JA-21-0001_LESA_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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J&A-21-0001

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of the Enforcement and Removal Office (ERO) Law Enforcement Systems and Analysis (LESA), proposes to award a GSA Task Order pursuant to FAR 8.405-6(a), Limiting Sources.

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

(a) Type of action: Firm-fixed price contract

(b) Amount the current J&A is justifying: $5,126,008.92

(c) Brief Description: OAQ intends to procure, on a sole source basis, LESA program management support services from the following company.

Booz Allen Hamilton 8283 Greensboro Drive McLean, VA 22102

3. Description of Supplies/Services.

The requirement is to provide an additional six months of LESA program management support services at a total cost of $5,126,008.92. These services are required to maintain continued contractor support and disciplines to conduct analysis to ensure better accountability, consistency, and efficiency of statistical reports, briefing papers, and responses to requests from DHS, Congress, and the White House. The Contractor shall Provide deployment support for ICE IT initiatives, operations research and strategic analytics, and business process analysis and transformation project support.

Period Period of Performance Price Total

Base November 16, 2020 through February 15, Option Period I February 16, 2021 through March 15, 2021 Option Period II March 16, 2021 through April 15, 2021 Option Period III April 16, 2021 through May 15, 2021

Total $5,126,008.92

4. Authority and supporting rationale and a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Authority:

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/OAQ intends to procure additional LESA program management support 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.

A new task order for these services was competed and awarded in September 2020. That award was protested, B-419210.1, on September 28, 2020, with the Government Accountability Office (GAO), which initiated a stop-work order with the new contractor until the protest is fully adjudicated.

Currently these services are being performed by Booz Allen Hamilton (BAH), under Task Order HSCEDM-15-F-00013. This task order was awarded off the ICE Business and Program Solutions for Law Enforcement (BAPSLE) BPA which was a multiple award BPA, competed among the Professional Services Schedule (PSS) under FAR Part 8. The ICE BAPSLE BPA has since expired; therefore a new contract vehicle must be put in place to ensure continued mission support.

I have determined that Booz Allen Hamilton, as the incumbent contractor, is the only source available to continue providing these services to ERO to in the available time during the duration of the protest. Additionally, initiation of ordering procedures for full and open competition would result in unacceptable delays due to the BAPSLE BPA expiration and a current “stay” on the award of 70CDCR20FR0000006. Thus, the protest has created an urgent and compelling need to issue this bridge contract to the incumbent until there is a resolution to the protest.

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

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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The Contracting Officer has determined that issuing a Task Order to Booz Allen Hamilton for the continuation of LESA program management support services represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. This order will be 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 will be requested by BAH.

Additionally, prior to issuance of the task order, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific task being ordered in order to determine that the total price is reasonable. The contractor’s labor mix and level of effort will be compared to the historical contract HSCEDM-15-F-00013 and determined reasonable.

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 new Task Order, which is now under protest with GAO. There is an adequate number of Federal Supply Schedule vendors who can perform these services. However, ICE OAQ is not seeking to issue an award to a new vendor while the protest is being adjudicated.

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.

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 protest on the new award is adjudicated, ICE will no longer require LESA program management support services from Booz Allen Hamilton and will eliminate the need for any subsequent limited source acquisition to this vendor.

9. DHS intends to post this requirement on BetaSAM 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 Date

11. Contracting Officer Certification and/or Approval *

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Date

12. Approval.

Over $700,000 but not exceeding $13.5 million Date Competition Advocate ontracting Officer