LSJ 70B01C24F00000034 _ REDACTED.pdf

Attachment 4 U.S. Customs and Border Protection

Limited-Sources Justi cation (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simpli ed Acquisition Threshold (SAT)

Version 2.0 November 2020

Date: December 3, 2024 PR Number: 20142943

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 The Department of Homeland Security (DHS), Customs and Border Protection (CBP), Office of Acquisition, proposes to extend CBP Blanket Purchase Agreement (BPA) task order 70B01C24F00000034 by eleven (11)-months beyond the original period of performance pursuant to FAR 8.405-6(a), Limiting Sources.

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

CBP intends to limit the number of sources in accordance with FAR Part 8.405-6(a)(1)(A) and (C) by extending current CBP BPA 70B01C23A00000007, call order 70B01C24F00000034, issued against GSA Schedule 47QSWA20D0010 for Armed Facility Guard Services in the El Paso, TX region to contractor Paragon Systems Inc. 13900 Lincoln Park Dr., Ste 300, Herndon, VA 20171. The current 1-year task order performance period is being extended by an additional eleven (11) months, from 12/08/2024 through 11/07/2025, and include FAR 52.217-8, Option to Extend Services.

3. Description of Supplies/Services.

The requirement is to provide continued Armed Facility Guard (AFG) Services in El Paso, TX CBP sector migrant detainment centers as required to maintain operational integrity on a 24-hour basis, including all weekends and holidays. AFG services include escort and guard services of detainees in CBP custody while at holding facilities, medical facilities, courtrooms, and other locations. Task Order 70B01C24F00000034 was awarded on December 08, 2023 and issued against CBP BPA 70B01C23A00000007. The current performance period under Task Order 70B01C24F00000034 is one (1) year. This action will increase that period by an additional 11 months with an estimated increase in the ceiling price of the task order as follows:

Base Period Period Extension

Increase Revised Ceiling Price

12/08/23 – 12/07/24 12/08/24 – 1 /07/25

$15,000,000.00 $42,982,433.99

4. Authority and supporting rationale.

FAR 8.405-6(a)(1)(A) – An urgent and compelling need exists, and competing this requirement would result in unacceptable delays. These critical services are required to

Limited-Sources Justi cation (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simpli ed Acquisition Threshold (SAT)

Version 2.0 November 2020 maintain detainee facility operations without interruption. Any break in services will result in Border Patrol agents being removed from their core duties and reassigned to perform as security guards of detainee facilities, causing an unacceptable risk to border security throughout the region. CBP requires a contractor that can perform the services immediately, without a need for a transition period, to avoid a break in services. Only the incumbent can perform in the short-term.

FAR 8.405-6(a)(1)(C) – In the interest of economy and efficiency, this contract extension is a logical follow-on to the current task order 70B01C23F00000034. This order was issued against CBP single-award BPA 70B01C23A00000007, which was competed among schedule holders of GSA MAS 561612. The order has not previously been extended. This task order already provides staffing of cleared personnel and any transition to a new contractor for the 11 months would create unacceptable and problematic gaps in services. Any other vendor would require 6-12 months after any new contract award for their proposed staff to obtain CBP clearances, a length of time which creates a need for this extension. This logical follow-on is issued in the interest of economy and efficiency to avoid disruption of service, duplication of efforts, and transition delays, and to further reduce cost and risk to the agency.

Only the incumbent can perform in the short-term without a transition period and without a break in service until CBP can compete a new award.

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 extending the current task order 70B01C24F00000034 by 11 months 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 Agency (GSA) has already negotiated fair and reasonable pricing, and further discounts from those prices were established when competitively awarding the CBP BPA and order 70B01C24F00000034. Additionally, since this requirement can fluctuate in scope due to migration services, this Labor Hour contract type allows the agency to only pay for those services provided. Pricing will continue to be based on current rates which are discounted off GSA rates already determined fair and reasonable, with only minimal escalations due to DOL Wage Rate increases. Therefore, this extension does not commit the Government to any costs other than the services that will be needed.

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.

Based on prior and continuing market research and the need for these critical services to continue uninterrupted, it is determined no other vendor could perform the work in the short term without a break in coverage.

Limited-Sources Justi cation (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simpli ed Acquisition Threshold (SAT)

Version 2.0 November 2020

Any other facts supporting the limited sources justification.

An eleven (11) month task order extension will allow for continued services while a new competitive award is put in place that will take into consideration the results of new market research and eliminate any barriers to competition by ensuring maximum small business participation. A competitively awarded solicitation is anticipated the spring of 2025. During this 1 month extension, no other provider of services at these locations would be feasible to maintain seamless operations and undergo any needed staffing transition without creating serious operational risks. The current vendor has the knowledge, experience, and cleared personnel to continue performing the services without a transition or break in service. Any new contractor would need a transition period of several months before it could perform fully under the contract, which would create an unacceptable gap in mission-critical services. CBP anticipates competing this requirement during the next 11 months and providing for an adequate transition period.

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.

CBP intends to competitively award future BPAs for Armed Facility Guard services during the timeframe of this task order extension. Subsequent acquisitions for these services will be made competitively and include small business participation requirements.

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

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

Limited-Sources Justi cation (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simpli ed Acquisition Threshold (SAT)

Version 2.0 November 2020

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