70CDCR19FC0000007_P00008 LSJ.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-20-00328

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 (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of the office of Enforcement and Removal Operations (ERO) Custody Programs Division (CPD), proposes to modify call 70CDCR19FC0000007 pursuant to FAR 8.405-6(a), Limiting Sources.

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

(a) Type of action: Blanket Purchase Agreement (BPA) Call Modification

(b) Amount the current J&A is justifying: $6,331,544.00

(c) Brief Description: OAQ intends to modify an existing BPA call to add services in the form of additional call center staffing at the ERO Contact Center of Operations (ECCO) from the following vendor:

Capgemini Government Solutions LLC (Capgemini) 1765 Greensboro Station Place, Suite 300 McLean, VA 22102

3. Description of Supplies/Services.

The requirement is for the staffing of 12 additional Call Center Operators and 2 additional Call Center Supervisors for current and all of the remaining option periods, as well as for to establish an Overtime line item (CLIN) for immediate use. This is an expansion of services already being provided and will enable the ECCO to maintain the required level of service as the number of calls and contacts continue to increase. The Overtime CLIN will allow existing staff to have an immediate impact while additional employees are onboarded and trained. The total cost of this increase to the current and remaining option periods of this contract is as follows:

Period Award Value Previous Increases

Current Increase New Value

Base Period $500,000 $0 $0 $500,000.00 Option Period 1 $2,159,070.00 $0 $0 $2,159,070.20 Option Period 2 $3,233,344.00 $553,009.60 $1,084,184.00 $4,870,537.60 Option Period 3 $3,233,344.00 $603,283.20 $1,749,120.00 $5,585,747.20 Option Period 4 $3,233,344.00 $603,283.20 $1,749,120.00 $5,585,747.20 Option Period 5 $3,233,344.00 $603,283.20 $1,749,120.00 $5,585,747.20

Totals: $15,592,446.20 $2,362,859.20 $6,331,544.00 $24,286,849.40 http://uscode.house.gov/

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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

Authority:

☒ 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:

BPA call 70CDCR19FC0000007 was originally awarded to Capgemini on March 14, 2019, to staff and operate the ECCO with an anticipated call volume of approximately 5,000 calls per week. It is in the interest of economy and efficiency to increase the current number of operators and supervisors and to establish an overtime Contract Line Item Number (CLIN) because there has been a general increase to Alternatives to Detention (ATD) operations, which further increases calls into the ECCO. These changes have increased the call volume into the ECCO over the last several months to over 8,000 calls per week and is quickly approaching 9,000 calls per week. These are numbers that could not have been anticipated when the call was awarded. At this volume and level of service, the call capture rate of the ECCO has fallen from 92% to just 73%, meaning that over one quarter of all calls into the ECCO go unanswered. As the number of migrants crossing the southern U.S. border continues to increase, the number of contacts made to the ECCO is expected to continue to increase beyond the volume that the BPA call was designed and intended to handle. The increased level of service is required immediately and will establish a permanent change to the level of service and call volume the ECCO will be expected to manage.

These services were already competitively procured under BPA call 70CDCR19FC0000007, which was placed in accordance with the applicable Federal Supply Schedule ordering procedures. This action provides more of the same services currently being provided due to the unexpected call volume increase, therefor the additional services are a logical extension to the current call order. Increasing the number of Call Center Operators and Call Center Supervisors will allow the ECCO to accommodate a higher number of contacts and maintain a call capture rate of 92%, providing immediate relief as well as mitigating the risk of this situation occurring in the future. For these reasons it is in the interest of economy and efficiency to award to Capgemini.

The government will also add an Overtime CLIN with a Not-to-Exceed amount of $400,000.00 for the remainder of the current option period, which expires on January 23, 2022. This CLIN will be used for the current call center staff to work overtime hours and immediately increase the level of service while the additional staff are onboarded and trained.

The government will use the minimum amount of overtime hours required.

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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

The price being offered by the vendor for the additional positions is deemed fair and reasonable based on prices paid for similar services. The modification increases the staffing level of existing positions and vendor is offering the added positions at the same rate as the existing positions. The rates for these positions were deemed fair and reasonable at the time of award, based on competition. Additionally, the Task Order was placed against the vendor’s Federal Supply Schedule which the General Services Administration (GSA) has already determined to be fair and reasonable.

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 the award of the current call. There is an adequate number of vendors who can perform these services, however for the reasons stated above it is not in the best interest of the Government to issue a second contract for the same services.

Issuing a new contract for the same services that the vendor operating the ECCO is currently providing would be duplicative and having two different vendors operate the same call center and manage the same phone lines would create unnecessary confusion and is not in the best interest of the government.

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.

The current BPA call was issued against ICE’s Business and Professional Services for Law Enforcement (BAPSLE) Multiple-award BPA, which expired on July 23, 2019, and cannot be used again to issue a new call order. The services are available within the commercial marketplace however, these services are already being performed under this call therefore the most advantageous strategy for the Government is to procure these services from the current vendor at a higher level than previously estimated. Additionally, following ordering procedures for a new procurement would result in unacceptable delays to the program office and significant number of missed or backlog of calls that will cause irreparable damage to the mission of the ECCO and the agency.

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.

This is a one-time action required to allow the existing call center staff and vendor to maintain the required level of service. For future procurements of this requirement, the number of calls and contacts into the ECCO are recorded as historical data and will be provided to vendors during the solicitation phase, allowing them to anticipate the possibility of this call volume occurring.

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

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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10. Technical/Requirements Personnel Certification.

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

Technical Representative/COR Date

11. Contracting Officer Certification and/or Approval

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Date

12. Approval.

Over $700,000 but not exceeding $13.5 million Date Competition Advocate