Justification_and_Approval_for_Other_than_Full_and_Open_Competition_12_17_18.pdf

Justification and Approval for

HSCEDM-14-P-00013

Other than Full and Open Competition

Pursuant to the authority of 41.U.S.C. 253 (c)(1) as implemented by FAR 6.302-1 entitled “Only one responsible source and no other supplies or services will satisfy agency requirements”, this document provides justification and approval for other than full and open competition for the contract action described below.

1. Agency and Contracting Authority:

The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE)

Enforcement and Removal Operation (ERO), San Francisco Field Office (FSF) proposes to enter into a six-month option period on a basis of other than full and open competition.

2. Nature and/or Description of the Action Being Approved:

ICE/ERO/FSF has a sole source requirement for specialized detainee meals to be provided to persons detained in the FSF Bakersfield CA area of responsibility (AOR). DHS Performance Based Detention Standards (PBNDS 2011) provides ICE Detention standards for food service provisions for persons in ICE detention.

HSCEDM-14-P-00013 is a Firm Fixed Price (FFP) purchase order with a base, four priced option periods and a six-month extension for daily meal service on an as needed basis. An extension of the current services is needed to ensure compliance with PBNDS 2011 and ICE’s mission which is critical. The Program has been unable to provide a complete package for a new procurement as of this date. A lapse in service is unacceptable. The six-month option period will allow additional time for a Request for Information to locate a viable business in or out of the FSF AOR, proposal evaluation, selection and transition time if a new contractor is selected.

Contractor: Trinity Service Group, Inc Estimated Value: $22,000.00 Contract Type: Fixed Price Period of Performance: January 16, 2019 through July 15, 2019 Estimated Award Date: December 21, 2019

3. Description of Supplies/Services:

The supplies and service provided to the FSF Bakersfield Offices are freshly prepared meals that consist of two sandwiches (bologna, turkey or ham) on white or wheat bread. Detainees with dietary restrictions shall be provided kosher or vegetarian meals upon request. The meal also includes chips, fruit, condiments, a flavored drink and water. All meals shall be delivered daily upon request twenty-four (24) hours a day, seven (7) days a week promptly. Meals must be prepared in accordance with U.S. Department of Health, The State of California Heath and Food

Safety and San Francisco County Health Consumer standards.

4. Identification of Statutory Authority Permitting Other Than Full And Open Competition

It difficult for ICE to conduct business throughout the state which has limited competition for detention related projects. Therefore, the exception to fair opportunity cited for this requirement is 41. U.S.C. 253 (c)(1) as implemented by FAR 6.302-1, “Only one responsible source and no other supplies and services will satisfy agency requirement.” The level and quality of service is vital to the health and welfare of detainees in ICE’s care and cannot be interrupted as it will cause undo harm to the agency if not provided.

5. A Demonstration That the Proposed Contractor’s Unique Qualifications or the

Nature of the Acquisition Requires Use of the Authority Cited

Trinity Service Group is currently providing the contracted services at the level of quality required. As the incumbent, Trinity has intrinsic knowledge of the procedures and processes for providing detainee meals and the most recent Performance Based Detention Standards (PBNDS)

2011. The anticipated price for this requirement will be considered fair and reasonable as it will be compared to contractors in the market and pricing for meals currently on the contract which was determined fair and reasonable.

6. Efforts to Obtain Competition

Vendors in the Bakersfield area were contacted to determine whether they would deliver to ICE facilities however, the responses were not favorable as many companies did not want to provide delivery to ICE locations.

7. Determination by The Contracting Officer That the Anticipated Cost to The Government Will Be Fair and Reasonable:

Based on past acquisitions to procure this service and price comparison of meals in the Bakersfield area the Contacting Officer can anticipate that the price associated with the new requirement will be fair and reasonable.

8. Description of Market Research:

A search of GSA schedule 73 Food Service, Hospitality, Cleaning Equipment and Supplies, Chemical and Services that provides meals ready to eat (MREs) were found but MREs are not in compliance with ICE standards. The current requirement was advertised on Fed Bid and was done through open market. Market Research has shown that there is competition but locating a vendor in the state of CA who will deliver to an ICE facility is limited. The strategy for locating a viable business in or out of the FSF AOR will be expanded by completing a Request for

Information on Federal Business Opportunities (FedBizOpps) and Dynamic Small Business

Search (SDBS).

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:

N/A

12. Certifications:

I certify that facts and representations under my cognizance, which are included in this justification meet the Government’s minimum need and that the supporting data, which form a basis for this justification is complete and accurate.

Contracting Officer:

I certify that the justification is accurate and complete to the best of my knowledge and belief.

__________________________________ Date: _________ Virginia L. Collie

12/18/18