Justification (Redacted).pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-23-00230

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of the Enforcement and Removal Operations (ERO), Denver Field Office on a basis of other than full and open competition.

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

(a) Type of action: Firm-fixed price purchase order

(b) Amount the current J&A is justifying: $544,856.23

(c) Brief Description: OAQ intends to procure, on a sole source basis, unarmed guard services using simplified acquisition procedures. This action is being taken pursuant to the authority of FAR 13.501. The vendor listed below is the only company that can provide the required services.

Denver Health and Hospitals Authority DBA Denver Health 777 Bannock ST

Denver, Colorado 80204-4507

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

This requirement will provide unarmed guard services when ICE detainees are admitted to Denver Health’s Correctional Care Medical Facility at an estimated total price of $544,856.23.

These services are required to ensure the security and custody of ICE detainees while admitted to this facility for medical treatment. The period of performance will include a 12-month base year, and four (4), twelve (12)-month option years.

Period Time Price Total Base Year 12 mos. $99,000.00 $99,000.00 Option Year 1 12 mos. $103,752.00 $103,752.00 Option Year 2 12 mos. $108,732.10 $108,732.10 Option Year 3 12 mos. $113,951.24 $113,951.24 Option Year 4 12 mos. $119,420.90 $119,420.90

$544,856.23

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by

FAR 13.501.

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

Denver Health’s Correctional Care Medical Facility provides hospital units specifically designated for individuals that are referred by law enforcement agencies. These units are guarded exclusively by the Denver Sheriff Department per agreement with Denver Health. These hospital units are utilized by the ICE ERO Denver Field Office, on an as needed and available basis, when detainees require emergency medical treatment or medical attention beyond the level of care available to ICE at the detention facility. When a detainee is admitted to the Correctional Care Medical Facility for medical treatment, Denver Health provides guard services utilizing the Denver County Sheriff's office.

Therefore, Denver Health is the only responsible source and no other service will satisfy the agency requirement. If this justification is not approved, ICE detainees may not be admitted for care at the Denver Health Correctional Care Medical Facility disrupting critical medical access and treatment for detainees. As such, it is in the best interest of the government to continue receiving guard services from Denver Health when ICE detainees are admitted to the Correctional Care Medical Facility.

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

In accordance with FAR 5.201, OAQ published a pre-solicitation notice on 03 July 2023 on the sam.gov website expressing the government’s intention to procure this effort on a sole source basis to Denver Health. OAQ also intends to make this justification publicly available pursuant to FAR 6.305 on sam.gov within 14 days after contract award.

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

The contracting officer determined that the anticipated price will be fair and reasonable based on a comparison of the proposed price to historical prices paid, whether by the government or other than the government entities, for the same or similar items.

8. Description of market research.

Market research was conducted collaboratively between the program office and OAQ. Security guards and patrol services, such as the services required under this effort, are considered a commercial item and are services of a type offered and sold competitively in the commercial marketplace. However, due to the unique circumstances noted under paragraph 5 above, Denver Health has exclusive rights to provide the required guard services and no other provider is authorized or available to meet this requirement.