JA - Extension of Services - 70B03C23C00000001 - Redacted Final.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 COVID-19 Vaccination Services - Extension Page 1 of 4

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND

OPEN COMPETITION

COVID-19 Vaccinations for Non-Citizens – Extension of Services 70B03C23C00000001

(41 U.S.C. 3304(a)(1))

J&A Control No.: 20135645 - Ext

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- 1 as follows:

1. Agency and Contracting Activity.

This document is a Justification and Approval (J&A) for Other Than Full and Open Competition to extend the requirements of a contract, by the post-award inclusion of FAR clause 52.217-8, Option to Extend Services. The U.S. Customs and Border Protection (CBP) proposes to extend the requirements of contract 70B03C23C00000001 with AMI Expeditionary Healthcare (USA), LLC, through the basis of other than full and open competition, under FAR 6.302-1: “Only one responsible source.”

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

This J&A is in accordance with FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. This J&A provides the rationale supporting the post-award inclusion of FAR 52.217-8, Option to Extend Services, for an extension to a single-award Firm Fixed Price contract, to AMI Expeditionary Healthcare

(USA), LLC (AMI).

3. Description of Supplies/Services.

The requirement of this contract is to provide COVID-19 Vaccination Services and seasonal flu vaccinations services for non-citizens who are processed as inadmissible under Title 8 and held in CBP custody, at various locations throughout the Southwest Border Area of Operations (SWB AOR). The inclusion of FAR 52.217-8 shall allow the services to continue under an extended basis while longer-term solutions are finalized.

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)(1) pursuant to FAR 6.302-1, Only One Source and no other Supplies or Services

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 COVID-19 Vaccination Services - Extension Page 2 of 4 will Satisfy Agency Requirements. There is only one responsible source that can perform these services at this time, 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.

This action is necessary due to an ongoing protest associated with the planned follow-on contract. It was expected that long-term contract solutions from both DHS and CBP, under separate actions, would be in place prior to the end of the current AMI contract, so that services could transition to one or both new contracts. FAR 52.217-8 was not included at award based on this expectation.

A continuing need exists to provide COVID-19 Vaccination Services. The planned extension will provide CBP with required vaccine services which ensure that there is limited potential for disease among the inadmissible non-citizens and those who have contact with them. AMI is the only source that can satisfy agency requirements, it has the proven capability and experience to continue to successfully execute the requirements in this contract expeditiously to meet the Government’s critical and urgent needs.

Furthermore, AMI has the required state certifications and is fully staffed with cleared personnel through the stringent and lengthy CBP Background Investigation (BI) process, ensures there will be no gap in the protection provided by these services while a permanent solution is underway.

AMI is the only vendor that has the available, cleared resources in position to meet the short-term need covered by this action.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

This is a justification to include FAR 52.217-8, Option to Extend Services, based on circumstances beyond the control of the Government or the Contractor. Additional market research was not conducted due to urgent need.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The pricing for services shall continue at the current established pricing, with no additional increase for the continued services. Therefore, based on previous price analysis, the negotiated extension price can be considered fair and reasonable to the efforts.

9. Description of Market Research.

DHS is currently in the review phase for a competitive multi-award DHS-wide