ISAP III JOFOC Redacted for Posting.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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J&A-20-0156

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 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 based on the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of Enforcement and Removal Operations (ERO) on a basis of other than full and open competition.

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

(a) Type of action: Modification to extend Firm-Fixed Price Indefinite-Delivery- Requirements contract HSCEDM-14-D-00004

(b) Amount of the current J&A: $67,296,606.00 (Funding will be obligated under Task Orders)

(c) Brief Description: OAQ intends to procure, on a sole source basis, Intensive Supervision Appearance Program III (ISAP) support services through the extension of a current contract with:

B.I. Incorporated 6265 Gunbarrel Ave, Suite B Boulder, CO 80301-5318

3. Description of Supplies/Services.

B.I. Incorporated was awarded contract HSCEDM-14-D-00004 on September 8, 2014, to provide ISAP III support services. The current contract period of performance expires on June 30, 2020.

ISAP III is a flight-mitigation program that uses technology and case management to increase compliance with release conditions, court appearances and final orders of removal while allowing aliens to remain in their community

These services are required to facilitate the Alternative to Detention unit’s mission to provide an alternative to detention through the use of technology, ensure care and custody of unaccompanied alien children and families, and provide guidance related to immigration bond management.

This requirement is to provide an additional four months of ISAP III support services. The Government intends to issue a task order under the extended ordering period at an estimated

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

Page of 5 Version 1.2 total cost of $67,296,606.00. The total value of the contract will increase from $666,039,158.51 by $67,296,606.00 to $733,335,764.51.

Period Time Total Base 12 mos. $35,933,182.44 Option Year 1 12 mos. $75,915,605.21 Option Year 2 12 mos. $107,217,703.18 Option Year 3 12 mos. $123,170,951.98 Option Year 4 12 mos. $162,229,226.05 FAR 52.217-8 6 mos. $96,943,493.79 Previous J&A 4 mos. $64,628,995.86 Current J&A 4 mos. $67,296,606.00

$733,335,764.51

4. Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. §3304 as implemented by:

FAR Subsection 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

6.302-2: Unusual and compelling urgency.

6.302-3: Industrial mobilization; engineering, development, or research capability; or expert services.

6.302-4: International agreement.

6.302-5: Authorized or required by statute.

6.302-6: National security.

6.302-7: Public interest.

5. Demonstration that the nature of the acquisition requires use of the authority cited.

ICE/OAQ intends to procure ISAP III support services. Pursuant to FAR 6.302-1: There is only one responsible source and no other services will satisfy agency requirements. Full and open competition would result in unacceptable delays and seriously injure the Government.

A new contract for these services was competed using full and open competition and awarded March 23, 2020. That award was protested with the Government Accountability Office (GAO), which initiated a stop-work order on the new contract until the protest is fully adjudicated.

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BI, Inc. is uniquely positioned to continue providing these services to ERO on an uninterrupted basis and to allow for a smooth transition to the new contract. Issuing a new solicitation and seeking a new awardee while the protest is being adjudicated would result in unacceptable delays and a duplication of cost, effort and time, with very little benefit to the Government. As such, it is in the best interest of the Government to continue receiving ISAP III support services from BI, Inc. until the protest is fully adjudicated.

BI, Inc. uses technology and case management resulting in flight-mitigation and increased compliance with release conditions, court appearances and final orders of removal for over 100,000 participants across the United States. Currently, there is no interface between BI, Inc.’s case management system and the Government’s internal participant tracking system. Therefore, BI, Inc.’s system is often the best location for the most current and accurate information of a participant. A lapse in access to BI, Inc.’s case management system would prevent ICE ERO officers from access to the information vital to perform mission critical law enforcement duties and responsibilities, including locating potential absconders.

Furthermore, it would take an extensive amount of time for a new contractor to produce roughly 40,000 Global Position System (GPS) tracking devices, remove BI, Inc.’s GPS devices and install their own in addition to transitioning data from BI, Inc.’s case management system and training ERO officers on their new systems. This would likely result in an interruption in service and capabilities that could present significant safety and mission impacts. Any lapse in GPS tracking or case management could result in devastating consequences including noncompliance with final orders of removal.

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

OAQ does not intend to publicize this requirement, prior to award, based on the following 5.202(a) exception:

(11) The proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of 5.207 with respect to the current proposed contract action;

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer has determined that the anticipated price(s) will be fair and reasonable as the extension is a continuation of pricing deemed fair and reasonable at the time of contract award based on adequate price competition and comparison with previous prices paid.

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8. Description of market research.

Market research was conducted prior to the award of the new contract, which is now under protest with GAO. There are an adequate number of vendors who can perform these services.

However, ICE OAQ is not seeking to issue an award to a new vendor while the protest of the award made under full and open competition is being adjudicated.

9. Any other facts supporting the use of other than full and open competition.

Not applicable.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

Since, this action was not publicized due to the exception under FAR5.202(a)(11), no vendors expressed written interest in the acquisition. However, as previously stated, the new contract has been competed via full and open competition.

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.

Once the protest on the new award is adjudicated, ICE will no longer require ISAP III support services from BI, Inc. and will eliminate the need for any subsequent sole source acquisition to this vendor.

After award of this action, DHS intends to post the approved/signed justification pursuant to 6.305.

After award of this action, DHS does not intend to post the approved/signed justification in accordance with 6.305(f).

12. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

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13. Technical/Requirements Personnel Certification.

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

14. Approval.

Head of Contracting Activity