Case Mgmt JA Final Redacted_Redacted.pdf

3. Description of Services or Supplies:

Basis for Approval (FAR 6.303-1{d)) �Individual Basis D Class Basis

The total estimated value of the proposed action, including all options is

The Government requires nationwide case management, technical and interpreter services for unaccompanied children (UC) in the Office of Refugee Resettlement's (ORR) custody. These services are necessary to ensure that ORR provides a safe and appropriate environment to UC who enter the United States without immigration status and without a parent or legal guardian able to provide for their physical and mental well-being. Under the Homeland Security Act of2002 and the Trafficking Victim Protection Act of2008 (TVPRA), ORR is responsible for providing care and custody of UC. Continued case management, technical, and interpreter services are necessary for ORR to comply with its statutory responsibility to care for UC, including assessing the suitability of potential sponsors, as required by 8 U.S.C. 1232, Enhancing efforts to combat the trafficking of children, paragraph (c), Providing safe and secure placements for children, subparagraph (3), Safety and suitability assessments.

The anticipated action resulting from this J&A will be a modification to the existing contract, 75ACF121 C00089. The modification will incorporate multiple option periods which will allow the Government to extend services under the existing contract by a total cumulative length of not to exceed six ( 6) months. The length of each individual option period will be determined prior to award, and are not anticipated to exceed sixty (60) days each. The Government's decision to extend the existing contract is based on the timing of the award of a replacement contract by the Department of Interior (DOI). The replacement contract is currently under corrective action following a GAO protest, and ORR is at serious risk of not meeting its statutory obligations if there is a lapse in service under the existing contract.

Also, in the event that performance of the replacement contract is subsequently delayed due to additional protest activity, ORR will need access to case management and related services during the resolution of the protest. The scope of work covered by the existing contract and the replacement contract are substantially the same.

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart6.3.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

□FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C.

3304(a)(1)

I Ill FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2)

Contract 75ACF121C00089 for nationwide case management and related services was awarded to The Providencia Group LLC 1577757 on August 25, 2021, by letter contract with an effective date of August 26, 2021.

On May 20, 2022, the existing contract was defmitized through modification P0000l to include five, two-month base periods (August 26, 2021-June 15, 2022). The modification also exercised FAR 52.217-8, Option to Extend Services, for 6 months (June 16, 2022- December I 5, 2022). The existing contract and modification were awarded under a Class J&A in accordance with FAR § 6.303-1 (d) and 6.302-2, Unusual and Compelling Urgency, FAR§ 8.405-6(a)(l)(A), Limiting Sources, and FAR§ 16.505(b)(2)(i)(A), Exceptions to the Fair Opportunity.

The total contract value before the contemplated modification i�The contractor has performed the services required under the contract satisfactorily during contract performance to �

ORR entered into an lnteragency Agreement with the DOI's procurement office to solicit and award the replacement competitive contract for case management, technical, and interpreter services. A competitive contract was awarded on September 19, 2022. However, on September 27, 2022, ORR was notified that the contract award was protested. As required by the Competition in Contracting Act, a stop work order was issued. The stop work order prevents the new contractor from providing services under the contract until the stop work order is lifted. In October 2022, DOI determined that corrective action was necessary to address allegations made in the protest. The week of November 14, 2022, DOI notified ORR that the stop work order would remain in place until a new award decision was made. While DOI is taking the steps necessary to complete the corrective action in time to make a new contract award decision by mid-December 2022, the extension of the existing contract for up to an additional 6 months is necessary to avoid a lapse in service if there is a frther delay in u the award of the replacement contract, or if the award of the replacement contract is protested.

By law, (6 U.S.C. §279(g)(2)), HHS has custody of, and must provide care for, each UC. A UC is a child who has no lawful immigration status in the United States; has not attained 18 years of age; and, with respect to whom, there is no parent or legal guardian in the United States, or no parent or legal guardian in the United States available to provide care and physical custody.

Under the Homeland Security Act of 2002, Congress transferred the care and custody of these minors to ORR from the former Immigration and Naturalization Service to move away from the adult detention model. In the TVPRA (8 U.S.C. § 1232(c)(2)), which expanded and