order represents the best value consistent with FAR 8.404(d).

Awarding a contract to a firm other than the incumbent would be cost-prohibitive, resulting in an estimated additional (mobilization and demobilization) to stand up a similar operation to what is already in place. Furthermore, even if CBP were to conduct a competitive acquisition for these services, the current facilities would have to stay in-place until the new contract is awarded and new facilities were constructed. Limited land is available on which to build new structures, and CBP’s Office of Facilities and Maintenance

LSJ – MPP/IHF 70B03C19F00000605 Page 3 of 5 has officially identified that there is no land available to build additional facilities alongside the existing facilities in order to accommodate a new build.

DHS has invested approximately with the incumbent to stand up operations from July 2019 to present. Therefore, it would not behoove CBP, from a financial standpoint, to spend additional funds to award a competitive contract to a new contractor for a short period of time. If the current facilities are demobilized, this could lead to delays in CBP’s ability to provide critical Immigration Hearing Services to the migrants. Given DR has worked extensively with CBP to ensure these facilities meet the Agency’s needs and they have the unique experience and expertise to continue the immediate services, CBP intends to award this action pursuant to FAR 8.405-6(a)(i)(1)(b).

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The supplies and services on Deployed Resources GSA schedule are listed at fixed prices and rates of service, and the Contractor has applied additional discounts to those rates for this extension. The ordering activity has conferred with the Contracting Officer (CO) concerning the level of effort and the labor mix proposed to perform the specific tasks as identified in the SOW, and a determination has been made that the contractor’s labor mix and level of effort is commensurate with extension requirements.

GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the Contracting Officer has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. Additional discounts have been offered and provided by Deployed Resources for this requirement, a price analysis against current pricing has been completed, and the CO has determined that the total price for this extension is fair and reasonable, based on the analysis.

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 identified several firms that provide similar services, however due to the circumstances surrounding this modification, and the need to keep the current facilities intact for the current humanitarian crises, extending the current task order will allow CBP time to assess the developing situation and compete a new contract with a better grasp of future needs.

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.