JOFOC-DEN CDF-Redacted_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (A): USE OF NONCOMPETITIVE PROCEDURES

Page - 2 - of 5

(f) Year of funding: Multi-Year Funding is anticipated; however, this will be determined when the extension is exercised.

(g) Solicitation Number: 70CDCR21R00000002

(h) Background information about the requirement:

OAQ currently has a contract, 70CDCR22D00000001, with The GEO Group, Inc. for detention, transportation, operation and management at the contractor-owned Denver (Aurora) CDF. The current contract expires on October 15, 2026.

The competitive follow-on acquisition is in the evaluation phase. To prevent an interruption in critical detention and transportation services for ICE ERO, a sole-source contract modification is necessary to extend the current contract for up to two months.

3. Description of Supplies/Services.

The ICE ERO Denver Field Office has an ongoing need for uninterrupted detention and transportation services within the Denver Area of Responsibility (AOR).

ICE is responsible for the detention of aliens in removal proceedings and those subject to final orders of removal. ICE houses detainees in CDFs and in other federal, state, local, and private facilities. The proposed extension will be exercised to allow ICE to complete the ongoing competition, make an award, and transition to the competitively awarded follow-on contract.

The proposed action requires the incumbent contractor to continue providing detention and transportation services 24 hours per day, seven days per week. These services include trained and qualified management personnel, supervision, staffing, relief officers, uniforms, equipment, vehicles, and necessary supplies. The facility also provides on-site administrative space for approximately 60

ICE employees.

The contractor must remain compliant with the National Detention Standards 2026, the American

Correctional Association Standards for Adult Local Detention Facilities, all applicable federal laws, and applicable Occupational Safety and Health Administration standards.

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:

☒ RFO 6.103-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Identification of Exception to the Buy American Statute

Not Applicable

Page - 3 - of 5

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

ICE ERO promotes public safety and national security by enforcing the nation’s immigration laws and ensuring the departure of removable aliens from the United States. While individuals are in ICE custody, ICE must ensure they are housed in a safe, secure, and humane environment and that their statutory rights are safeguarded.

The current contract with The GEO Group, Inc. expires on October 15, 2026. On August 28, 2026, ICE issued Solicitation No. 70CDCR26R00000026 on sam.gov for Multi Turn-Key Detention

Centers using full and open competition. The Denver region is included in that solicitation. ICE anticipates awarding an IDIQ contract with a 10-year period of performance extending to approximately December 2036.

The proposed interim extension is necessary to maintain uninterrupted performance while ICE completes the solicitation’s pre-award activities, makes an award, and transitions to the follow-on contract.

The GEO Group, Inc. is the only responsible source capable of immediately meeting ICE’s need for detention and transportation services at the Denver CDF and mitigating the risks associated with a lapse in service. The GEO Group, Inc has provided detention services to ICE since April 11, 1987, and is familiar with the requirements associated with detention operations in the Denver AOR.

The Denver ERO Field Office requires immediate access to a detention facility that can provide detention, care, and transportation services in a location that supports operations throughout the AOR.

The Denver (Aurora) CDF currently provides capacity for up to 1,530 detainees, representing more than half of the available detention bed space in Colorado. ICE is not aware of another facility that can satisfy the agency’s location, capacity, transportation, and transition requirements within the required timeframe.

The GEO Group, Inc currently owns and operates a facility that meets ICE’s requirements and has the personnel, equipment, infrastructure, and established processes necessary to continue performance without interruption. Another contractor could not establish the necessary facilities and infrastructure within the limited period available before the current contract expires.

Accordingly, continuing services with the incumbent contractor is in the Government’s best interest until the competitive follow-on contract is awarded and the necessary transition is completed.

Without the proposed extension, the Denver region would lose access to 1,530 detention beds and associated transportation capacity. A lapse in service would disrupt detention operations and ICE’s continuity of operations in the Denver region.

The proposed action will ensure continuity of detention, care, and transportation services during completion of the competitive acquisition.

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

The contract opportunity was advertised on sam.gov through Solicitation No. 70CDCR21R00000002 on June 10, 2021 and was conducted using full and open competition.

Page - 4 - of 5

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

Pricing under current Contract No. 70CDCR22D00000001 was determined fair and reasonable at the time of contract award and in the most recent Determination and Findings supporting the option exercise.

The incumbent contractor has agreed to maintain the pricing established under the current contract for the proposed two-month extension. The Contracting Officer also compared the proposed pricing with pricing from previous acquisitions for similar services and determined that the pricing is comparable.

Based on these factors, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

9. Description of Market Research.

Market Research for the current IDIQ included a Request for Information (RFI) that was issued in

October 2020 on sam.gov seeking to identify possible detention facilities in the Aurora, CO area meeting certain distance and location parameters consistent with detention requirements across ICE.

The RFI yielded 1 response from The GEO Group, Inc for this facility. In an effort to obtain competition the solicitation was issued to sam.gov for full and open competition, one quote was received.

ICE began conducting market research in February 2025 with an RFI posted to sam.gov seeking to identify possible detention facilities in the Denver AOR for ongoing market research purposes.

Multiple vendors responded with possible sites and capabilities, however the number that could meet the Government’s requirement was limited.

Based on market research, the Government determined that other potential vendors would be unable to complete transition and mobilization activities within the timeframe required to prevent a lapse in service. The proposed extension is therefore necessary to provide sufficient time to complete the ongoing competitive acquisition, make an award, and transition to the follow-on contract.

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

None

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

12. 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.

There are no barriers to competition in the subsequent acquisition for these services. The requirement is currently being solicited in a full and open competition on sam.gov under competitive solicitation 70CDCR26R00000026. The competitive follow-on procurement is in the evaluation phase. Award is anticipated in October 2026.

Page - 5 - of 5

The proposed two-month extension will allow ICE to complete the competitive acquisition and transition process without a lapse in detention and transportation services. The extension also accounts for potential delays associated with the opening of fiscal year 2027 financial systems and the time required to transition to the competitively awarded contract.

Completion of the ongoing full and open competition is expected to eliminate the need for additional sole-source extensions for this requirement.

13. 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.

Contracting Officer Date

14. 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.

Technical Representative/COR Date

15. Approval.

Procuring Activity Advocate for Competition Date