05.04_P0013_Maxim_JA_to_Extend_Services-1_Redacted.pdf

Office of Acquisition Management U.S. Department of Homeland Security 801 I Street, NW Washington, DC 20536

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the requirements of 41 U.S.C. §§ 3304-3311, Competition in Contracting Act of 1984 (CICA) as implemented by FAR Subpart 6.3, and IAW the requirements of FAR Subpart 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 subsection 6.302-1 as follows:

1. Agency and Contracting Activity

The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) and the Office of Acquisition Management (OAQ), Detention, Compliance and Removals Division (DCR), proposes to extend contract HSCEDM-17-C-00002, on a basis of other than full and open competition.

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

DHS ICE has a requirement to extend Contract No. HSCEDM-17-C-00002 that provides medical staffing services to provide comprehensive healthcare services at the South Texas Family Residential Center (STFRC). The estimated amount of the requested action is $16,191,922.86. Assuming approval of the action, the Contract’s maximum period of performance would end on September 22, 2018.

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

3. Description of Supplies/Services

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 provide the full continuum of health care services to ICE residents 24 hours a day, seven (7) days a week, 365 days per year. These services include, but are not limited to: clinical care, compliance management, dental care, mental health care, treatment of infectious and chronic diseases, and administrative and management support to augment Federal staff. The proposed contract will also provide on-site services to ICE Health Service Corps (IHSC) locations in need of additional medical staffing support to sustain operations. Services at those locations are justified under a separate prior approved and published Justification and Approval; however, the proposed contract will serve as the contract vehicle under which those services are performed.

a new award, if necessary, and provide coverage during the transition period. Three (3) additional option periods have been added to allow for contract coverage in the event of any potential protest of a new award decision. Full resolution of corrective action, a new award, and any resolution of potential subsequent protests is anticipated September 2018.

Given the difficulty of assembling a large team of health care professionals in a sparsely populated location, training them on ICE’s standards of care, as well as completing required background checks, it is certain that a transition period between the current vendor to a new 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 the provision of 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.

6. Efforts to Obtain Competition

Due to the short duration of the base performance period of this effort, it is not practicable for another vendor to provide these services. This justification will be made available for public inspection after award, in accordance with FAR 6.305(b). RFP HSCEDM-16-R-00002 was solicited under FAR Part 15.

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.

The extension will use the current pricing on the contract.

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

N/A

10. A Listing of the Sources, if any, that expressed in writing an Interest in the

Acquisition

Maxim Healthcare Services is the only established source to express interest in this extension of services.

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 March 23, 2018 through June 22, 2018 with options that potentially extend the period of performance to September 22, 2018, if necessary. ICE has structured this extension as a three-month base with 3 optional periods spanning three months to allow for the resolution of the GAO protests and to provide coverage during the transition period which has been interrupted by the protests. 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.