LSJ Medical Services Bridge II-Hybrid Final-Sig_11272023_Redacted.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: November 17, 2023 PR Number: 20142605

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.

Agency and Contracting Activity.

The Department of The Department of Homeland Security (DHS), United States Customs and

Border Protection (CBP), Office of Acquisition.

Nature and/or description of the action being approved.

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 task order based on only one source is capable of providing the supplies or services required at t e level of quality required because the supplies or services are unique or highly specialized. The award will fall under the Veterans Affairs (VA) Federal Supply Schedule 621I to the incumbent contractor, Loyal Source Government Services (Loyal Source) at 12612 Challenger Parkway, Suite 365, Orlando, FL 32826.

Description of Supplies/Services.

CBP requires healthcare practitioners to work out of Medical Priority Facilities (MPFs), Office of Field Operations (OFO) Ports of Entry (POEs), and potentially other forward deployed locations to address medical and public health concerns for individuals in CBP custody.

In response to the humanitarian situation, CBP has established enhanced medical provisions for individuals in custody at the Southwest border crossings and OFO POEs. Contracted medical personnel deliver medical support at over 80 locations. In addition, they provide health screenings to individuals in CBP’s custody, unaccompanied children, family units, and to the public.

Efforts include, but are not limited to:

• Maintain 24/7/365 hours of operation at most locations.

• Provide supervisory physician oversight, patient safety risk monitoring, total and medical quality management, and regional pediatric advisory services.

• Ensure 100% health intake interviews of children under the age of (17) seventeen.

• Document medical assessments for all individuals in custody.

• Provide follow-up care after referral to a local health system and/or hospitalization.

• Public Health/Infectious Disease support – CBP contracted medical personnel shall provide support to ensure early identification, treatment, isolation, appropriate

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

Version 2.0 November 2020 referrals, infection control, and public health support for infectious diseases in CBP facilities.

Conducting exit Health Interviews – for class members who receive medical treatment in CBP custody, as appropriate, to ensure persons in custody are fit for travel or transfer.

Estimated Value:

Period of Performance: Base Period is one month, plus an additional 11 one-month Options (November 30, 2023, through November 29, 2024)

Base:

Option One:

Option Two:

Option Three:

Option Four:

Option Five:

Option Six:

Option Seven:

Option Eight:

Option Nine:

Option Ten:

Option Eleven:

Vaccine Services: (Optional Task Category 6 in SOW) POC Testing: (Optional Task Category 7 in SOW)

Total:

* Due to ongoing protests, the pending Continuing Resolution for FY 2024, the Contracting Officer has determined it in the best interest of the Agency to award a task order with a base period and all option periods using one-month increments for a period of 12 months

. In addition, due to the uncertain time frame needed to adjudicate the numerous protests a 1-year in anticipation of the new a the best interest of the Government.

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.

This acquisition is being conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), in accordance with FAR 8.405-6(a) and FAR 8.405-6(c), Limiting Sources.

Version 2.0 November 2020

Limited-Sources Justification (LSJ) - FAR 8.405-6

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

As a critical part of its mission, CBP must continuously provide medical care services at various border and POE locations to protect the health of individuals in CBP’s custody seeking asylum as well as the officers interacting with migrant populations. Depending on the operational tempo, the place of performance may be modified to meet the immediate mission need. Possible expansion locations are at the discretion of the Government. The contractor shall also be capable of expanding to other geographical locations within the United States, including areas along the Northern Border or U.S. Airports.

CBP is actively solicitating for the recompete of these services. This sole source award is necessary while the government moves forward to complete the active solicitation process and to adjudicate the Agency’s open protest filings for the September 28, 2022, award, for these services. These protests have not yet been resolved. Due to numerous protest filings, and pending GAO decision on the current protests, CBP must complete a sole source action to prevent a break in mission critical services. This will ensure CBP is able to provide medical screening to individuals in its custody as ordered by the US Courts and Congressionally mandated requirements. If the next is awarded to a new contractor, CBP must maintain these critical services during the necessary transition period.

For the reasons described herein, this action is required to preserve the life, safety, and health of immigrants, agents, officers, and the general public by continuing to provide medical services for the humanitarian initiative at border crossings and ports of entry until the recompete can be awarded. With a medical personnel shortage and the lack of qualified medical professionals at the US Border and remote locations in the region, Loyal Source is the only contractor that can provide these services in the near term. Loyal Source currently staffs a CBP task order with 1500+ background-cleared medical personnel. Loyal Source has created a staffing model to recruit, hire, and maintain staff in remote and austere areas. As the current contractor on this effort, Loyal Source has the cleared personnel in place to fulfill continued requirements immediately.

Loyal Source is uniquely qualified to provide the required services until the follow-on procurement is awarded. As the incumbent contractor, Loyal Source possesses the expertise and understanding of the requirements as well as the immediate capability and capacity to

Version 2.0 November 2020

Limited-Sources Justification (LSJ) - FAR 8.405-6

For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT) perform the required services. Without the background-cleared personnel, training, and experience that Loyal Source staff have, another contractor would not be able to implement the immediate medical requirements of OCMO as required by DHS and CBP medical directives.

A new contractor would need to be educated on the CBP medical protocols, medical directives, medical quality management standards and methodologies performed to date, and there could be a minimum of 120 days of lost productivity and service gaps due to the CBP background process. The market research shows that no other contractor is immediately capable of successfully performing to the magnitude required; given the large staffing requirements nationwide, remote staffing challenges, diverse nature of the effort, the lengthy CBP BI process, and the unique skill set required for services along the SWB to deal with migrant issues.

To transition to a new contractor would result in a significant loss of medical coverage for this initiative. For the reasons described above, CBP intends to award a sole source hybrid time and material with firm fixed price elements pursuant to FAR 8.405-6(a)(1)(i) (B) to continue services until the new can be awarded. Additionally, CBP cannot enter into a new competitive award until the current protests are resolved. As such, and given the immediate need for continued services, only the incumbent can continue to provide these services until GAO issues a decision on this matter.

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

A fair and reasonable price determination will be made by comparing the quoted labor rates to the VA Schedule rates and the IGCE. The Contracting Officer will also seek additional discounts when requesting the quote. The Contracting Office will use current and historical pricing data from other tasker orders (70B03C18F00000390, 70B03C20F00001383, and 70B03C23F00000272) to compare quoted rates to ensure pricing is reasonable. Lastly, the price schedule within the task order cannot exceed the prices in the VA FSS Contract 36F79722D0185, which were deemed fair and reasonable by a VA Contracting Officer at the time the VA FSS Contract was awarded.

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 in September 2023 showed that no other contractor is capable of successfully staffing the work identified in the SOW in the near term to meet the immediate needs of CBP. This is due to the time it takes the contractor to recruit staff, train, and obtain a CBP BI. Further, CBP is in the process of awarding a recompete for this effort but cannot do so until the pending GAO protests are resolved.

Any other facts supporting the limited-sources justification.

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

Version 2.0 November 2020

Not Applicable.

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.

The Agency concluded a competitive award on September 28, 2022, and it has remained in a protest status since the award. This action is necessary to prevent a gap in services due to those ongoing protests matters.

CBP intends to post this requirement on Sam.Gov pursuant to FAR 8.405-6(a)(2)(i)(B)(1).

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.

11/17/23