J A for trailers.pdf

I'.S. Department of Homeland Security

Office of Acquisition Management

24(100 Avila Roud. Room 3104

Lacuna Niguel.CA 92677 s U.S. Immigration and Customs

Enforcement

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

DOCUMENTS (J&A)

HSCEDM-09-P-OOOXX

Florence Service Processing Center (FLORENCE SPC)

Mobile Modular Units

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by

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 Authority: The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), offers this document as justification for other than full and open competition to purchase seven mobile modular units.

2. Nature and/or Description of the Action Being Approved: The purpose of this request is to issue a sole source order to purchase seven existing leased mobile modular units currently in place at the Florence Service Processing Center (SPC). The estimated total dollar value of the purchase is $244,000.

3. Description of Supplies/Services: The procurement is to purchase the seven mobile modular units which were specially fabricated by Williams Scotsman to suit the purposes at the Florence

SPC and have been leased from that company beginning with five units in the year 2000 and an additional unit each in 2001 and 2007.

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

Competition: FAR 6.302-1, Only One Responsible Source and No Other Supplies or Service

Will Satisfy Agency Requirements.

5. A Demonstration that the Proposed Contractor's Unique Qualifications or the

Nature of the Acquisition Requires Use of the Authority Cited: The mobile modular units were initially furnished by Williams Scotsman and have been leased since the year 2000 from that company. The mobile modular units were a necessary addition in response to the critical need for space as the facility has expanded and the workforce has increased. The use of the mobile modular units in the detention center is critical to meet National Detention Standards and

American Correctional Standards for detainee care and confinement at the Florence SPC. The in-place mobile modular units had expenses already incurred for building of handicapped ramp, decks and steps, installation, connection data and network cabling and Government owned workstations removed and re-installed, all of which are non-recoverable Government costs.

The mobile modular units are used for office space, detainee housing and medical care (station operations). The units designated for medical care are used for initial health screening, including

TB testing. Incoming detainees are held for up to 72 hours in the unit while TB tests are processed to prevent exposure of the main population. Without adequate initial health screening, JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

DOCUMENTS (J&A)

HSCEDM-09-X -000XX

Florence Service Processing Center the SPC could not accept new detainees. Consequently, the ICE mission would suffer and additional costs would be incurred to transport the incoming detainees other locations.

It is not beneficial to the Government for the station operations to be severely disrupted during the removal and installation process. The Florence SPC cannot afford any interruption in service due to ICE mission criticality.

6. Efforts to Obtain Competition: Each year when the lease is up for renewal, a statement of work (SOW) is prepared with specifications and requirements for the lease of the seven mobile modular units. Upon the last cycle in FY08 for the FY09 lease, the SOW was given to seven vendors. Three chose to not quote and two did not respond. One quote was received from

Williams Scotsman and the other was a much higher quote. Williams Scotsman has consistently provided the lowest quote to lease seven mobile modular units every year.

7. Determination by the Contracting Officer That the Anticipated Cost to the

Government will be Fair and Reasonable: Conducted informal market research with other similar mobile modular units in area. Also comparison with previous purchase order for a similar double mobile modular unit in San Diego, CA.

8. Description of Market Research: See section # 6 above.

9. Any Other Facts Supporting the use of Other than Full and Open Competition:

N/A

10. Listing of Interested Sources:

N/A

11. A Statement of the Actions, if any, the Agency may Take to Remove or Overcome

Barriers to Competition Before any Subsequent Acquisition for Supplies or Services: The two main barriers cannot be overcome since the Federal Government is utilizing the trailers as station operations (detainee housing and medical care). The agency needs to continue mission critical operations without delay. To install new mobile modular units, the Government would incur additional delivery and installation costs.

12. Certifications:

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

Contracting Officer:

This justification is accurate and complete to the best of my knowledge and belief

Roberta Halls, Contracting Officer