A16_JOFOC_ACF_Child_Advocate_Redacted_1.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION AUTHORITY:

FAR 6.302, 41 U.S.C. 253(c)

140D0422R0021

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements by FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition for the Department of the Interior, Interior Business Center, Acquisition Services Directorate, Division 1 on behalf of the U.S Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR), Division of Unaccompanied Children Operations (DUCO). This justification applies to Child Advocate Service requirements in support of unaccompanied children in ORR custody.

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

This is a Justification & Approval (J&A) in accordance with FAR 6.303-1(d) and 6.302-2, Unusual and Compelling Urgency for a contract to facilitate child advocacy services and support. The current contract expires February 24, 2022 and was awarded to Young Center for Immigrant Children’s Rights (Young Center). Based on market research and a review of historical contract actions, Young Center has been identified as the best provider for this Urgent and Compelling requirement.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This contract is essential to address the urgent need for ORR/DUCO to continue temporary shelter care and other child welfare-related services to Unaccompanied Alien Children (UAC) in ORR custody.

Residential care services begin once ORR accepts a UAC for placement and ends when the UAC is released from ORR custody, turns 18 years of age, or the UAC’s immigration case results in a final disposition of removal from the United States. Residential care and other child welfare-related services are provided by state-licensed residential care programs in the least restrictive setting appropriate for the UAC’s age and needs.

On March 1, 2003, the Homeland Security Act of 2002, section 462, transferred the functions under U.S.

immigration laws regarding the care and placement of UAC from the Commissioner of the Immigration and Naturalization Service to the Director of ORR. ORR has responsibility for the care and custody of UAC who are in federal custody by reason of their immigration status. A UAC is defined as a child who:

(1) has no lawful immigration status in the United States; (2) has not attained 18 years of age; and (3) with respect to whom - (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.

RFP 140D0422R0021

ORR/DUCO requires Child Advocate services for the best interest of UAC by creating Best Interest Determinations (BIDs) for the most vulnerable children who have crossed the Southern Border, been processed by DHS, and are in the custody of HHS/ACF/ORR/DUCO. The BIDs are used for decisions regarding the care, placement, and release of UAC.

While ORR works with state and local officials to find permanent placements for UAC, the children are visited by the Child Advocates, who advocate for the best interest of the minor and help the minor understand their legal case and placement, and other care related issues. Child Advocates make the BIDs for UAC and provide their recommendation to ORR. These services are critical for ORR to carry out their statutory duty to provide for the well-being of UAC while they’re in the care and custody of HHS.

This bridge contract allows the Government to avoid a gap in the support to UAC in ORR custody and gives the required time for a competitive longer-term contract solution to be put in place.

The period of performance will be 12 months. In accordance with FAR 12.207, this contract action will be Firm-Fixed Price. The estimated value of these supplies and services is approximately .

4. An Identification of the statutory authority permitting other than full and open competition.

FAR 6.302-2 -- Unusual and Compelling Urgency. 41 U.S.C. 3304(a)(2)

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

ORR has responsibility for the care and custody of UAC who are in federal custody by reason of their immigration status. There is an on-going urgent need to provide child advocate services for UAC in the custody of ORR. The requirement is legislatively mandated and interruption in service while the need still exists could cause a humanitarian crisis. The current requirement expires on February 24, 2022. It is imperative to avoid a gap in child advocate services and support for UAC.

Although migration patterns and the number of UAC children entering into the US is volatile, the existing need must be met with a solution readily available to provide child welfare-related services for the children in ORR custody. The Government must have support in place for the continued care and well-being of UAC in federal custody. ORR anticipates an urgent need for child advocate services after February 24, 2022. Young Center has been providing these services satisfactorily for the last year and is identified by ORR as highly capable of continuing to perform the requirement, while a competitive requirement is being competed. Young Center does not need to ramp up and create the infrastructure required for this requirement. Young Center already has the network of advocates and staff in place and meets the requirements of William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA 2008) and the Violence Against Women Act of 2013 (VAWA 2013). It is necessary to expedite the contract for child advocate services so that UAC are unaffected and continue to receive the support required. At this time, utilization of a competitive process for such a large requirement will result in significant risk to the Government and result in an extended timeline. There is no time for a competitive process because the Government would not be able to make award by 2/24/2022. The Program Office conducted several reviews of the market research. On January 11, 2022, the Program Office confirmed that none of the GSA venders were deemed capable of meeting the requirement. It was determined that an open market competitive award was the best acquisition strategy after award of a sole source bridge contract. Utilization of a short-term sole source procurement will shorten the procurement timeline and thereby reduce the risk by allowing for continued support for UAC in ORR’s custody. This sole source requirement will provide urgent coverage until the competitive requirement is issued.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart

5.2 and, if not, which exception under 5.202 applies.

The exception at FAR 5.202(a)(2) applies. Accordingly, the notice has not been publicized. While the notice will be publicized, it will not be publicized in accordance with the time periods specified in FAR

5.203. The Government would be seriously injured if the agency complies with the time-periods for publication specified in FAR 5.203 because it would be unable to meet its statutory requirements.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will perform a price analysis to determine whether the proposed price is fair and reasonable in accordance with FAR 15.404-1. The Contracting Officer will compare the proposed price to historical prices paid (including current contract pricing and similar services on other ORR contracts), and the IGCE. Furthermore, as part of the price analysis, the Contracting Officer will include a comparison of the offered price to market pricing, in accordance with DOI-AAAP-0024, Enhancing Competition. This requirement is for commercial services and is exempt from cost analysis per FAR 15.403-1(b)(3). Other than certified cost or pricing data may be requested for further analysis if deemed necessary by the Contracting Officer.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

While the initial market research did indicate that this requirement could be competed, there is not enough time to carry out a competition in order to meet the Government requirement of award by end of February 2022.

The sources that were reviewed and considered are Open Market and General Services Administration (GSA) Multiple Award Schedule (MAS).

Market research was conducted by ACF from November 2020 through December 2020 and February 2021 through March 2021. Three potential sources were identified as a result of ACF’s market research:

Young Center, STG International (STGI), and Provider Resources.

Further market research was completed by AQD in November 2021. Since STGI and Provider Resources hold GSA contracts, AQD posted an RFI on GSA to identify capable contractors. Eight responses were received and sent to the Program Office for review. After several rounds of review, the Program Office deemed all of the GSA contractors incapable of successful performance of the requirement. The Program Office explained that there is no confidence the solution will be found on GSA.

The current contract was awarded to Young Center in February 2021. The Young Center is capable and readily available to meet the requirement needs. The follow-on contract is anticipated to be a full and open competition on SAM.gov to allow a large body of qualified competitors to provide a response to the solicitation. This assures the greatest probability of receiving high quality quotes.

Based on the results of the market research carried out between ACF and AQD, it was determined that Young Center should be the recipient of this sole source procurement, which will allow for support until the competitive procurement is completed.

Additional information may be found in the Market Research Report and the DI-1886 located in the file.

9. Any other facts supporting the use of other than full and open competition; such as:

As discussed above, this procurement is required to be completed by the end of February 2022 in order to reduce the risk of a humanitarian crisis by providing ORR with uninterrupted child advocate services.

Utilizing standard competitive procedures for such a large requirement will result in award beyond the end of February timeline. Such delays will cause a gap in service and ORR non-compliance with the responsibilities mandated by the Homeland Security Act of 2002.

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

Based on the sources sought notices posted by HHS and AQD, the following vendors provided an interest in this requirement:

Company Name POC Location Accenture

Federal Services Arlington, VA

AMA

Consulting

Lanham, MD

The Bizzell Group, LLC

New Carrollton, MD

Caduceus Atlanta, GA

Cognitive Response

Round Rock, TX

Provider Resources

Earie, PA

STG

International

Arlington, VA

Young Center Phoenix, AZ

These vendors will be considered for a long term, competitive contract solution that will provide child advocate services at 3 sectors throughout the United States.