JA - CBP SWB COVID-19 Vaccinations IDIQ - 121421 - Signed_Redacted.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

U.S. Customs and Border Protection Version 3.3

J&A CBP/HHS COVID-19 Vaccination Services - MPP Page 1 of 5

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

COVID-19 Vaccinations for Non-Citizens in Migrant Protection Protocols

(41 U.S.C. 3304(a)(2))

J&A Control No.: 20130491

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and 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 justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

This document is a Justification and Approval for Other Than Full and Open Competition (J&A). The U.S. Customs and Border Protection (CBP), acting in support of the U.S.

Department of Health and Human Services, proposes to enter into a contract with AMI Expeditionary Healthcare (USA), LLC, through the basis of other than full and open competition, under FAR 6.302-2: “Unusual and compelling urgency.”

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

(a) Nature of action: This Justification & Approval (J&A) is in accordance with FAR 6.302-

2(a)(2) Unusual and Compelling Urgency. This J&A provides the rationale supporting a sole source single-award Indefinite Delivery/Indefinite Quantity (IDIQ) contract, with the ability to issue Firm Fixed Price (FFP) Task Orders, to AMI Expeditionary Healthcare (USA), LLC (AMI). The contractor will administer COVID-19 vaccinations for non-citizens within the Migrant Protection Protocols (MPP) program, at various locations throughout the Southwest Border Area of Operations (SWB AOR), in response to a court-ordered requirement for same.

(b) AMI Expeditionary Healthcare (USA), Inc.

Reston, VA 20191-3423

(c) Contract type: IDIQ with the ability to issue FFP Task Orders

(d) Ordering Period: November 29, 2021 – May 28, 2022

(e) Ceiling of IDIQ: .

(f) Initial Task Order value: (inclusive of all options)

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

U.S. Customs and Border Protection Version 3.3

J&A CBP/HHS COVID-19 Vaccination Services - MPP Page 2 of 5

(g) Period of Performance:

• Base: 12/01/21 – 02/28/22

• Option Period 1: 03/01/22 – 03/28/22

• Option Period 2: 03/29/22 – 04/28/22

• Option Period 3: 04/29/22 – 05/28/22

3. Description of Supplies/Services.

This requirement is to provide COVID-19 Vaccination Services in support of Migrant Protection Protocols with an estimated November 30, 2021, start date. Except for the vaccines to be provided by the Government, the Contractor shall provide all resources and support necessary for the COVID-19 vaccination services as required, of non-citizens as directed by the Government at the locations in the SWB AOR. The requirement includes proper storage of COVID-19 vaccinations, administering of COVID-19 vaccinations to individuals enrolled within the MPP Program, and additional support services.

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(a)(2) pursuant to FAR 6.302-2, Unusual and Compelling Urgency. The executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to sole source this requirement. The unusual and compelling urgency precludes full and open competition and a delay in award would result in serious harm to the Government.

5. Identification of Exception to the Buy American Statute N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

An urgent and compelling need exists to establish COVID-19 Vaccination Services in support of the MPP mission for non-citizens before returning to Mexico. Federal courts have ordered the Department to restart MPP as early as November 30, 2021. One of the conditions that the United States negotiated with the Government of Mexico is the requirement to vaccinate those migrants enrolled in the MPP against COVID-19 before they return to Mexico. This contract provides CBP with required vaccine services and the ability to stand up operations in an expedited timeframe. CBP intends to meet this obligation by rapidly establishing vaccination sites in designated locations where those entering MPP can be vaccinated before return to Mexico.

AMI is uniquely qualified to fulfill the contract requirements under unusual and compelling