LSJ 24-0193 Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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Select only one of the following circumstances justifying limiting sources pursuant to FAR 8.405-6(a)(1)(i) below and demonstrate the proposed contractor’s unique qualifications to provide the required supply or service.

8.405-6(a)(1)(i)(A) An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.

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.

8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

Rationale:

ICE intends to procure charter flight services through the Multiple Award Schedule Program under the authority of 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies pursuant to the authority selected above.

The Government awarded a new air transportation contract on March 8, 2024. A protest of the award decision was submitted to the Government Accountability Office (GAO) on March 18, 2024. To prevent an interruption of critical flight operations, the initial LSJ was approved, and an interim contract was awarded to the incumbent contractor.

While the initial protest was being reviewed, protest B-421683.6 was subsequently filed with the GAO on April 29, 2024, and has since been dismissed. Protest B-421683.7 was filed with the GAO on June 12, 2024, and has since been dismissed. Protest B-421683.8 was filed with the GAO on June 13, 2024, and has since been dismissed after the agency agreed to take corrective action.

The base period of performance for the current interim contract will end on August 31, 2024.

The agency is currently undergoing corrective action, based on the recommendations of the GAO. The time required to perform the necessary actions will extend beyond the base period of performance authorized by the initial LSJ.

To prevent a lapse in service for this critical government function, the agency will exercise the option to extend services for up to 6 months, in accordance with FAR 52.217-8. This extension is required to take the necessary corrective actions recommended by the GAO and transition performance from the interim contract to the competitively awarded contract.

Because there will not be enough time to compete an interim contract and maintain services, the best course of action is to extend the interim contract to the incumbent, CSI, who is the only source capable of providing the services for the duration of the corrective action.

LIMITED-SOURCES JUSTIFICATION

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Competing the interim contract is not practical because it would require months, and it is not possible for the government to solicit and award a contract for a very short term solely for the purpose of taking corrective action for a newly awarded flight services contract.

As the incumbent, CSI is uniquely qualified to continue providing these services on an uninterrupted basis and without the customary transition period of 30 to 45 days that a new vendor would need. The necessity for a transition period is supported by data the contracting office received during the previous competitive solicitation, with no substantial changes in market conditions in the short period of time that has lapsed. Furthermore, CSI already has the infrastructure in place and the workforce capable to meet the agency’s needs.

Additionally, CSI would prevent any interruption in service, which is unacceptable due to the critical nature of the agency’s functions being supported by these services.

For these reasons, CSI is the only source capable of performing the air transportation services at the level of quality required by ICE during the corrective action without interruption of the specialized services, due to the critical nature of the agency’s requirement.

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

The contracting officer has determined that issuing this modification, for the continuation of charter flight services, represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. The base order was placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.” The General Services Administration (GSA) has already negotiated fair and reasonable pricing rates.

Discounts to these GSA schedule rates were received. Prior to issuance of the base order, the ordering activity considered the level of effort and the mix of labor proposed to perform the specific task being ordered to determine that the total price was reasonable. This extension of services will be at the current rates already determined fair and reasonable in the base order.

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 prior to the award of the base order. There are an adequate number of federal supply schedule vendors who can perform these services. However, ICE is not seeking to issue an award to a new vendor while corrective action takes place.

7. Any other facts supporting the limited-sources justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

Not applicable.

LIMITED-SOURCES JUSTIFICATION

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

Once the corrective action on the new award is completed, ICE will no longer require charter flight services under this interim contract and will eliminate the need for any subsequent limited source acquisition to this vendor.

9. DHS intends to post this requirement on sam.gov pursuant to FAR 8.405-6(a)(2).

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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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.

Technical Representative/COR

11. Contracting Officer Certification

Contracting Officer

12. Approval.

Pursuant to FAR 8.405-6(c)(2)(xi), I hereby determine the circumstance identified in Section 4 applies.

Competition Advocate

Head of Contracting Activity

Chief Procurement Officer