ERO NY Parking JOFOC Final 070121.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-21-00157

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Acquisition Management, proposes to enter into a contract on behalf of ERO New York Field Office (ERO-FNY) on a basis of other than full and open competition.

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

(a) Type of action: Firm-fixed price Purchase Order

(b) Amount the current J&A is justifying: $779,539.00 (Base plus four option years)

(c) Brief Description: The contractor will provide 35 individual indoor parking spaces at one fixed rate for all vehicles to accommodate a mix of medium to oversized government law enforcement duty vehicles within 0.25 miles of the ICE ERO Field Office in New York (ERO-FNY) located at 26 Federal Plaza, New York NY, 10278. Vehicles are both marked and unmarked as law enforcement vehicles consisting of SUV’s, mid-size vans, and buses.

The vendor listed below is the only company that can provide the required services.

Hudson River Park Trust 353 West Street

2nd Floor – Pier 40 New York, NY 10014

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

ERO law enforcement officers must have quick & easy access to their duty vehicles from their workplace. Contracted Parking spaces must be near the officers’ workplace; be clear of impediments to rapid access; and facilitate the immediate emergency response access of uniformed and plain-clothes officers in the performance of their duties. Assigned parking spaces must not be used for parking of non-ICE vehicles.

The contracted garage must be indoors, available 24 hours daily, seven days a week (24/7), and secure. Security measures and requirements the contractor must provide include:

Identification placards on each and all ERO-FNY reserved parking spaces

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

Electronic key-card access for assigned officers and designated visitors that, periodically, ERO-FNY will designate. Replacement Key-cards will be provided, at request of ICE VCO, free of cost/charge

Security camera monitoring 24/7 to ensure vehicle and content security

Quantity & Option: 35 units per month in accordance with contract terms and conditions.

Period of Performance: The period of performance shall be one base year (12 months) and four (4) one-year option periods as below:

Base Option Year 1 Option Year 2 Option Year 3 Option Year 4 July 1, 2021 – June 30, 2022

July 1, 2022 – June 30, 2023

July 1, 2023 – June 30, 2024

July 1, 2024 – June 30, 2025

July 1, 2025 – June 30, 2026

Days & Time: 24 hours a day; seven days a week

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 USC 1901(a)(2) as implemented by FAR 13.501.

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

Manhattan is severely underserved with parking garages and most of the garages are filled to capacity with business and residential contracts. In order to satisfy this requirement, the parking garage must be 0.25 miles (or as close as possible) to ERO-FNY. The distance chosen takes into account the inability for ERO Officersto rapidly respond for detaining of wanted ICE migrants and transporting them to various holding centers using public transportation or increased walking distance.

The parking garage area utilized by ICE must not be located in the public parking area. Many ICE vehicles contain sensitive radio equipment, emergency response lights, and other mission necessary tools. Exposing these items to areas used by the general public could result in for damage, vandalism, theft or photography if the parking area is open to the general public for daily and long term parking.

In addition the garage must permit in and out access 24 hours per day 7 days a week, allow overnight indoor parking of oversize vans with ceiling height clearance (approximately 9 feet in height and 30 feet long), video monitored and entry/exit swipe card access.

Hudson River Park Trust is the only responsible source because it is the only parking garage that meets all the specifications of the requirement. ICE's current purchase order with Hudson River Park Trust HSCEDM-15-P-00081 was awarded on a sole source basis following the verification and determination that there were no other secure indoor parking

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

lots able to provide parking for oversized Government Owned Vehicles and allowing employees to walk to the office.

Additionally; there are ten (10) other parking garages located within the same proximity however these parking garages are unable to meet all of the requirements due to lack video monitoring features, entry/exit swipe card access, unwillingness to reserve parking spaces and/or provide identification placards on each and all ERO-FNY reserved parking space. A few parking garages do not offer one fixed rate for all types of ICE vehicles and do not meet the required ceiling height to accommodate passenger vans.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

ICE’s current purchase order was solicitated on March 18, 2016 and Hudson Park River Trust was the only vendor deemend responsible. The contracting officer has reviewed the market research document sated May 20, 2021 and determined that currently there are no new garages in ERO/NY’s proximity that would meet ICE’s needs.

OAQ has made___ OAQ intends to make ___

…this justification publically available pursuant to FAR 6.305 on FedBizOpps within 14 days of award.

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

The Hudson River Trust is a partnership between New York City and the State and therefore the local government sets the price. The contracting officer determines that the anticipated price usually set by the municipal authority is fair and reasonable.

Additionlly the contracting officer compared the proposed price to the IGCE of $149,077.92 and market prices as shown below:

Facility Yearly Per Vehicle Rate IGCE Variance SP Parking Garage - Worth St. $185,055.00 $35,977.08 MPG: Manhattan Parking (Kids Parking Corp) $328,500.00 $179,422.08 Edison ParkFast $273,750.00 $124,672.08 ICON Parking $291,635.00 $142,557.08 MPG Parking Garage – Trible St. $328,500.00 $179,422.08 Propark - Beekman St. $209,875.00 $60,797.08 10 Barclay St Garage $209,875.00 - $308,425.00 $60,797.08 - $159,347.08 SP+ Parking - Greenwich St. $231,410.00 - $262,070.00 $82,332.08 - $112,998.08 City Parking $346,750.00 $197,672.08

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

Select Parking $236,885.00 - $293,460.00 $87,807.08 - $144,382.08 Hudson River Park Trust $150,186.11 $1,108.19 150 Nassau Street Garage – Lot #8 $228,125.00 $79,047.08 MPG Parking Garage - Worth St. $328,500.00 $179,422.08

8. Description of market research.

An internet search was conducted on May 20, 2021utilizing the website https://www.bestparking.com/new-york-ny-parking/neighborhoods/new-york-city-parking/ for a list of available parking garages within 0.25 miles of ERO-FNY. Although eleven

(11) garages were identified; 10 of the garages did not meet atlease one security requirement as explained above. Due to the specifications of the requirement, Hudson River Park Trust is the only facilitiy identified that can provide secure indoor parking for oversized vehicles; market research indicates that there are no other vendors available to satisfy the government requirements.

9. Any other facts supporting the justification.

Not applicable.

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

Not applicable

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

The Governmentce. will continue to monitor the area in order to increase the likelihood of future competition for this requirement.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name FAR 13.501(a)(1)(iv) and 5.102(a)(6).

Per FAR 13.501(a)(1)(iii) and 6.305(a); the award will be made public within 14 days after award.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

_____________________________________ ____06/30/2021________________ Contracting Officer Date

MONALI S PARIKH

Digitally signed by MONALI S

PARIKH

Date: 2021.06.30 18:01:32 -04'00'

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

14. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date

15. Approval.

Over $700,000 but not exceeding $13.5 million Date Procuring Activity Advocate for Competition [And any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.]

Over $13.5 million but not exceeding $68 million Date Head of Contracting Activity [And any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.]

Over $68 million Date Chief Procurement Officer

NOTE:

HCA approval in addition to that of the Component Competition Advocate is not necessary if the Component Competition Advocate meets either of the criteria at FAR 6.304(a)(3)(i) or (ii), except for any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount, and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 as the authority.