70SBUR26P00000013_JA_signed Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template (Rev. 2/10/2026)

(g) Solicitation number. 70SBUR26Q00000116

(h) On June 11th, 2021, in the Miss L. v. Immigration and Customs Enforcement, No. 3:18-cv-00428 (S.D. Cal) case, DHS was issued a court order to return certain class members from the litigation to the United States. This order permitted the government to begin reunifying families in the U.S.

To comply with the requirements of the court order, DHS awarded contract 70RDAD21C00000011 to IOM on August 13th, 2021, to provide support services for the reunification effort. Contract 70RDAD21C00000011 was awarded with a 12-month base period of performance that began August 13th, 2021. Additional option periods were exercised, extending the period of performance through September 12th, 2026. Contract 70RDAD21C00000011 was awarded to IOM on a sole source basis under statutory authority 41 U.S.C. 3304(a)(1) implemented by FAR subpart 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

3. Description of Supplies/Services.

This requirement is to provide follow-on support services to contract 70RDAD21C00000011 to assist the beneficiaries covered by the Miss L settlement in reuniting with family.

Activities include assistance with parole and employment authorization application processes, acquiring documentation and subsequent actions required for country exit, forms and subsequent actions required for documentation for entry into the U.S., fingerprint collection, scheduling of interviews and appointments at the beneficiaries’ closest Embassy, a pre-reunification travel plan, booking international travel reservations, facilitating special travel assistance requests, providing pre-departure briefings, pre-embarkation health checks, assistance at the airport of departure and US port of entry, providing beneficiaries with information on post-reunification services including behavioral health services, and providing a help desk with a toll-free number for CONUS and OCONUS callers.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

Authority: 41 U.S.C. 1901

5. Identification of Exception to the Buy American Statute Not Applicable this requirement is for a service.

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

In late fiscal year 2025, the Secretary of Homeland Security determined that the administration of these services should be moved to the USCIS. After the decision was made to centralize these functions to USCIS, additional discussions took place between Immigration and Customs Enforcement (ICE) and USCIS to determine how services would be continued through the current contract and any follow-on procurements. In April 2026, it was decided that USCIS would handle any additional administration of the current contract beyond the period of performance that ends September 12th, 2026. The timing of the decisions did not leave enough time for the USCIS contract and program office to develop and execute a full acquisition strategy for a follow-on contract in accordance with the RFO, DHS, and USCIS supplemental requirements.

The Procurement Action Lead Time (PALT) for a new contract with this scope and complexity is 120 days from the day the solicitation is issued. The timing of the decisions did not leave USCIS sufficient time to complete a competitive procurement process.

Milestone Duration Acquisition Planning 20 Days

Request for Information Posted 20 Days Complete/Document Market Research 15 Days

Solicitation Issued 30 Days Source Selection/Award Decision Made 20 Days

Spending Approvals Received 20 Days Notifications Made 5 Days

This requirement has a unique set of services that include providing administrative services to assist class members and certain family members with specific support services and immigration processing. Additionally, the organization must provide assistance contacting and communicating with class members, separated parents, separated children, and additional family members necessary to facilitate reunification. Presently, IOM is the only organization known to the Government with the capabilities to provide these court ordered services.

IOM’s status as an intergovernmental agency and dedicated mission of migration assistance qualify IOM as the only source for these services. At this time, it would not be possible for another organization to initiate these services without creating a lapse in services. IOM has been providing these exact services for the previous five years and cases are ongoing.

If this justification is not approved and a contract is not awarded by September 13th, 2026, there would be a lapse in the court ordered support services for the reunification process, exposing the Government to additional litigation and costs. Additionally, any cases in progress would no longer be worked on, potentially leaving family members stranded with no one to monitor the help desk or provide assistance.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

An announcement is being planned for posting in SAM.gov, on or around August 28th, 2026, in accordance with RFO 12.202(b) and RFO 5.201(d).

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(s) will be fair and reasonable based on historical pricing. The price will be determined fair and reasonable in accordance with RFO 12.204 using any other additional information available.

9. Description of Market Research.

Based on the urgency of this requirement, limited market research was conducted to determine if IOM was a responsible vendor in accordance with RFO Part 9. IOM has successfully been performing these services since August 13th, 2021, and has a current registration on SAM.gov.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

None

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

No sources have expressed an interest in this acquisition in writing. A statement will be included in the combined synopsis-solicitation that any responsible sources may submit a quotation which will be considered by the agency.

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.

Market research will be conducted to determine if there are other vendors that can provide the services required by the Miss L. settlement. The results of the market research will determine if circumstances exist for a competitive procurement and develop an appropriate acquisition strategy to issue a follow-on contract.

Milestone Estimated Completion Date

Acquisition Planning 10 October 2026 Request for Information Posted 10 October 2026 Market Research Completed 20 November 2026 Solicitation Issued 7 January 2027 Solicitation Closed 6 February 2027 Award Decision Made 20 February 2027 Contract Issued 01 March 2027