LSJ COVID PPE Upscope Posting Doc.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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J&A #21-00160

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), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), on behalf of the Office of Asset and Facilities Management (OAFM), proposes to award a Blanket Purchase Agreement (BPA) Call modification pursuant to FAR 8.405-6(a), Limiting Sources.

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

(a) Type of action: Firm-Fixed-Price (FFP) BPA Call modification

(b) Amount the current LSJ is justifying: $1,799,701.79

(c) Brief Description:

OAQ intends to procure, on a sole source basis, additional warehouse space, trucks, and staff to store Personal Protective Equipment (PPE) due to the COVID-19 pandemic for BPA Call HSCEMS-17-F-00066. The current BPA Call awardee is detailed below:

Logistics Applications Incorporated (LAI) 2760 Eisenhower Avenue, Suite 202

Alexandria, VA 22314

3. Description of Supplies/Services.

In 2017, ICE awarded a competitive BPA Call to Logistics Applications, Inc. (LAI) to provide warehouse support receiving, storing, fulfilling, and delivering PPE across the National Capitol Region (NCR). The initial award utilized 6,000 square feet of warehouse space at the LAI Warehouse in Waldorf, MD; however, the COVID-19 pandemic has created a time sensitive situation where the warehouse space needed has increased to 25,000 square feet to store and ship PPE. In addition to the increased warehouse space, the COVID-19 requirement has increased the necessary contractor personnel that are receiving/storing bulk shipment drops, staging and processing product delivery to DHS component locations throughout the NCR. The PPE items being received, stored, and distributed include gloves (multiples sizes), garments (multiple sizes), goggles, hand sanitizer (multiple sizes), face shields, fit test kits, masks (surgical, KN90, N95, 9205+, respirators, communicators). The increased COVID-19 warehouse services are required to fulfill the ICE mission to immediately provide PPE to the component workforce expeditiously and efficiently.

http://uscode.house.gov/

LIMITED-SOURCES JUSTIFICATION

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The chart below details the increased value added to the BPA Call due to the COVID-19 pandemic requirement:

Period of Performance

(POP)

COVID-19 Increase Total Value

Base Year 9/15/17- 9/14/18

N/A At time of award- $823,337.92 With COVID- N/A

Option Year 1 9/15/18- 9/14/19

N/A At time of award- $887,265.14 With COVID- N/A

Option Year 2 9/15/19- 9/14/20

$271,007.76 At time of award- $859,090.96 With COVID- $1,130,098.72

Option Year 3 9/15/20- 9/14/21

$1,438,694.03 At time of award- $850,011.74 With COVID- $2,288,705.77

Option Year 4 9/15/21- 9/14/22

$90,000.00 At time of award- $759,185.16 With COVID- $849,185.16

TOTAL $1,799,701.79

Summary- The BPA Call was awarded with an initial total value of $4,548,316.52. The COVID-19 up scope costs represent an increase of $1,799,701.79 or a 39% increase in the total value of the BPA Call.

4. Authority and supporting rationale and a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Authority:

☒ 8.405-6(a)(1)(i)(A) An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays.

☐ 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.

☐ 8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

Rationale:

The COVID-19 pandemic has created an urgent and compelling need to find increased warehouse space to store the PPE and hire additional staff and trucks that will accommodate the request. Since the COVID-19 pandemic surge started, the warehouse has added approximately 22,175,396 PPE items to be stored, packed, and transported. In order to meet that surge demand, ten (10) additional personnel have been hired to support the COVID-19 tasks surrounding receiving, inventory management, order fulfillment and delivery. In addition, two (2) full time trucks, with full time operators, were hired to transport and pickup increased orders of PPE from the LAI warehouse and delivered to ICE sites within the NCR

LIMITED-SOURCES JUSTIFICATION

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(within 250 miles of the ICE PCN Building). Additionally, the truck teams make deliveries of PPE shipments to the government Consolidated Remote Delivery Site (CRDS) for distribution to ICE sites worldwide.

If these tasks cannot be fulfilled, it would directly violate OAFM’s Mission which is to actively contribute to ICE’s mission by delivering asset and facilities services across the enterprise in an environmentally sustainable, cost effective and reliable manner. OAFM strives to meet the needs of Program Office stakeholders, while maintaining internal controls and stewardship of taxpayer monies.

LAI is positioned and able to provide the increased PPE warehouse space and support services on an uninterrupted basis. Issuing a new solicitation and seeking a new awardee for the COVID 19 requirements would result in unacceptable delays as well as a possible duplication of cost, effort, and time. The program office is unable to accept a break in service as the PPE must be stored and shipped on a continual basis per DHS/ICE guidance.

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

This BPA Call modification will be placed against BPA HSCEMS-17-F-00066 in accordance with FAR 8.404, “Use of Federal Supply Schedules.” The CO has determined that issuing a modification to the existing BPA Call represents the best value based on the urgent and compelling need due to the COVID 19 pandemic. The BPA Call includes a fixed monthly price for the warehouse support requirement comprised of the three (3) labor categories (warehouse manager, material coordinator, and truck driver) along with the warehouse space leasing price.

The CO conducted a price analysis for the COVID-19 PPE warehouse support up scope (labor categories and additional warehouse space) and found the total hours, hourly rates, and additional price per square foot to be fair and reasonable.

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.

At time of award in 2017, market research found an adequate number of Federal Supply Schedule (FSS) vendors who can perform these warehouse and shipment services.

Subsequently, the RFQ was awarded competitively to LAI/DMCI after a full-scale evaluation by OAFM and OAQ. Based on the new COVID up scope, the CO did not conduct market research based on the new requirements being urgent in nature and OAFM is unable to accept delays by finding a new awardee. It is in the Government’s best interest to leverage the current BPA Call to provide the increased warehouse space and labor.

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 exist.

LIMITED-SOURCES JUSTIFICATION

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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.

Following the expiration of the current BPA Call, ICE OAQ plans to issue a competitive RFQ among GSA FSS holders to provide warehouse support services contract (to include COVID-19 if the pandemic requirement still exists) in the third quarter of FY22. The current BPA Call with LAI/DCMI expires on 9/14/22.

9. DHS intends to post this requirement on www.BETA.SAM.GOV pursuant to FAR 8.405-6(a)(2).

IAW with FAR 8.405-6(a)(s), the CO will post the LSJ within 14 days of awarding the BPA

Call to www.BETA.SAM.GOV.

10. Signatures- All appropriate ICE signatures were obtained in the approval process.

http://www.beta.sam.gov/ http://www.beta.sam.gov/