CBP LSJ SSF Yuma Final 8.13.2024.pdf

Attachment 4 U.S. Customs and Border Protection

Limited-Sources Justification (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Version 2.0 November 2020

Date: August 7, 2024 PR Number: 20144629

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C.

152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity. Identification of the agency, contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

Through this Limited-Sources Justification, the U.S. Department of Homeland Security (DHS), United States Customs and Border Protection (CBP), Office of Acquisition, proposes to issue a new task order under DHS BPA number 70RDAD21A00000012 pursuant to FAR 8.405-6(a), Limiting Sources. The Task Order will extend services of the soft-sided facilities at Yuma, A ., 1375 capacity for continued services for the holding of single adults, family units and unaccompanied children.

2. Nature and/or description of the action being approved. Describe the action being approved, and include the name and address of the proposed contractor(s).

CBP intends to award a follow on Task Order via DHS multiple-award BPA 70RDAD21A00000012 to support the soft sided facility (SSF) Yuma, Arizona for processing and holding of non-citizens at the Southwest Border with continued operations holding family units, unaccompanied children and single adults. The proposed contractor is Deployed Resources, LLC (Deployed Resources), 164 McPike Road, Rome, New York, 13441-4241.

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

The requirement is to provide continued Supplies, Services and Maintenance of existing facilities and provide any renovation as required to keep operational integrity. The services include a fully operational turn-key facility with guard, janitorial, maintenance and other services for the purpose of holding noncitizens in CBP’s custody. BPA Task Order #70B01C22F00000711 was awarded on September 04, 2022, and issued under BPA 70B01C21A00000012. This current period of performance under Task Order #70B01C22F00000711 was 15 months (inclusive of options) and the new period of performance is 1 month base and 30 option months for the follow-on task order with a total cost of $451,300,914.00.

Period Unit Price Total Base 1 month $14,558,094.00 $ 14,558,094.00 30 one-month options $14,558,094.00 $436,742,820.00

Limited-Sources Justification (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Version 2.0 November 2020

4. Authority and supporting rationale.

FAR 8.405-6(a)(1)(i)(C) – In the interest of economy and efficiency, the new work is a logical follow-on to a task order that was issued under a competitively awarded CBP BPA 70B01C21A00000002 against Federal Supply Schedule contract GS-10F-0309T. This justification is issued in the interest of economy and efficiency to prevent disruption of services, duplication of efforts, transition delays, and increased costs.

The United States Southern Border is currently experiencing unprecedented migration of individuals seeking asylum in the United States. The border enforcement protections of Title 42 have been phased out, causing even greater numbers of migrants to be processed. All current detention/processing facilities are full, with only limited space available in any southwestern border U.S. Border Patrol location. As a result of limited space and capacity, CBP has continuing need for the current SSF at the Yuma Arizona site.

The current structure is already in place by the incumbent contractor. Due to real estate constraints at the Yuma site, if a new vendor was selected via a competition to place their structure on the site, there would require up to a 70- to-90-day transition period while existing facilities and infrastructure were torn down, and new facilities put into place

This transition would create an unacceptable and problematic gap in services with no suitable facility for holding non-citizens. Attempting to relocate the migrant population to other facilities that are at or near capacity creates significant safety and security concerns for CBP and the migrants. Additionally, awarding a contract to a firm other than the incumbent would result in additional mobilization and demobilization costs to stand up a similar operation to what is already in place. Accordingly, any such transition to a new contractor in the short term would create unacceptable interruption in services, and result in safety and security concerns and would result in additional costs of an estimated $14 million.

Deployed Resources is uniquely situated to provide the ongoing necessary services to CBP as the current contractor for CBP under the task order. It would cause unacceptable delays, additional costs, risk to the agency and migrants, and increased resources to take down the existing facility managed by Deployed Resources, and put up a new temporary facility from another vendor. Deployed Resources is the only company capable of supporting the immediate on-going mission of Yuma Sector Border Patrol. Given that Deployed Resources maintains the existing SSF at the location, it is in the interest of efficiency and economy to award the incumbent a logical follow-on Task Order in accordance with FAR 8.405-6(a)(1)(i)(C).

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The contracting officer has determined that the follow-on contract to Deployed Resources using DHS BPA70RDAD21A00000012 represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. The General Services Administration (GSA) has already negotiated fair and reasonable pricing. Discounts to

Limited-Sources Justification (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Version 2.0 November 2020 these GSA schedule rates will be requested. Additionally, CBP will consider the level of effort and the mix of labor proposed to perform each specific task being ordered to determine whether the total price of the expansion is reasonable. As part of the analysis, the contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE) as well as to previous CBP contracts for wrap-around services and soft-sided facilities including the current contract with the incumbent.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Market research was conducted for the original task order award by examining several schedule holders; however, CBP currently rents its existing soft-sided facilities from Deployed Resources, and there is not enough real estate to construct a neighboring facility. It would cause unacceptable delays and have significant mission impacts to have the existing facilities torn down and a new contractor erect new facilities to meet CBP’s needs for these areas. On May 28, 2024, a Request for Information (RFI) was also issued to the BPA holders.

7. Any other facts supporting the limited-sources justification.

On May 28, 2024, CBP procurement released an RFI to BPA holders. The RFI sought input on how contractors could effectively address transitioning incumbent-occupied sites from one contractor to another without disrupting Border Patrol operations. The goal was to maintain the same level of service and detention capacity at the site locations during the transition. The specific request was: “address transitioning incumbent occupied sites from one contractor to another without disrupting Border Patrol operations while maintaining the same level of service at detention capacity at the site locations.”

Upon reviewing the responses to the RFI, it was found that no contractors identified a method to transition the site that would not result in impacts to Border Patrol operations. The responses failed to provide a feasible solution to maintain seamless operations and undergo transition without the potential having to deconstruct existing soft-sided facilities. While the Government intends to compete its soft-sided facilities requirements when feasible, there is not adequate real estate to do so in this case without posing serious operational risks.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition for the supplies or services is made.

CBP intends to competitively award future actions for soft-sided facilities at new locations where current facilities do not exist, as well as competitively award future actions for soft-sided facilities at new locations where sufficient real estate allows for the potential construction of a neighboring soft-sided facilty to avoid operational delays.