Justification and Approval (FY20)_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

Justification for Other Than Full And Open Competition

41 U.S.C. § 3304

J&A-20-0002

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) in accordance with the requirements of FAR 6.303-2.

The justification for the use of the statutory authority under FAR Subpart 6.3 is based on the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity

The U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of Enforcement and Removal Operations (ERO).

2. Nature and/or Description of the Action Being Approved

(a) Type of action: Firm-Fixed-Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ).

(b) Amount of the current J&A:

(c) Brief Description: OAQ intends to procure, on a sole source basis, detention center services. The vendor listed below is the only company that can provide the required services for a seamless and efficient transition to the new awardee.

Asset Protection and Security Services (APSS)

5502 Burnham Drive Corpus Christi, TX 78413

3. Description of Supplies/Services

This requirement seeks to obtain services for all oversight on management, supervision, and vehicles necessary to provide detention, transportation and food services at the Florence Service Processing Center (FSPC), 3250 N. Pinal Parkway Avenue, Florence, AZ 85132. The FSPC requirement encompasses the following work: (1) Detention and Food Services; (2) Transportation Services; and (3) Detainee Work Program.

The FSPC operates as a Government-owned operational facility. Detainees are classified as High (Level 3), Medium (Level 2), or Low Risk (Level 1). The Contractor provides a minimum of one Detention Officer of the same gender as the detainees on each post. The Government also requires stationary detention services that include, but are not limited to, escorting and guarding detainees to medical or doctor’s appointments, to court hearings, ICE interviews, transporting to designated detention facilities, and any other locations as requested.

The contract also requires ground transportation services and the assignment of two-person teams on a daily basis distributed throughout a 24-hour period, seven days a week, including weekends and holidays. The contractor is responsible to furnish and maintain suitable vehicles in good condition to safely provide the required transportation services.

The contractor must also provide all personnel, supervision, and items and services necessary to perform full food service, to include satellite meals and/or sack lunches, at the FSPC. This requirement includes but it is not limited to: menu planning; ordering food and supplies, receipt, storage, inventory and record keeping; food preparation; meal service; dinning facility management; cleaning facilities, equipment, and utensils; maintaining quality control;

ensuring operator level maintenance and cleaning; and in the event of a contingency, perform all required tasks to include continued service.

Additionally, the FSPC meets requirements within the Phoenix, AZ area of responsibility to be in close proximity to adequate hospital and mental care. The projected period of performance is October 28, 2019 through December 20, 2019.

Option Period Period of Performance IGCE 70CDCR20D00000002 October 28, 2019 through December 20, 2019

Total

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)(2) as implemented by FAR Subpart 6.302-2, “Unusual and Compelling Urgency.”

5. Demonstration that the Contractor’s Unique Qualifications or the Nature of the Acquisition Requires the Use of the Authority Cited

This requirement was subject to full and open competition that was protested and a contract that would cover the corrective action period that was also protested. The full and open competition RFP is currently undergoing corrective action. A contract was awarded to APSS to cover the corrective action period. A continuation of services during the second corrective action period is necessary to avoid closure of the FSPC. There are no other providers who can immediately service the FSPC in the amount of time available (1 day) to maintain uninterrupted services at the FSPC. As the incumbent, APSS is intimately familiar with the nuances associated with the detention of ICE detainees at the FSPC and has the personnel necessary and already vetted to immediately performing.

APSS currently performs integral functions, assisting ICE in achieving its mission.

APSS is currently responsible for providing staff that are fully trained, knowledgeable and responsive the FSPC. APSS provides support personnel, including managers, who have proper security clearances and efficiently carry out the detention management and administrative duties required by the contract in accordance with current laws and regulations. Moreover, APSS is responsible for the timely acquiring and/or accomplishing of training, certifications, licenses, drug testing, uniforms, equipment, supplies and necessary to provide the full range of required detention, transportation, and food services at the FSPC. APSS is currently providing safe and secure conditions for confinement based on the individual characteristics of a diverse population, including: threat to the community, risk of flight, type and status of immigration proceedings, community ties, and medical and mental health issues. Any disruption to these functions will adversely affect the performance of the ICE mission and will cause serious injury to the Government. This would include having to find available facilities that could receive the current detainees, which ICE would have to relocate if no contractor is in place servicing the FSPC.

Furthermore, if closure of the FSPC takes place, it means the loss of detention space, operational capacity, and a critical deportation hub, which would cause ERO’s mission failure in the southwest region.

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

Because of a second GAO protest to Contract No. 70CDCR18D000000005 on September 4, 2019, the Government determined it would be in its best interest to take corrective action re-award. Corrective action was approved by the GAO on October 1, 2019, FAR 6.302-2(a)(2) allows agencies who need services in instances of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits proposals. The current contract will expire on October 27, 2019, leaving less than a one month to award a new contract. Due to the timing of the protests and the corrective actions needed, APSS is the only source that can provide the services at FSPC under the circumstances.

This sole source solicitation will not be publicized due the exception outlined in FAR 5.202(a)(2) but the J&A will be published 30 days from the date of award in accordance with FAR 6.305(b).

7. Determination by the Contracting Officer that the Anticipated Cost to the Government Will be Fair and Reasonable

The Government has determined that the anticipated price of stop gap services provided is fair and reasonable. A pricing proposal was requested by the Contracting Officer from APSS for a seven-month base period. APSS proposed the current bed day rate of for a guaranteed minimum of 374 detainees. APSS proposed a rate of per bed day for all detainees above the guaranteed minimum. The proposed pricing is 2.68% higher than the current pricing for detention services at the FSPC that is currently in place. The anticipated value of the Fifty-four day urgent and compelling requirement is as detailed below:

Fifty-Four Day Extension:

CLIN 0001A: The Bed Day Rate is , so funding for CLIN 0001A would be 374 bed days x 54 days x = CLIN 0002A: For 54 additional days, the hourly rate for CLIN 0002A is x (328 hours x 54 days x ) = CLIN 0002B Miles 40-48, CLIN 0002B rate is per mile (average 460.27 miles x x 54 days) =

CLIN 0002 C Miles <40, CLIN 0002C rate is per mile (756.16 miles X x 54 days)=

CLIN 0003 Detainee Wages, CLIN 0003 rate is per day ( per day x 132 per day x 54 days) = CLIN 0004: Monthly Administrative Services, CLIN 0004 monthly rate is ( / 30 days = per day x 54 days) = CLIN 0005 Upgrade of Satellite TV system = Total for all the CLINs:

8. Description of Market Research

Market Research was conducted for the requirement in relation to the procurement of detention, transportation, and food services for the contract that was awarded on September 26, 2018. The Government placed the Request for Proposals (RFP) on FedBizOpps on August 22, 2016. After protests to the award, the effect on the stay and the expiration of the last task order on December 20, 2018, the Government determined that under the circumstances, FAR 6.302- 2(a) allowed a limitation on the number of proposals. The contract award, Contract No.

70CDCR19D000000002, issued to cover the corrective action of the competitive RFP was subsequently protested. The Government was able to make the award of the of 70CDCR18D00000005; however, the Government received two GAO protests of the award on September 4, 2019. The Government determined that corrective action is in the best interest of the government. The corrective action for the protests does not leave time to conduct full and open competition and no new market research can be conducted for this new contract. APSS is the only source capable of immediately meeting the Government’s unusual and compelling urgent need.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition

ICE is in the process of completing corrective action on the FSPC competitive RFP. It requires, however, a contractor to provide services at the FSPC for the duration of the corrective action. Failure to award this contract to APSS would require conducting full and open competition on an unusual and compelling urgency. The Government will be seriously injured unless ICE is permitted to limit the sources from which it can solicit proposals. The amount of time it must have needed to procure for the bridge contract is 11 days. If it is not allowed to have the incumbent, perform APSS would have to demobilize from the FSPC, leaving the facility without the necessary personnel to service it. There are no Government-own facilities or other facilities under contract near the FSPC that could house the FSPC detainees. A competitive procurement will take up to six (6) months, four (4) months of procurement and sixty (60) days of transition.

ICE does not have the personnel to man the FSPC facility. If a facility is not maned by contractors, ICE would have to remove all detainees currently at the FSPC and would have to relocate them to facilities across the country with available space, which it cannot do. With the levels of detainees in ICE custody, there are no available facilities to accommodate the detainees.

The closure of the FSPC would mean the loss of detention space, operational capacity, and a deportation hub. It also means total mission failure in the southwest region of the country. The FSPC serves a unique purpose because it is used as the final deportation hub of the agency.

Deportation Flights and ground transportation to ports of entry for deportation begin at the FSPC, without it, ICE mission would be severely hampered.

10. A Listing of the Sources, if any, that expressed in writing an Interest in the Acquisition

There were six responses received concerning HSCEDM-16-R-00001 as referenced in paragraph

8. However, APSS is the only source capable of immediately meeting the Government’s unusual and compelling urgent need. Therefore, APSS is the only source the Government can solicit to ensure uninterrupted operation of services at the FSPC.

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

The Government released solicitation HSCEDM-16-R-00001 on August 22, 2016 on a full and open competition basis. Additionally, the Government expects future solicitations to be issued competitively. The proposed sole source IDIQ continuation of services contract covers the FSPC from October 28, 2019 through December 20, 2019. ICE has structured this continuation of services as a Fifty-four-day period. ICE expects to complete a congressional notification and subsequent J&A based on Urgent and Compelling basis to December 20, 2019. A reaward of the Florence contract is anticipated to take place on or before December 20, 2019 at which time this sole source will be terminated.

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