Limited Sources Justification.pdf

U.S. Customs and Border Protection Limited-Sources Justification (LSJ) - FAR 8.405-6

For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Version 2.0 November 2020

Date: 12/04/2022 PR Number: 20123807

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. § 152(3), Competitive Procedures, and 40 U.S.C. § 501, Services for Executive Agencies.

1. Agency and Contracting Activity. Identification of the agency, contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

Through this Limited-Sources Justification, the U.S. Department of Homeland Security (DHS), Customs and Border Protection (CBP), Office of Acquisition, proposes to modify the single-award BPA 70B01C21A00000002 pursuant to FAR 8.405-6(a), Limiting Sources, by modifying the BPA’s estimated ceiling to allow for the execution of task order modifications to expand existing soft-sided facilities.

2. Nature and/or description of the action being approved. Describe the action being approved, and include the name and address of the proposed contractor(s).

CBP intends to modify BPA 70B01C21A00000002, by increasing its estimated ceiling to a new amount of $1,750,000,000.00, to support the surge of non-citizens at the Southwest Border by providing expanded facilities for additional detention and processing space. Additional facility capacity is needed to support the large influx of noncitizens expected due to the potential end of Title 42. The proposed contractor is Deployed Resources, LLC (Deployed Resources), 164 McPike Road, Rome, New York, 13441-4241.

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

The requirement is to provide CBP, with services to include all requirements to stand-up, furnish, and support the intake, processing, holding, meal services, janitorial services, security guards, shower monitors and caregivers, ancillary facilities, as well as all mechanical, electrical, plumbing, communications, showers, laundry, restrooms, pest service, Video Surveillance System (VSS), and other infrastructure as required by contractor for full wrap around services. The BPA 70B01C21A00000002 was awarded on January 15th, 2021, with a base period of 12-months, plus an option period of 12-months, with an ultimate expiration date of January 14, 2023. The BPA modification will increase the BPA’s estimated ceiling from $1,250,000,000.00 by $500,000,000.00 to $1,750,000,000.00.

4. Authority and supporting rationale.

FAR 8.405-6(a)(1)(i)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Given the incumbent has worked extensively with CBP to ensure these facilities meet the Agency’s needs and they have the unique experience and expertise to continue the immediate services, CBP intends to award this action pursuant to FAR 8.405-6(a)(1)(B).

http://uscode.house.gov/

BPA 70B01C21A00000002 was competitively solicited using the procedures in FAR 8.405-3, and was established with Deployed Resources against Federal Supply Schedule contract GS-10F-0309T.

The BPA has been used to standup soft-sided facilities with wrap-around services at locations in Donna (TX), Del Rio (TX), Tucson (AZ), and Yuma (AZ). At this time, the locations in Donna, Del Rio, and Yuma need to be expanded to increase capacity space. The Donna soft-sided temporary facilities currently have a holding capacity of 1625 persons. The planned expansion to the existing facility would increase the holding capacity by 1000 persons making the total holding capacity for the location 2,625 persons. The Del Rio soft-sided temporary facilities currently have a holding capacity of 1000 persons. The planned expansion to the existing facility would increase the holding capacity by 500 persons making the total holding capacity for the location 1,500 persons. The Yuma soft-sided temporary facilities currently have a holding capacity of 875 persons. The planned expansion to the existing facility would increase the holding capacity by 500 persons making the total holding capacity for the location 1,375 persons. The increase of the BPA’s estimated ceiling to $1,750,000,000.00 is needed to support the facility expansions.

The United States Southern Border is currently experiencing unprecedented migration of individuals seeking asylum in the United States. The border enforcement protections of Title 42 will also be phased out, potentially causing even greater numbers of migrants to be processed. All current detention/processing facilities are full, with limited space available in any southwestern border U.S.

Border Patrol location.

The land on which the current facilities exist was strategically chosen to take advantage of the ongoing operations in the Rio Grande Valley Sector, Del Rio Sector, Yuma Sector, and Tucson Sector. Furthermore, if a new vendor was selected via a competition and were to use the current locations, there would be a 60- to-90-day downtime in services while existing facilities and infrastructure were torn down and new facilities put into place. That would mean an unacceptable and problematic gap in services with no suitable facility for holding non-citizens. The logistical and administrative burden of attempting to maintain control of the migrant population, while the actions to de-mobilize and mobilize facilities are underway, would be prohibitive and result in harm to the United States.

Awarding a contract to a firm other than the incumbent would be cost-prohibitive, resulting in an estimated additional $20M (mobilization and demobilization) per facility to stand up a similar operation to what is already in place.

Moreover, the actions of this contract are such that all Contractor employees must be cleared through the full Tier 4 CBP Background Investigation (BI) program, to be allowed to work on this requirement. This process can take up to 120 days, with no guarantee that full staffing can be achieved in that time. Even given “right of first refusal” availability for non-technical labor tasking, the management and oversight teams of any new vendor to this requirement would also have to be taken through the BI process with all associated delays for adjudication. This would further increase the potential gap in services.

Deployed Resources is uniquely situated to provide the necessary services to CBP as the current contractor for CBP under the BPA task orders for facility management and wrap-around services at the Donna, Del Rio, Yuma, and Tucson site locations. It would cause unacceptable delays and be cost prohibitive to take down the existing facilities managed by Deployed Resources, and then put up new temporary facilities, whether from Deployed Resources or from another vendor. Deployed Resources is the only company capable of supporting the immediate expansion of the facilities they currently manage and wrap-around services at these locations to meet the mission needs of CBP.

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The contracting officer has determined that modifying BPA 70B01C21A00000002 to increase the BPA’s estimated ceiling to allow for the modification of existing orders to expand CBP’s existing soft-sided facilities represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. The General Services Administration (GSA) has already negotiated fair and reasonable pricing. Discounts to these GSA schedule rates will be requested. Additionally, CBP will consider the level of effort and the mix of labor proposed to perform each specific task being ordered to determine whether the total price of the expansions is reasonable. As part of the analysis, the contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE) as well as to previous CBP contracts for wrap-around services and soft-sided facilities.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Market research was conducted by examining several schedule holders; however, given CBP currently rents its existing soft-sided facilities from Deployed Resources, it would cause unacceptable delays and have significant mission impacts to have the facilities torn down and new contractor erect new facilities to meet CBP’s new capacity needs for these areas. Deployed Resources is well positioned to expand the existing facilities to meet CBP’s expanded capacity needs for detention of non-citizens which is expected to increase significantly if Title 42 ends.

7. Any other facts supporting the limited-sources justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

No additional facts are available at this time.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition for the supplies or services is made. Include a statement of actions taken or that will be taken to increase competition for future acquisitions of the same item/service (e.g., the government intends to revise overly restrictive technical specifications, acquire data rights, or pursue some other means to increase future competition). Posting requirements may also be addressed here or in #9 below.

CBP intends to competitively award future actions for soft-sided facilities at new locations where current facilities do not exist.

9. CBP intends to post this requirement on Beta.SAM pursuant to FAR 8.405-6(a)(2)(i).

10. Technical/Requirements Personnel Certification:

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

Technical Representative/COR Date

11. Contracting Officer Certification and/or Approval: *

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and to the best of my knowledge and belief.

Contracting Officer Date

*Note: In accordance with FAR 8.405-6(d)(1) for proposed BPAs or orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $750,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval.

LSJ Approvals:

13. COMPETITION ADVOCATE (Per FAR 8.405-6(d)(2) - Exceeding $750,000)

Approved Disapproved

Name (Print):

Competition Advocate

Signature: Date:

14. HEAD OF CONTRACTING ACTIVITY (Per FAR 8.405-6(d)(3) – Exceeding $15M to $75M)

Name (Print):

Disapproved Digitally signed by DIANE V DIANE V SAHAKIAN SAHAKIAN

Head of the Contracting Activity

Signature:

Date: 2022.12.21 16:09:47 -05'00'

Date:

15. DHS CHIEF PROCUREMENT OFFICER (Per FAR 8.405-6(d)(4) - Exceeding $75M)

Approved Disapproved

Name (Print): P a u l C o u r t n e y DHS Chief Procurement Officer

Signature: Date:

Note: Each Limited-Sources Justification must be reviewed and approved by lower level approval(s).

For example, actions over $75 million requiring CPO approval must be reviewed, approved, and signed by the contracting officer, Component Competition Advocate, and HCA.

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