CSRO Justification and approval Final Signed 5.20.2025_Redacted.pdf

U.S. Department of Homeland Security Office of the Chief Procurement Officer Justification No. FY25-00129

Justification and Approval for Other Than Full and Open Competition Version 3.4

SOURCE SELECTION INFORMATION-See FAR 2.101 and 3.104

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1)

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

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), on behalf of the Office for Strategy, Policy, and Plans (PLCY), intends to limit competition based on other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of action: The United States continues to expand its response to record levels of illegal immigration. DHS is moving aggressively to reinforce U.S. border security, enforce domestic immigration law, and remove illegal aliens. The United States needs to build capacity with key foreign partners to reverse the illegal immigration flows. To enable DHS to meet U.S. border security and immigration enforcement goals, DHS proposes to implement Comprehensive Support to Removal Operations (CSRO), a foreign assistance-funded program leveraging Department of State authorities that will increase DHS’s domestic throughput for voluntary returns, building the capacity of foreign partners to assist the U.S. in removal operations, building the capacity of foreign partners to conduct their own removal operations, and enhancing the ability to identify and stop U.S. bound illegal migration long before illegal aliens reach U.S. borders.

Working closely with foreign partners, DHS's CSRO program will:

1. Supplement domestic voluntary return operations by increasing available dedicated aircraft and commercial ticketing for voluntary returns, respectively, and

2. Provide capacity building to foreign partners to accept U.S. removals/voluntary returns and operational transportation support to facilitate onward movement of removals/voluntary returns.

Justification No. FY25-00129

Justification and Approval for Other Than Full and Open Competition Version 3.4

DHS is establishing a single award Indefinite-Delivery, Indefinite-Quantity (IDIQ) to support the integrated logistics for both domestic and international functions associated with this program.

(b) Name and address of the contractor:

TBD; Limited Competition

(c) Contract type: This will result in a single award IDIQ contract. The orders under the IDIQ will utilize a mix of Firm-Fixed-Price, Labor-Hour, and Time-and-Materials contract line-item numbers.

(d) Estimated total value: $915,000,000.00 for one (1) twelve-month base ordering period and two (2) twelve-month optional ordering periods.

(e) Type of funding: Foreign Assistance Funding, to include Migration & Refugee Assistance (MRA) and Economic Support Funds (ESF) transferred from State Department to DHS PLCY OIA

(f) Year of funding: Fiscal Year (FY) 2024

(g) Solicitation number: 70RDA225R00000018

(h) Background information about the requirement.

On January 20, 2025, President Trump declared a national emergency at the Southern border to stop the illegal entry of aliens into the U.S. To facilitate this effort, the DHS is scaling and conducting the largest domestic enforcement operation to identify and remove illegal aliens within the United States. As a result of ongoing domestic enforcement operations, significant resources are required to facilitate domestic removals to foreign governments to accept, process and manage the repatriation cases. The Department of State has issued demarches to all foreign governments to determine interest in supporting the United States in facilitating removal of illegal aliens residing within the United States. Furthermore, the request supported requirements and needs from host governments to identify foreign assistance needs for border security and management to support the US. These diplomatic engagements have laid the groundwork for memorandums of understanding (MOUs) to facilitate enabling agreements to make foreign assistance investments in border management/security initiatives encapsulated within the CSRO program. Primary efforts include but are not limited to establishing staging facilities and making improvements to existing migrant staging areas; donating materials, supplies and equipment to enhance border management/security operations, enhanced return and removal operations: US financed air

Justification No. FY25-00129

Justification and Approval for Other Than Full and Open Competition Version 3.4 charters, commercial air tickets to conduct escorted and unescorted removals, assessments and technical direction/recommendation of border security operations. Through the Department of State (DOS) and DHS Policy, identified international cooperative host governments are being engaged for MOUs. DHS and DOS have successfully completed MOUs for Panama, Costa Rica, and Mexico related to border management/security operations. DOS and DHS continue to expand the reach of the program through further diplomatic action.

DHS implemented the CBP Home app that is specifically designed to identify, screen and provide benefits to illegal aliens residing within the United States to facilitate their Voluntary Return (VR) to their countries of origin. With over 12M+ cases, the Department is dedicating significant resources to validate eligibility, coordinate domestic/international transportation movements, and address logistical challenges to facilitate the Voluntary Removals.

3. Description of Supplies/Services.

The purpose of this requirement is to obtain all logistical support requirements to receive, stage, process and expedite removal/return cases received from the United States, as well as provide capability and capacity to partnering countries to curtail illegal immigration within their borders.

Below is a more detailed description of activities that are inherent within this mission space:

• Flight Coordination & Management: Organize and manage chartered and commercial flights for illegal alien repatriations to countries of origin, ensuring flights are timely, safe, and compliant with all international aviation and immigration regulations.

• International Staging Areas: Provide logistics and support for establishing and maintaining secure, functional, and humane staging facilities.

• Facilities Management: Develop, maintain, and operate secure staging areas where illegal aliens will be housed temporarily. This includes the provision of food, water, medical assistance, and emergency services as required.

• Security Management: Ensure that the staging facilities are secure, monitoring for potential threats, and maintaining a safe environment for all illegal aliens and staff.

• Healthcare Provision: Provide medical services at the staging facilities to ensure the health and safety of all illegal aliens, including the management of

Justification No. FY25-00129

Justification and Approval for Other Than Full and Open Competition Version 3.4

• potential health risks such as communicable diseases or medical emergencies.

• Logistics and Administrative Support: Provide logistics and administrative support to DHS Technical Assistance Teams (DTAT) deployed in host governments, DHS PLCY in support of operational outcomes.

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

Competition.

The statutory authority permitting other than full and open competition is "Unusual and Compelling Urgency", 41 U.S.C. § 3304(a)(2 ), (“the executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals (see also 48 C.F.R. § 6.302-2)).

The immediate action supported by this authority is in response to a national emergency declaration.

These services are directly in support of “the efficient and expedited removal of aliens from the United States” per Executive Order (EO) 14159 titled “Protecting the American People Against Invasion” and the emergency that exists on the southern border as per the declaration issued by the President on January 20, 2025.

5. Identification of Exception to the Buy American Statute

N/A

6. Demonstration that the nature of the acquisition requires use of the authority cited.

The immediate action supported by this authority is the highly complex integration of national emergency declaration priorities, domestic DHS-run initiatives, and deterrence efforts within international host nations. EO 14165 “Securing Our Borders” includes a requirement to “marshal all available resources and authorities to stop this unprecedented flood of illegal aliens into the United States.”

On January 20, 2025, the President of the Unites States declared a national emergency at the Southern border of the U.S. to stop the illegal entry of aliens. Coupled with this emergency, there is an immediate need to address the significant cases of Voluntary Removals and provide immediate capability and capacity to partnering countries to curtail illegal immigration within their borders. Continued illegal entries at the Southern border not only poses significant threats to national security, but it also places an overwhelming burden on our law enforcement, border control agencies, and vital resources, to include

Justification No. FY25-00129

Justification and Approval for Other Than Full and Open Competition Version 3.4 increased burden on American immigration facilities. Additionally, a delay in award inhibits the building a stronger, more coordinated partnerships with our neighbors and international allies. The CSRO enhances the capabilities of foreign governments to accept, process, and remove/return illegal aliens who have been apprehended in the United States.

By leveraging the CSRO, the United States can expedite the removal/return of individuals who have unlawfully entered the country, work in close collaboration with governments in countries of origin to ensure that illegal aliens are returned in a manner that is both efficient and humane. This approach empowers foreign governments to take responsibility for their citizens, while also ensuring that the United States remains steadfast in its mission to safeguard its borders and uphold its immigration policies.

To reduce any delays to the rapid removals/returns of illegal aliens, a limited competition is needed. A limited competition preserves the intent of the Competition in Contracting Act while permitting the Government to quickly solicit and award a contract by using a reduced pool of vendors that are positioned, based on available resources and capabilities, to respond to this immediate need.

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

Sources as is Practicable.

An announcement for this action will not be published at SAM.gov. It is exempt from the requirement per the exception at FAR 5.202(a)(2).

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer will determine that the anticipated prices are fair and reasonable based on price analysis and a comparison. Additionally, the proposed prices will be compared to the government estimate to further determine prices fair and reasonable.

9. Description of Market Research.

Given the necessary actions required and outlined by administrative changes in funding priorities within the DOS, DHS leveraged a proven program that had a direct impact on illegal immigration from a designated route to the United States. Leveraging the success of this program, discussions with the Department of State broadened on solutions to globally expand this program to meet presidential priorities. Market research included consulting federal stakeholders and industry. Given the immediate need to significantly reduce the illegal immigration population within the United States, DHS identified five potential offerors that specialize in the services requested. These companies are positioned, based on