CBP Medical Services Contract Bridge III LSJ Final for CPO approval (1).pdf

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 2.3 February 25, 2025

Date: May 14, 2025 PR Number: 20149600

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.

The Department of Homeland Security (DHS), United States Customs and Border Protection

(CBP), Office of Acquisition.

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

CBP intends to limit the number of sources solicited pursuant to FAR Part 8.405-

6(a)(1)(i)(B) by awarding a sole source task order for medical screening services because only one source is capable of providing the services required at the level of quality required, because the services are unique or highly specialized. The award will fall under the Veterans

Affairs (VA) Federal Supply Schedule 621-I, Professional & Allied Healthcare Staffing

Services, to the incumbent contractor, Loyal Source Government Services, LLC (Loyal

Source), 12612 Challenger Parkway, Suite 365, Orlando, FL 32826.

3. Description of Supplies/Services.

CBP requires healthcare practitioners to work out of Medical Priority Facilities (MPFs), Office of Field Operations (OFO) Ports of Entry (POEs), and potentially other forward deployed locations within the United States, to address medical and public health concerns for individuals in CBP custody.

To discharge agency responsibilities along the southwest border, DHS/CBP has established enhanced medical provisions for individuals in custody at the southwest border crossings and

OFO POEs. Contracted medical personnel deliver medical support at various locations.

Efforts include, but are not limited to:

• Maintain frontline medical services 24/7/365 hours of operation at some locations.

• Provide supervisory physician oversight, patient safety risk monitoring, medical quality management/oversight and quality assurance, and regional pediatric advisory services.

• Ensure 100% health intake interviews of children under age 17.

• Ensure individuals that receive an Elevated In-Custody Medical Risk (ECMR) diagnosis are identified and equipped with the proper color-coded arm band.

• Document medical assessments for all individuals in custody in the Electronic Medical Record (EMR) System.

• Provide follow-up care after referral to a local health system and/or hospitalization.

• Public Health/Infectious Disease support –ensure early identification, treatment, isolation, appropriate referrals, infection control, and public health support for infectious diseases in CBP facilities; and

• Conducting exit Health Interview – for aliens who receive medical treatment in CBP custody, as appropriate, to ensure persons in custody are fit for travel or transfer.

As a critical part of its mission, CBP must continuously provide medical screening and care services, to include screening for public health/infectious diseases at border crossings and POE locations to protect the health of aliens in CBP’s custody as well as the agents/officers/staff interacting with alien populations. Depending on the operational tempo, the place of performance may be modified to meet the Government’s needs. Therefore, possible expansion locations are at the discretion of the Government. The contractor shall also be capable of expanding to other geographical locations within the United States, including areas such as along the northern border of the United States or at airports within the United States.

Estimated Value: $51,975,569.24

Period of Performance: Base Period is one month from July 30, 2025, plus 9 one-month

Options

4. Authority and supporting rationale.

FAR 8.405-6(a)(1)(i)(B), only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

This acquisition is being conducted under the authority of the Multiple-Award Schedule

Program, 41 U.S.C. 152(3).

DHS is actively solicitating for the recompete of these services. This sole source award is necessary due to several protest filings of the agency’s prior award and the ongoing solicitation. The agency initially made award on September 28, 2022, and that award was protested to the U.S. Government Accountability Office by several vendors and subsequent protests. These protests were variously dismissed or denied. Transitioning to a new contractor for medical screening services would likely result in a significant loss of medical services until all new contractor employees had cleared CBP background investigations. For this reason, CBP intends to award a sole source hybrid time and materials task order with firm fixed price elements pursuant to FAR 8.405-6(a)(1)(i) (B) to continue the mission critical medical screening services until the competitively recompeted task order is awarded.

Due to pending litigation in the Court of Federal Claims, DHS has not been able to award the competitive recompete acquisition. Therefore, CBP must issue a sole source action to prevent a gap in services. This will ensure CBP is able to provide medical screening to individuals in its custody as ordered by federal courts and in accordance with congressionally mandated requirements. If the recompete results in an award to a new contractor, CBP must maintain these critical services during any transition period.

For the reasons described herein, this action is required to preserve the life, safety, and health of aliens, agents, officers, and the general public by continuing to provide medical screening services. With a medical personnel shortage and the lack of qualified medical professionals at the southwest border of the United States and remote locations in the region, Loyal Source is the only contractor that can provide these services in the near term. As the current contractor on this effort, Loyal Source has cleared personnel in place to fulfill continued requirements immediately. Loyal Source currently staffs a CBP task order with close to

1,000 background-cleared medical personnel. Additionally, Loyal Source’s staffing model provides them with the ability to recruit, hire, and staff for remote areas.

Loyal Source is uniquely qualified to provide the required services until the follow-on procurement is awarded. As the incumbent contractor, Loyal Source possesses the expertise and understanding of the requirements as well as the immediate capability and capacity to perform the required services. Without background-cleared personnel, training, and experience, another contractor would not be able to implement the immediate medical requirements of OCMO as required by DHS and CBP medical directives.

A new contractor would need to be educated on the CBP medical protocols, medical directives, medical quality management standards, and methodologies performed to date; as well as undergo and obtain a successful Background Investigation (BI) which could take a minimum of 120 days to obtain, per the CBP/Office of Professional Responsibility.

Therefore, market research conducted in December 2024 concluded that no other contractor would be capable of successfully providing the needed services in a relevant timeframe, due to the time it would take to meet onboarding contractor requirements.

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

A fair and reasonable price determination will be made by all of the methods below:

A. Comparing the quoted labor rates to Loyal Source’s VA FSS rates. The prices in the

VA FSS IDIQ will be analyzed to ensure the quoted rates do not exceed the prices in the VA FSS Contract 36F79722D0185 (exp date 8/14/2027), which were deemed fair and reasonable by a VA Contracting Officer at the time the VA FSS Contract was awarded.

B. Comparison of proposed prices with independent Government cost estimate.

C. The Contracting Office will use current and historical pricing data from other task orders for the same or similar services: 70B03C18F00000390, 70B03C20F00001383, 70B03C23F00000272 and 70B03C24F00000046 to compare quoted rates to ensure pricing is reasonable.

D. The Contracting Officer will use the GSA Calc Tool to compare and analyze published market prices for services of this nature/kind.

E. The Contracting Officer will compare the quoted prices to other VA FSS contractors’ price lists.

F. The Contracting Officer will seek additional discounts when requesting the contractor’s quote.

6. A description of the market research conducted among schedule holders and the results, nor a statement of the reason market research was not conducted.

The market research conducted in December 2024 shows that, in the near term, no other contractor is capable of successfully staffing the work identified in the SOW. This is due to the time it takes a contractor to recruit, train, obtain a CBP BI and staff the requirement.

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

Not Applicable.

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.

The Agency concluded a competitive award on September 28, 2022, and it has remained in protest status since the award. This action is necessary to prevent a gap in services due to those ongoing protests matters. When the pending litigation is resolved, then it is anticipated that DHS will complete the competitive acquisition and make an award.

9. CBP intends to post this requirement on Sam.Gov pursuant to FAR 8.405-6(a)(2)(i)(B)(1).

10. Technical/Requirements Personnel Certification:

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources

Justification, are accurate and complete.

YVETTE L

MATTHEWS

Digitally signed by YVETTE L

MATTHEWS

Date: 2025.05.14 10:15:05 -04'00' 05/14/2025

Technical Representative/COR Date

11. Contracting Officer Certification and/or Approval:

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and to the best of my knowledge and belief.

ROSIE

ZARAGOZA-

SANTOS

Digitally signed by

ROSIE ZARAGOZA-

SANTOS

Date: 2025.05.22

09:21:35 -05'00' 05/22/2025

Contracting Officer Date

► LSJ Approvals:

12. COMPETITION ADVOCATE (Per FAR 8.405-6(d)(2) - Exceeding $750,000)

Approved Disapproved

Name (Print): Judith A Simpson

Competition Advocate

JUDITH A

Date:

13. HEAD OF CONTRACTING ACTIVITY (Per FAR 8.405-6(d)(3) – Exceeding $15M to

$75M)

Name (Print): Earl Lewis

Head of the Contracting Activity

Signature:

EARL J LEWIS

III

Digitally signed by EARL J

LEWIS III

Date: 2025.05.30 08:56:20

-04' 0'

14. DHS CHIEF PROCUREMENT OFFICER

PAUL R

Digitally signed by PAUL R

COURTNEY

COURTNEY Date: 2025.06.16 11:47:53

-04'00'

Paul Courtney Date

DHS Chief Procurement Officer