J&A-20-0009 - Redacted (3).pdf

OFFICE OF ACQUISITION MANAGEMENT

Justification for Other Than Full And Open Competition

41 U.S.C. § 3304

J&A-20-0009

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 6.303-1.

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) on a basis of other than full and open competition.

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 pending the outcome of a competitive procurement and award to a new awardee within the required time. The Vendor will be awarded a funded task order.

Asset Protection and Security Services (APSS)

5502 Burnham Drive Corpus Christi, TX 78413

3. Description of Supplies/Services

This requirement seeks to obtain 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 the (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.

time, one day of full transition, 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 perform.

APSS currently performs integral functions, assisting ICE in achieving its mission. APSS is responsible for providing staff that are fully trained, knowledgeable and responsive at the FSPC.

Failure to award this contract to APSS would cause the Government unacceptable risk in fulfilling the agency’s requirements unless the Government is permitted to limit the sources from which it can solicit proposals. If it is not allowed to have the incumbent, APSS, to perform the contractor would have to demobilize from the FSPC, leaving the facility without the necessary personnel to service it. Another competitive procurement will take up to six (6) months, four (4) months of procurement and sixty (60) days of transition.

The Government does not have the personnel to man the FSPC facility. If a facility is not manned by contractors, the Government 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, without undue financial costs. With the levels of detainees in ICE custody, there are no available facilities to accommodate the detainees. 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, and supplies 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, the closure of the FSPC would mean the loss of detention space, operational capacity, and a deportation hub. It also would have a dramatic impact on ICE’s ability to meet the mission 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, the Government mission would be severely hampered.

Finally, the noncompetitive extension is the result of the implementation of corrective action in response to protests and is not due to a lack of advance planning. As stated above, this contract has been protested at two separate stages and is currently undergoing its second corrective action.

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

The Government posted a special notice on November 22, 2019, to receive capability statements from the industry which outline their ability to continue all management, supervision, and vehicles necessary to provide detention, transportation and food services at the Florence Service Processing Center (FSPC) in accordance with FAR 6.302-1(d)(2). The prospective vendors must have the ability to overcome the potential performance barriers to be deemed a viable source: employing approximately 300 guards who are cleared through ICE security; having all employees adequately trained to begin performance on December 20, 2019; successfully transitioned to begin full performance of services on December 20, 2019. The Government had a response time of November 26, 2019, by 12:00 PM.

This sole source action will be publicized and published 14 days from the date of award in accordance with FAR 6.305(a).

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, based on a comparison to current pricing at the facility, which was already deemed fair and reasonable. A pricing proposal was requested by the Contracting Officer from APSS for an eight-month base period. APSS proposed the current bed day rate of $232.97 for a guaranteed minimum of 374 detainees. APSS proposed a rate of $0.00 per bed day for all detainees above the guaranteed minimum. The proposed pricing is equal to the current pricing for detention services at the FSPC that is currently in place.

8. Description of Market Research

In accordance with FAR 6.302-1(d)(2), the Government posted a special notice on November 22, 2019, to receive capability statement from the industry which outline their ability to continue all management, supervision, and vehicles necessary to provide detention, transportation and food services at the FSPC. The deadline to receive responses was November 26, 2019 at 1200 PM EST.

The response is outlined in Section 10.

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

The Government is in the process of completing corrective action on the FSPC competitive RFP.

The Government anticipates a protest of award and will require APSS to provide services at the FSPC for the duration of the transition period and possible future delays in the procurement process.

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

The Government received one response from Paragon Systems. The Government reviewed the response of Paragon Systems and determined that the vendor cannot meet the Government’s requirement in the timeline required for continuity of services, due to the lack of cleared ICE personnel. APSS is the only source that can provide the services at FSPC under the circumstances.