LSJ_ YUMA SSF 3-31-23.pdf

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

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

Version 1.0 March 2023

Date: __ April 3, 2023__ PR Number: _____20133983_____

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.

Through this Limited-Sources Justification, the U.S. Department of Homeland Security (DHS), United States Customs and Border Protection (CBP), Office of Acquisition, proposes to modify Task Order number 70B01C22F00000711 pursuant to FAR 8.405-6(a), Limiting Sources, to expand the size of the existing soft sided facility in Yuma, Arizona.

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

CBP intends to modify Task Order 70B01C22F00000711 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.

The requirement is to provide CBP, with services to include all requirement 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 the full wrap around services. Task Order 70B01C22F00000711 was awarded on September 4, 2022, and issued under BPA 70B01C21A00000002. The task order has ten remaining option periods, with an ultimate expiration date of March 2, 2024. The task order modification will increase the value from $186,200,071.51 by $74,901,607.50 to $261,101,679.01.

4. Authority and supporting rationale.

FAR 8.405-6(a)(1)(i)(B) -- Only one source can provide the supplies and 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).

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 a soft-sided facilities with wrap-around services in Yuma, AZ. At this time, the Yuma facility needs to be expanded to increase the holding capacity space from 875 to 1375 persons. To support the expansion and expand the capacity of the Yuma soft-sided facility, the anticipated task order value will need to be increased from $186,200,071.51 by $74,901,607.50 to $261,101,679.01.

http://uscode.house.gov/

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

Version 1.0 March 2023

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 facility exists was strategically chosen to take advantage of the ongoing operations in the Yuma 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) for the Yuma 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 task orders for facility management and wrap-around services at the Yuma site locations. It would cause unacceptable delays and be cost prohibitive to take down the existing facility managed by Deployed Resources, and then put up a new temporary facility, whether from Deployed Resources or from another vendor. Deployed Resources is the only company capable of supporting the immediate expansion of the facility they currently manage and wrap-around services at this location to meet the mission needs of CBP.

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

The contracting officer has determined that modifying task order 70B01C22F00000711 to expand the 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 expansion 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.

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

Version 1.0 March 2023

6. A description of the market research conducted among service providers 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.

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.

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

9. CBP intends to post this requirement on WWW.FBO.GOV pursuant to FAR 8.405-6(a)(2)(i)(B).

http://www.fbo.gov/

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

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

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:

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

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: ___________________________ Date: _____________

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

Approved Disapproved

Name (Print): _______________________ Head of the Contracting Activity

Signature: __________________________ Date: _____________

04/03/2023

04/03/2023

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