MOC_JOFOC_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 u.s.c. 3304

J&A-23-0084

U.S. Immigration and Customs Enforcement

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 Other Than Full and Open Competition and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to modify a contract on behalf of Enforcement and Removal Operations (ERO) Miami Field Office (MIA) on a basis of other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Type of action: Contract modification

(b) Amount of the current J&A:

(c) Brief Description: OAQ intends to procure, on a sole source basis, additional unarmed custody/escort and transportation services for migrants at the Migrant Operations Center (MOC) at the Naval Station Guantanamo Bay (NSGB) from the following vendor:

MVMinc

44620 Guilford Drive Suite 150

Ashburn, VA 20147

3. Description of Supplies/Services.

This requirement is to provide ERO MIA with an additional six ( 6) months of continued services for unarmed custody/escort and transportation support for migrants at the MOC . These services are required to maintain a safe and secure living environment for migrants temporarily housed at the

MOC.

Period Time

Base Award 1 November 2022 - 30 April 2023 6 months

Price

6Mos Ext J&A 1 May 2023 - 31 October 2023 6 months Surge Cost 1 May 2023 - 31 October 2023 6 months

Total 12 months

This J&A is requesting approval for the 6mos extension and surge that may occur during the extension period.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. §3304 as implemented by:

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41 u.s.c. 3304

U.S. Immigration and Customs Enforcement

FAR Subsection 6.302-1 : Only one responsible source and no other supplies or services will satisfy agency requirements.

D 6.302-2: Unusual and compelling urgency.

□ 6.302-3: Industrial mobilization; engineering, development, or research capability; or expert services.

□ 6.302-4: International agreement.

□ 6.302-5: Authorized or required by statute.

□ 6.302-6: National security.

□ 6.302-7: Public interest.

5. Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

DHS ICE ERO has a continued need for unarmed custody/escort and transportation services at the MOC at NSGB, Cuba. Contractor support is required to assist DHS and Department of State (DOS) in meeting their responsibilities for the safety, security and care of protected and non-protected migrants as mandated under Executive Order 13276.

OAQ intends to modify contract 70CDCR23C00000001, which was awarded October 31 , 2022 under FAR 6.302-2, unusual and compelling urgency as Government projections indicated an imminent mass migration from Haiti. There is still high probability this mass migration may occur.

Thus, the Government is primed to fully resolicit, evaluate, and award a new base plus four option years contract without further delay.

The Government began its re-solicitation efforts in FY22 but were halted to address critical physical and logistical complications identified at the NSGB site. As of today, the Government has identified solutions to the NSGB matters and also drafted a Performance Work Statement (PWS) to properly account for and manage all NSGB tasks going forward. The initial period of performance of 70CDCR23C00000001 was November 1, 2022-April 30, 2023. This J&A provides an additional six months of service, extending the period of performance to October 31, 2023 . The additional time requested remains within the FAR 6.302-2 requirement that no contract initially awarded under unusual and compelling extend beyond 12 months.

Without this critical modification, ICE will be unable to ensure continuity of operations and performance. The current vendor is uniquely positioned to sustain the continuity of support for the current MOC custody/escort and transportation services without resulting in an interruption of services. Due to the potential for migrant numbers to fluctuate at any given time, it is impractical to solicit, negotiate, award, and transition a contract award for six months. The time required for a new contractor to setup personnel and full operational control would result in an interruption in service and capabilities that could present significant mission impacts.

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41 u.s.c. 3304

U.S. Immigration and Customs Enforcement

Performance of the six months of continued support by MVM is in the Government's best interest as they are uniquely positioned to respond to this short-term extension immediately. MVM possesses a qualified, cleared, trained, and ready to perform workforce with the specific knowledge, skills, and experience necessary to continue with the MOC custody/escort and transportation services in accordance with the PWS. This is a clear benefit to the agency because the clearance process for onboarding employees can take more than sixty days, thereby delaying proper staffing for the MOC. MVM is the only contractor positioned to provide the required services in the most efficient and least disruptive manner through the needed transition, pending the new contract award.

Due to the critical nature of the ICE mission and the sensitive nature of the requirement, no other contractor would be able to perform the services required during the transition-out period leading up to a new award.

Accordingly, extending contract 70CDCR23C0000001 by the additional six months will allow the Government the time to award and, as necessary, transition the follow-on procurement. The continuation of the MOC services remain vital to the well-being and safety of the migrants without resulting in an interruption of services for the Government.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. This section should include the following information:

OAQ does not intend to publicize this requirement, prior to award, based on the exception at 5.202(a)(2), unusual and compelling urgency, which is exempt from FAR 5.201 publication.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be

Fair and Reasonable.

The Government relied on historical prices paid for same services which were previously determined to be fair and reasonable. The initial award of 70CDCR23C00000001 included a FFP CLIN for up to 20 migrants and a LH CLIN covering beds 21-120. The FFP CLIN was priced at month and the LH CLIN was priced at a rate of bed. These prices were determined to be fair and reasonable when the contract was awarded. The vendor is offering to provide services for the additional six-month under this J&A. There is additional surge cost for bed capacity above 120 up to 400; the rates of service for each CLIN will remain the same.

In addition to the period of performance, this J&A increases the possible quantity of beds available from 120 beds to 400 beds. This accounts for the significant increase in total price. However, the vendor is offering the increased quantity (beds 121 -400) at the same rate. All beds from 21-400 will only be invoiced on an 'as used' basis.

Proposed

Description Unit Proposed Current Rate for

% increase Quantity Rate Additional

Period

FFP: Migrant Services for 20 protected Migrants MO 6 0% LH: Per Bed Day Rate for Variable Population (21-120) EA 100 0% LH: Per Bed Day Rate for Variable Population (121-200)* EA 80 0% LH: Per Bed Day Rate for Variable Population (201 - 300)* EA 100 0% LH: Per Bed Day Rate for Variable Population (301 - 400)* EA 100 0%

Accordingly, the anticipated cost to the Government will be fair and reasonable due to pricing being previously determined fair and reasonable under 70CDCR23C00000001, a non-competitive acquisiton.

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8. Description of Market Research.

U.S. Immigration and Customs Enforcement

Market research efforts were conducted December 9, 2022, in support of the re-competition. A query of the Dynamic Small Business Search (DSBS) engine utilizing NAICS 561612 rendered over 350 potential contractors capable of providing the request services for follow-on effort. Additionally, a Request for Information (RFI) was released via SAM.gov. Responses were received from 11 vendors, thereby demonstrating that adequate competition exists for the follow-on MOC five-year effort.

While multiple firms can provide custody/escort and transport services, MVM is the only one with existing cleared personnel with the requisite training that can provide services to this austere location without an interruption of service.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

A new solicitation for the additional six months of the interim contract would not be practicable since there is already a recompete acquisition in process. Failure to extend services would cause a gap in service which would cause the MOC to close, causing serious harm to the Government. Additionally, closure of the MOC will require relocation of the existing population to facilities in the Continental United States (CONUS), which are currently at capacity, while also requiring that the Government find additional space for rescued Haitian migrants that would otherwise be housed at the MOC.

Therefore, to bring on a new contractor at this time may result in a gap in service and failure to complye with EO 13276. MVM is the only contractor capable to perform all the essential aspects of the MOC mission in the allotted time at reasonable costs to the Government.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

No sources, other than MVM, Inc, have expressed interest in this interim requirement.

11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

As ICE intends to competitively award the MOC five-year follow contract, there are no barriers to competition known or anticipated for the subsequent acquisition.

181 After award of this action, DHS intends to post the approved/signed justification pursuant to 6.305.

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12. Contracting Officer's Certification.

U.S. Immigration and Customs Enforcement

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

COREY A

§QltmFea~u Contracting Officer

Digitally signed by COREY

A SOILEAU

Date: 2023.04.27 09:09:1 O -04'00' -D-a-te ______ _

13. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government's minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Digitally signed by ERIC S

ERIC s WISHNER WISHNER Date: 2023.04.27 09:14:25 -04'00'

Eric Wishner Date Technical Representative

14. Approval.

Digitally signed by HOPE E

HOPE E SANDERS SANDERS

Date: 2023.04.28 10:45:30 -04'00'

Elease Sanders ______________ Date Competition Advocate

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