LSJ ISS Action Ground Transportation redacted_Redacted.pdf

Attachment 4 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: June 13, 2025 PR Number: 20152298

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.”

The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Office of Acquisition (OA), proposes to award a Bridge Task Order against a GSA Multiple Award Schedule pursuant to FAR 8.405-6(a), Limiting Sources.

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).

o CBP intends to limit the number of sources solicited pursuant to FAR Part 8.405- 6(a)(1)(i)(B) by awarding a sole source bridge Task Order for Ground Transportation and Guard Services. Currently, only one source is capable of providing the services required with certified transportation officers and vehicles properly outfitted with detention packages, camera systems and communication systems. CBP has a highly technical requirement which entails a significant amount of preparation and ramp up to be able to fully operate. A Task Order will be awarded against GSA schedule contract, GS-07F-072GA, to contractor ISS Action Inc. who is already certified, licensed, and operating the ground transportation and guard services as needed by CBP. The contractor’s address is:

o 204 E McKenzie St, Unite E6 Punta Gorda, Fl, 33950

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

o CBP requires Ground Transportation and Facility Guard Services to support the mission along the United States Southwest Border within the Arizona and California Corridor (ACC).

The ACC encompasses four U.S. Border Patrol (USBP) sectors:

o Tucson Border Patrol Sector o Yuma Border Patrol Sector o El Centro Border Patrol Sector o San Diego Border Patrol Sector

As a critical part of its mission, CBP must provide ground transportation and guard services for the movement of migrants intercepted and/or processed within the ACC. The proposed period of performance is as follows:

Period of Performance:

Base Period (Two-Months) August 14, 2025 – October 13, 2025 Option Period 1 (Two-Months) October 14, 2025 – December 13, 2025 Option Period 2 (Two-Months) December 14, 2025 – February 13, 2026 Option Period 3 (One-Month) February 14, 2026 – March 13, 2026

Estimated Total Value:

4. Authority and supporting rationale. Select one of the circumstances justifying limiting sources pursuant to FAR 8.405-6(a)(1)(i) below and demonstrate the proposed contractor’s unique qualifications to provide the required supply or service.

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.

An existing Blanket Purchase Agreement (BPA) awarded to ISS Action in 2019 has been in place with the capacity to issue tasks orders with a period of performance through August 2025 and would be used to supplement service. When this BPA was issued, the Southwest Border was at a near all-time high in apprehensions of illegal border crossings.

In preparation of continued service after expiration of the BPA, requirement documents were drafted in the early second quarter of Fiscal Year 2025 (FY25) for the re-compete of the ground transportation and guard services requirement for the ACC. This planned re-compete was due to a termination of a different task order originally intended to continue service following the expiration of the BPA. However, in late January 2025, as a result of the impact of Executive Order 14165 - Secure Borders, the number of illegal border crossings decreased sharply, and continues to decrease, prompting a need to fully reevaluate the requirements of the four USBP sectors associated with the re-compete, as well as incorporate the new administration’s policies and directives. Budget and funding decisions that have been made since the initial planning phase have, resulted in the Transportation Program’s loss of access to the Southwest Border Contingency Fund. This loss of access to funding has cut the program’s funding by almost 45%. These budget reductions require additional evaluations be performed on the recompete requirement. The purpose of the Transportation Program’s additional evaluations is to identify and preserve necessary services, while rightsizing the balance of services across the Southwest Border. The time expended to perform the additional, yet necessary, requirement analysis, has ultimately placed this requirement in flux and reduced the anticipated Procurement Acquisition Lead Time (PALT) for the recompete requirement.

Despite a decrease in border crossings along the SWB, some crossings still occur, and the need for Ground Transportation and Guard Services continue in reduced quantity. Consequently, a sole source task order is now needed to prevent a lapse in services that would have a significant negative effect on the CBP USBP. CBP relies heavily on its ground transportation contractor to provide for the safe and efficient movement of migrants at the SWB. A lapse in ground transportation and guard services would require hundreds of Agents to be removed from their mission critical duties to be reassigned to work on transporting and guarding migrants. CBP lacks the USBP personnel to be able to reassign to the ground transportation task order. Additionally, USBP does not have the Government vehicles or licensed operator/Agent resources necessary to safely and securely transport migrants, even at the lower apprehension numbers.

Market research performed for the re-compete requirement determined there are no immediately available alternate contractors that have the capacity nor the availability to provide all the required materials to perform the task order, including: vehicles properly outfitted with detention packages, camera systems and communication systems; and approximately 130 fully trained, armed, uniformed, CDL drivers across the four (4) sectors. A new long-term contract for these services will be awarded with a significant transition period allowing the new contractor to ramp up to full performance. Without this bridge contract, there will not be sufficient time to accomplish this transition successfully. Without previously cleared staff, a new contractor would be waiting a minimum of 30 days for background clearance, but more likely, significantly longer to obtain provisional clearances to begin service under a new contract. This type of delay would be unacceptable in the rapidly changing environment in which the USBP is currently operating in Arizona and California where migrant surges along the border may go up at any time. A contractor able to perform as needed is required.

The current contractor, ISS Action, Inc., is uniquely suited with its existing vehicles, manpower, and knowledge of the requirement to ensure there is no lapse in service until a new contract is in place and a transition can be properly executed.

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

It has been determined that issuing the proposed task order to ISS Action for Ground Transportation and Guard Services represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. This task order will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.” General Services Administration (GSA) schedule rates have already been negotiated and established as fair and reasonable. Further discounts to these GSA schedule rates will be requested in the solicitation.

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.

The market research conducted shows that, in the near term, no other contractor is capable of successfully staffing and providing the needed vehicles identified in the SOW. Several of the capable contractors on GSA Multiple Award Schedule 561612 are currently under contract with

Limited-Sources Justification (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Version 2.0 November 2020

CBP or other Government agencies and have very little capacity or available staff with clearances to begin transportation service immediately.

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.

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.

The primary transportation requirement for the Arizona/California Corridor is in progress and will be competed amongst GSA schedule contract-holders. This action is necessary to prevent a gap in services due to the re-compete.

9. CBP intends to post this requirement on the System for Award Management (SAM) pursuant to FAR 8.405-6(a)(2)(i)(B).

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

Limited-Sources Justification (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Version 2.0 November 2020 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): ________________________ Competitio

Signature: Date: _____________

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

Approved Disapproved

Name (Print):

Head of the

Signature:

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.