Other Than Full and Open Competition Redacted for Public Release_10.19.26.pdf

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

Page - 1 - of 9

J&A-26-0098, Rev. 1

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-111) and in

F accordance with the requirements of Revolutionary FAR Overhaul (RFO) 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 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 definitize a letter contract previously awarded on behalf of Enforcement and Removal Operations (ERO) on a basis of other than full and open competition.

This action does not constitute a new initial justification for award. Rather, this justification supports the definitization of an already justified and approved letter contract. The underlying basis for use of other than full and open competition remains unchanged.

However, during definitization, the Government has identified an increase in the anticipated contract duration and total estimated cost required to maintain uninterrupted detention operations and support ICE’s ongoing mission requirements at Camp East Montana.

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

(a) Nature of action: DHS ICE intends to definitize a previously awarded letter contract for detention and facility management services at Camp East Montana on a sole source basis.

The original letter contract was awarded to meet ICE’s immediate and critical operational requirement for uninterrupted detention and facility management services. This action definitizes that letter contract in accordance with applicable acquisition requirements.

The sole source basis remains the same as previously justified and approved: Amentum Services Inc. is the only responsible source capable of providing the required services without interruption because of its ownership and operational control of the facility infrastructure.

The definitized action reflects an increased period of performance and increased estimated cost from the original letter contract planning assumptions. These increases are necessary to provide continued detention and facility management services while ICE maintains continuity of operations and evaluates longer-term alternatives.

(b) Name and address of the Contractor:

1 FAR Class Deviation 25-11 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS RFO Deviations therefore are referred as RFO.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

Page - 3 - of 9 of performance and associated increase in estimated cost to allow ICE to maintain uninterrupted operations while longer-term requirements and alternatives are addressed.

3. Description of Supplies/Services.

This requirement entails the continued provision of comprehensive detention and facility management services at Camp East Montana, including secure housing, medical care, transportation, food service, facility maintenance, security support, and compliance with ICE National Detention Standards 2025.

The acquisition is critical to maintaining uninterrupted detention operations following termination of the prior contractual arrangement and transition to the current letter contract.

The contractor must demonstrate the capacity for continued operation, immediate performance, and sustained adherence to all applicable regulatory, detention, medical, safety, and performance requirements.

This definitization action preserves the same core requirement and sole source rationale previously approved for the letter contract. The increased duration and cost are necessary to maintain continuity of operations, safeguard detainee welfare, avoid mission disruption, and support ICE’s statutory responsibilities for custody and removal operations.

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)(1) as implemented by:

� RFO 6.103-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Identification of Exception to the Buy American Statute

Not applicable.

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

This action definitizes an already justified and approved letter contract for detention and facility management services at Camp East Montana. The basis for using other than full and open competition remains unchanged. Amentum is the only responsible source capable of meeting ICE’s immediate requirement for uninterrupted detention and facility management services at this location.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

Page - 5 - of 9

The definitized contract includes an increased duration and total estimated value compared to the original letter contract assumptions. This increase does not change the underlying sole source basis. Rather, the increase reflects the Government’s updated assessment of the time and resources required to maintain uninterrupted operations while ICE continues to evaluate long-term detention capacity alternatives, including potential replacement of the temporary facility.

Accordingly, Amentum remains the only available responsible source capable of fulfilling ICE’s immediate and continuing requirements for detention and facility management services at Camp East Montana. Full and open competition cannot be used for this action because no other source can satisfy the agency’s needs without unacceptable delay, disruption, and risk.

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

A pre-solicitation notice was originally published on March 11, 2026, as required by RFO 6.103(d)(1) and 5.101(b)(2) (FAR Class Deviation 25-17). The purpose of the notice was to ensure that, to the maximum extent practicable under the circumstances, potential sources were notified of the requirement and afforded an opportunity to express interest or submit capability statements.

This action definitizes the previously awarded letter contract. Because the requirement remains tied to Amentum’s ownership and operational control of the Camp East Montana infrastructure, the Government has determined that soliciting additional offers for this definitization action is not practicable. No other source has demonstrated the ability to provide uninterrupted detention and facility management services at the site.

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 will be fair and reasonable based on the Government’s review of the independent government cost estimate, prior acquisition history for similar detention and facility management contracts, historical pricing for comparable services, applicable labor requirements, and analysis of market rates.

Because this action definitizes a previously awarded letter contract, the contracting officer will evaluate the contractor’s definitization proposal and supporting data to determine price reasonableness. The contracting officer will request other than certified cost or pricing data, as appropriate, to support the definitized price and will evaluate those submissions in accordance with RFO Part 15 (FAR Class Deviation 26-08, R1) and Homeland Security Acquisition Manual 3015.

The contract is also subject to applicable Service Contract Act wage determinations, which will be used as a benchmark to evaluate labor pricing and ensure consistency with prevailing wage requirements. The Government will assess labor, materials, equipment, mobilization, operations, demobilization, and other direct and indirect cost elements, as applicable, to ensure that the final negotiated price is fair and reasonable.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

Page - 7 - of 9

The requirement cannot be modified to enhance competition without fundamentally compromising operational continuity and detainee welfare. Any attempt to reconfigure the scope of work or segment services would necessitate the construction of new infrastructure, extensive mobilization, and transition planning, all of which would result in unacceptable delays, increased costs, and significant risk to the life, safety, and well-being of the detainees currently housed at the facility. Furthermore, the nationwide shortage of available detention bedspace precludes the possibility of relocating the population to alternative sites.

For follow-on acquisitions under RFO 6.103-1, the estimated cost to the Government that would be duplicated by transitioning to a new contractor includes the full replacement of proprietary infrastructure, mobilization of personnel, and the establishment of compliant operations. Based on recent facility construction and operational startup costs for comparable detention centers, the Government would incur an estimated in duplicative costs, derived from facility build-out, equipment procurement, regulatory compliance, and transition logistics. This estimate is based on historical data from prior ICE and DHS detention facility acquisitions and reflects the substantial investment required to replicate Amentum’s operational capacity.

There are no exceptional circumstances under RFO 6.103-2 or HSAR 3006.103-2(c)(70) applicable to this procurement, as the sole source action is justified under RFO 6.103-1 due to the exclusive and operational control of the facility by Amentum.

In summary, the proprietary nature of the facility, the inability to modify requirements without jeopardizing mission continuity, and the substantial duplicative costs associated with transitioning to a new provider collectively reinforce the necessity for other than full and open competition. These supplemental facts demonstrate that only Amentum can fulfill the Government’s immediate and critical operational needs at Camp East Montana.

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

A pre-solicitation notice was originally published on March 11, 2026, as required by RFO 5.101(b)(2) (FAR Class Deviation 25-17). As of this date, Amentum was the only company that expressed interest in providing detention and facility management services at Camp East Montana. No other sources submitted written expressions of interest for this requirement.

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.

The government will continue to surveil the marketplace and conduct ongoing market research to identify potential measures for removing or overcoming barriers to competition in future acquisitions. For this specific requirement, competition is not feasible due to the proprietary nature of the Camp East Montana facility and the exclusive ownership of its infrastructure by Amentum. However, ICE is committed to revising technical specifications, acquiring data rights where practicable, and engaging with industry to encourage broader

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

Page - 9 - of 9

15. Required Agency Level Approvals.

Procuring Activity Advocate for Competition/ Head of Contracting Activity

Date

16. Approval

Chief Procurement Officer Date