01.20_Maxim_Jand_A_Redacted.pdf

JUSTIFICATION 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) 41 U.S.C. § 3304(a)(1) as implemented by FAR Subpart 6.302-1 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:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), ICE Health Services Corps (IHSC), and the Office of Acquisition (OAQ) propose to enter into a follow-on contract on a basis of other than full and open competition for a total potential period of six (6) months. This justification is authorized under FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

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

This Justification and Approval (J&A) approves the issuance of a sole source contract for medical staffing services to provide comprehensive healthcare services at the South Texas Family Residential Center (STFRC). The proposed contract will be a time and materials (T&M) contract (for labor categories used to provide healthcare services) and the total potential period of performance of this effort is 6 months; consisting of one (1) three-month base period and three

(3) one-month option periods. The total potential value of this requirement is estimated at $15,994,520.88.

The vendor is Maxim Health Care Services, Inc., located at 7277 Lee Deforest Drive, Columbia, MD 21046.

3. Description of Supplies/Services.

ICE requires the on-going and continuously uninterrupted provision of health care services at the STFRC until those services are transitioned to a subsequent awardee under competitive solicitation HSCEDM-16-R-00002. The proposed contract consists of a three-month base period followed by three option periods spanning a total of three months as specified in the chart at 3.a below. Option periods will only be exercised if needed to allow for the completion and award of the competitive follow-on contract (currently in evaluation phase) and contract transition, if necessary.

Alien families housed in the STFRC constitute a unique population consisting of parent(s)/legal guardian(s) and their children (including infants). This unique, non-secure, open movement environment requires health care not found in traditional detention settings. The ICE National Family Residential Standards (NFRS) serve as a framework for this program and its requirements. ICE requires on-site medical staffing support services at the STFRC in order to vendor would last longer than the period of performance for the base period. In addition, a new contractor would require sufficient ramp-up time and training to become fluent in the Family Residential Standards along with the unique operations at the facility. ICE must maintain providing medical staffing on a day-to-day operational basis in strict adherence to the ICE standards of care. Maxim is the only contractor capable of providing continuous uninterrupted services at the STFRC pending the award of the follow-on competitive action and during the transition period if necessary.

It is essential that IHSC maintain continuity of medical services for the STFRC. Award to any other source would result in unacceptable delays and disruption in fulfilling ICE requirements.

The proposed contract will allow for negotiations, final evaluation, preparation and review of award documents, congressional notification, as well as a sixty (60) day transition period if required. The three one (1) month option periods will allow for contract coverage during any unforeseen events that may affect award and full performance.

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

Due to the short duration of the base performance period of this effort, it is not practicable for another vendor to provide these services. RFP HSCEDM-16-R-00002 was solicited under FAR Part 15. The Government and award will encompass all IHSC facilities.

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

The Contracting Officers determines that the anticipated price(s) will be fair and reasonable based on comparison to proposed rates for this effort to the rates on the current contract as well as to other GSA schedule holders’ rates to determine that rates proposed are fair and reasonable.

8. Description of Market Research.

The Government resolicited the medical staffing requirement under Full and Open requirements in accordance with FAR Part 15 (Contracting by Negotiation) on March 11, 2016 under HSCEDM-16-R-00002. A pre-proposal conference was held on March 18, 2016 to gauge the interest of prospective Contractors; 23 different Contractors attended the conference.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The requirement for this contract will be synopsized. No other firms will be solicited since the required services are only available from the incumbent contractor in the limited required timeframe.

10. A Listing of the Sources, if Any, Which Expressed, in Writing, an Interest in the Acquisition.

Maxim Healthcare Services is the only established source to express interest in this follow-on contract.

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 proposed follow-on contract covers the STFRC from 03/23/2017 through 06/22/2017 with options that potentially extend the period of performance to 09/22/2017 if necessary. ICE has structured this contract as a three-month contract with 3 optional periods spanning three months to allow ICE to competitively award the follow-on contract and transition of a new vendor, if necessary. Solicitation No. HSCEDM-16-R-00002 was solicited on March 11, 2016 on a full and open competition basis and future solicitations are expected to be issued competitively.