DOAD-II LSJ for -8 (70RDAD23FC0000078-Guidehouse) (FY24-00172) - PAAC signed 07.03.2024.pdf

OPOAM 3008.405-6(a)(2)

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

LSJ No: FY24-00172 - 1 -

LSJ No.: FY24-00172

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), Office of Procurement Operations (OPO), Departmental Operations Acquisition Division II (DOAD II), in conjunction with the

DHS Office Immigration Detention Ombudsman (OIDO) proposes to exercise FAR

52.217-8 Option to Extend Services for Blanket Purchase Agreement (BPA) Call No.

70RDAD23FC0000078 with Guidehouse pursuant to FAR 8.405-6, Limiting Sources.

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

DHS intends to exercise FAR 52.217-8 Option to Extend Services from 07/24/24 until

09/16/24 for Blanket Purchase Agreement (BPA) Call No. 70RDAD23FC0000078 with

Guidehouse expiring on 07/23/2024 which was placed under the DHS Assessment of

Internal Controls Support Services (AICSS) BPA to provide OIDO with Mission Support

Modeling Support.

3. Description of Supplies/Services.

Guidehouse (GH) is currently providing mission support modeling to the Department of

Homeland Security (DHS), Office Immigration Detention Ombudsman (OIDO), including: Assisting in establishing and administering an impartial, confidential process to receive, investigate, resolve, and provide recourse for complaints. This includes routing for further investigation when necessary. Of note is that OIDO has been charged to investigate and manage complaints against any officer or employee of CBP (Customs and Border Protection), ICE (Immigration and Customs Enforcement), or any subcontracted personnel from these agencies.

In addition to managing complaints, GH is assisting OIDO with surprise inspections of detention facilities that house individuals in federal immigration custody. OIDO aids individuals who have been affected by personnel misconduct, excessive force, violations of law, or detention standards.

• Evolution and Enhancement of OIDO:

As a recently established office, OIDO is in a stage of constant evolution, focusing on improving efficiency and effectiveness in executing its functions. The enhancement of

OIDO’s internal controls systems is pivotal for refining its business process, IT http://uscode.house.gov/

LSJ No: FY24-00172 - 2 -infrastructure, and operations. And GH support is critical to the abovementioned endeavors.

• Monitoring and Development:

GH also assists OIDO with the establishment of business processes, financial and it necessitates the initiation of a monitoring system. This allows for the assessment of these processes, the correction of design flaws, the testing of operational effectiveness, and the remediation of control deficiencies. These steps are critical for the efficient and long-term execution of its detention oversight mission.

• Support and Expertise:

GH support is critical because ODIO requires dedicated support and expertise in inspections and evaluation. These needs are based on the principles outlined in the GAO

Green Book, aiming to develop a comprehensive Detention Operations inspections manual.

• Execution and Analytical Support

As OIDO executes its oversight functions in parallel with other DHS oversight offices such as ICE and CBP, it demands program support for utilizing data analytics. This would aid in driving risk-based system-level analysis to identify unique areas of focus for

OIDO, as well as providing opportunities to streamline other detention oversight activities. This approach enhances resource efficiency, strengthen internal control mechanisms, and mitigate the risk of duplicative departmental effort.

Total value of this exercise action is $827,648.66 as detailed below:

Period Unit Price Total

Base (07/24/24 until 09/16/24) $827,648.66 $827,648.66

4. Authority and supporting rationale.

Total: $827,648.66

This action is being taken under statutory authority permitting limited-sources IAW 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 action is to exercise FAR 52.217-8 Option to Extend Services for Blanket Purchase

Agreement (BPA) Call No. 70RDAD23FC0000078 with Guidehouse expiring on

07/23/2024 which was placed under the DHS Assessment of Internal Controls Support

Services (AICSS) BPA. The current AICSS BPA has expired for new orders as of

LSJ No: FY24-00172 - 3 -

09/17/2023, however current orders can be active and continue an additional 12-months after BPA expiration until 09/17/2024 per the BPA's terms and conditions.

The Department started efforts to recompete the new AICSS BPA in April 2023, well in advance of the utilized BPA’s expiration date of September 2023. However, due to enhancing the contracting process, to include executing a Request for Information (RFI) which was opened to all System for Award Management (SAM.gov) entities and adjusting for organization realignments to the DHS Office of Procurement Operations

(OPO), the timeline for the new AICSS BPA award was significantly delayed. Based on progress to date and current status, it is expected that the new competitive multi-award

AICSS BPA requirement will be awarded by 06/28/2024. While the new AICSS BPA will be executed prior to the current task order expiration on 07/23/2024, there isn’t sufficient time to competitively solicit proposals, properly evaluate, and select an awardee for the new OIDO task order to prevent any critical gaps in service.

Guidehouse is the only source that can continue these services under BPA Call No.

70RDAD23FC0000078 IAW FAR 8.405-6(a)(1)(i)(B) without the mission risk and excessive cost that would be inherent in a short-term competitive bridge award to cover the 55-day gap in service. If a competition were held to bridge the gap period, DHS would be required to plan for an additional transition from GH to bridge awardee, followed by another transition from the bridge awardee to the awardee of the new AICSS

BPA that is currently being recompeted. The potential for service disruption would pose risk to the mission. In addition, it would not be cost-effective in time and resources for the agency to plan for and execute a competitive bridge award for the gap in service. It would be not only imprudent for the brief exercise period but also impossible to issue another new, competitive task order for OIDO under the new AICSS BPA prior to the current order’s expiration on 07/23/2024.

Therefore, in order to prevent any gaps in these critical services this order will continue until 09/16/2024 per FAR 52.217-8, which was included in the original contract (however not evaluated at award). Therefore, a limited sources justification (LSJ) under FAR

8.405-6 is being issued and approved prior to the exercise of 52.217-8.

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

The Contractor’s FAR 52.217-8 exercise pricing is based on current Base Period labor rates which was determined to be fair and reasonable at time of award. The Contracting

Officer will ensure the extension pricing remain consistent with the awarded base period labor rates and pricing to ensure the overall FAR 52.217-8 exercise pricing remain fair and reasonable.

LSJ No: FY24-00172 - 4 -

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 as part of the acquisition process for awarding BPA Call

No. 70RDAD23FC0000078 to Guidehouse under the DHS AICSS BPA, both on which were award in accordance with FAR 8.405-3. The new AICSS BPA is currently being recompeted and won't be available to place new orders starting June 28, 2024.

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

OIDO requires the exercise of FAR 52.217-8 for these critical services for DHS HQ and other Components (CBP, ICE) for internal controls with tasks to include but not limited to, monitoring, information and strategic briefings, technical support, analytic support, management activities, and internal training.

If there is a lapse in services and support, it would result in critical disruption to OIDO’s primary operational activities. The executive briefings and production, business process development expertise, graphics, technical editing, and operational readiness supporting

Current Operations, and detention oversight related support activities will not exist. There will be a delayed response to any significant national requirement as it relates to

Detention Oversight. Any collection of agency-wide information and provided briefings and updates to the agency and stakeholders will be critically delayed. There will be delayed collecting, triaging, assigning and documenting responses to any interactions with OIDO. Any modifications to existing processes and procedures to improve OIDO’s operational activities will not occur. There will be a vacuum when there is a lapse in service, and the oversight mission would be very vulnerable to neglect due to lack of operational support resources.

The additional time given with this exercise option allows OIDO to continue these critical services and provides sufficient time to competitively solicit proposals, properly evaluate, and select an awardee for the new OIDO task order under the new AICSS BPA.

Thus, is the reason for the request to exercise FAR 52.217-8 for these critical services being provided to OIDO under BPA Call No. 70RDAD23FC0000078 with Guidehouse.

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

BPA Call No. 70RDAD23FC0000078 with Guidehouse was originally competed amongst all five BPA holders under the Assessment of Internal controls Support Services

(AICSS) BPA. The new OIDO Mission Support Modeling task order will be recompeted among all vendors under the new AICSS BPA, expected to be awarded on June 28, 2024.

Exercising FAR 52.217-8 is necessary to ensure there is no gap in services being provided by Guidehouse under BPA Call No. 70RDAD23FC0000078 and allow for

LSJ No: FY24-00172 - 5 -enough time to issue a new, competitive task order for these OIDO services under the new AICSS BPA.

9. DHS intends to post this requirement on System for Award Management (SAM.gov) pursuant to FAR 8.405-6(a)(2)(i).

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.

Digitally signed by WAYNE A MCMILLAN

Date: 2024.07.01 10:52:33 -05'00'

Wayne McMillan Date

Technical Representative/COR

DHS/OIDO

11. Contracting Officer Certification.

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

Digitally signed by MATTHEW S WETZEL

Date: 2024.07.01 12:36:53 -04'00'

Matthew Wetzel Date

Contracting Officer

DHS/OPO/DOAD II

12. Approval.

Antoinette Clay Date

Procuring Activity Advocate for Competition

Office of Procurement Operations

WAYNE A MCMILLAN

MATTHEW S WETZEL