JA - 70B03C22D00000001 - Ceiling Increase_Redacted.pdf

Justification and Approval for Other than Full and Open Competition U.S. Customs and Border Protection

COVID-19 Vaccination Services – Increased Services and Additional Work Bilateral Out-of-Scope Modification and Increased Ceiling

Version 3.0 November 2020

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C.

3304(a)(2) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-2 entitled “Unusual and Compelling Urgency.” C

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

The initial requirements under this contract were in response to complying with a court order and negotiations with Mexico for the return of migrants enrolled in MPP. The expanded requirement will now include all consenting non-citizen age-appropriate migrants who are processed as inadmissible under Title 8 and taken into CBP custody at the southwest land border and who are unable to provide proof of a previous U.S. Centers for Disease Control and Prevention (CDC) or World Health Organization (WHO) approved vaccine. This action is a result of the continuing COVID-19 crisis and to address the urgent need to protect the health and well-being of the migrants, CBP personnel, and the public against both the COVID-19 virus and influenza. This modification shall not result in any extension of the current contract period of performance, and the period of performance for the additional work shall be less than one year (12-months), in accordance with FAR 6.302-2(d)(1)(ii).

The Presidential declaration of emergency based on the COVID-19 pandemic was unprecedented in nature and affected the entire world, resulting in massive loss of life and economic and social hardship for every aspect of society. With the development of a vaccine, the crisis has lessened but there remains the risk of hardship and death, especially among the poorest and indigent population who do not have ready access to medical facilities and treatment centers. A large portion of that community includes the non-citizen migrants who cross the international border into the United States on a continuing basis, seeking refuge or asylum. Allowing them to be present in the United States without either a CDC or WHO-approved vaccination presents a hazard to all United States citizens and immigrant population. This action, in support of the Department of Health and Human Services/ Centers for Disease Control, provides for the administration of the COVID vaccine, as well as immediate medical attention if needed following the vaccine, providing increased health and welfare to the affected population, and lessening the dangers overall for Government personnel and the public. This is an urgent effort to avoid severe serious illness, hospitalization, and death and needs to begin immediately.

The influenza virus has remained a significant cause of death and hospitalization among non-citizens held in custody by CBP throughout the United States southwestern border area of operations and has become an urgent and compelling concern in the care and oversight of those non-citizens. By the inclusion of the administration of the flu vaccination along with the COVID-19 virus vaccination, the overall actions of this modification strengthen and support the mission of the Department of Homeland Security and the United States immigration process.

COVID-19 Vaccination Services – Increased Services and Additional Work Bilateral Out-of-Scope Modification and Increased Ceiling

Version 3.0 November 2020

AMI is the only contractor that can meet this immediate requirement and mobilize to additional sites within the time required given that they are currently performing the COVID vaccine services under the current contract. This modification will require AMI to add locations and the influenza vaccine, but AMI already has staffing administering the COVID- 19 vaccine at 11 locations, and thus, has the resources and existing structure currently in place to perform immediately.

Awarding to another contractor would result in substantial duplication of costs, resources, space, and staffing to perform these added requirements. Further, the time for solicitation and evaluation of proposals would result in the services being delayed for months, past the flu season. This would not meet the agency’s immediate needs. Finally, the actions of this contract are only required for a temporary time due to the upcoming advent of the DHS-wide IDIQ contract for these same services, expected to be in place by the time this contract expires.

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

This is a bilateral modification to an existing contract and was not presented for public solicitation.

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 based on current contract pricing under the established vaccination services contract action.

8. Description of Market Research.

There are a limited number of vendors who can provide similar services of this action, but for the reasons stated in Section 5, other vendors would not be able to meet the urgent timeframe required without an unacceptable disruption in services. Given the delay and substantial costs that would result in awarding the added services to a new contractor, especially given the short-term nature of the requirement, AMI is the only source available to fulfill this urgent and compelling need to immediately start the vaccination process.

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

The requirement is for modification of an existing vaccination services contract. If the current Contractor AMI Expeditionary Healthcare (USA) Inc. does not do the modification, any new contractor will have to recruit staffing, re-mobilize, and attempt to establish services within an expedited period of time that would be impossible to meet in order to commence this critical action, at a cost that would be prohibitive to the program. Mobilization costs for

COVID-19 Vaccination Services – Increased Services and Additional Work Bilateral Out-of-Scope Modification and Increased Ceiling

Version 3.0 November 2020 the original contract action were approximately for 11 locations. Any new contractor would have to expend more than that to put personnel and equipment in place, assuming there were professional services personnel immediately available to recruit for these efforts.

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

Acquisition.

No other source has expressed an interest in this modification action.

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 Department of Homeland Security (DHS) is finalizing a department-wide multi-award BPA for overall vaccination services for both Government and non-citizen detainee personnel. That procurement action is expected to be in place prior to the end of this contract, mitigating further extensions or modifications of this nature.

12. Posting Requirement. CBP will post this requirement to the Government Point of Entry at www.sam.gov pursuant to FAR 6.305.