Operation Homecoming - JA_FY25-00127_redacted.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Office of the Chief Procurement Officer Version 3.2

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(7)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 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), Office of Procurement Operations (OPO), on behalf of the DHS Office of Strategy, Policy, and Plans, proposes to enter into a contract on a basis other than full and open competition.

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

This action will establish, on a sole source basis, contractor support services to facilitate the voluntary repatriation of illegal aliens currently residing in the United States to their home countries. Specifically, the anticipated award shall be made to a Small Business Administration (SBA) certified Women Owned Small Business (WOSB):

Harmonic Solutions, 1811 Macarthur Drive, McLean, Virginia, 22101-5334

A single award shall be made on a firm fixed-price basis, with an estimated performance period of April 25, 2025 through May 7, 2025, and estimated total value of $430,000.00. No option periods are being considered at this time. The anticipated award shall be fully funded utilizing FY2025 funds. The solicitation number is 70RDAD125R00000005.

3. Description of Supplies/Services.

The purpose of this requirement is to obtain all services required to assist and facilitate the voluntary repatriation of illegal aliens residing in the United States to return to their home countries. Illegal alien participants in this program voluntarily notified the United States Government of their expressed interest to return to their home countries through their use of the DHS Customs and Border Protection’s “CBP Home” mobile application.

The anticipated award shall include commercial screening services for outreach, validation and planning. Additionally, the anticipated award will include commercial staging services to provide hotel lodging for the voluntary repatriation participants, and ground transportation

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition services. Prior noted in-scope commercial services shall be provided in direct support of this Operation Homecoming Mexico and Colombia repatriation program.

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

The statutory authority permitting other than full and open competition is "Unusual and Compelling Urgency", 41 U.S.C. § 3304(a)(2 ), (“the executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals (see also 48 C.F.R. § 6.302-2)).

The immediate action supported by this authority is in response to a national emergency declaration.

5. Identification of Exception to the Buy American Statute

Not applicable.

6. Demonstration that the nature of the acquisition requires use of the authority cited.

On January 20, 2025, the President of the Unites States declared a national emergency at the Southern border of the U.S. to stop the illegal entry of aliens. To aid in responding to this emergency, DHS requires an immediate solution to assist illegal aliens residing within the U.S. and its territories to leave immediately, and to discourage illegal immigration into the country. The services procured under this action will establish the means to facilitate the repatriation of illegal aliens residing in the United States to voluntarily return to their home countries.

Harmonic Solutions is uniquely qualified to perform in-scope requirements supporting the subject Operation Homecoming Mexico and Colombia voluntary repatriation program.

Harmonic Solutions has demonstrated highly relevant experience providing screening services for outreach, validation and planning, staging services, and ground transportation services.

Further, Operation Homecoming Mexico and Colombia includes an expedited award and performance schedule as reflected in the estimated performance period reflected above, April 25, 2025 through May 7, 2025. Highly relevant experience represented by SBA certified WOSB Harmonic Solutions will ensure no time is lost during initial Operation Homecoming commencement or throughout its 12-day performance period. This is absolutely critical for successful execution, where key project milestones throughout the 12-day performance period cannot be moved or adjusted and in doing so would significantly impact critical screening, staging, and/or transportation services. Not only would Operation Homecoming success be jeopardized, schedule impacts would result in additional costs.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

Operation Homecoming Mexico and Colombia requirements were solicited in accordance with FAR 8.4 procedures against General Services Administration (GSA) Multiple Award Schedule (MAS) 541614, Deployment, Distribution, and Transportation Logistics Services. No quotation responses were received at the date and time established within the aforementioned GSA MAS 541614 solicitation.

Where in the future, similar requirements to those represented within Operation Homecoming Mexico and Colombia are being considered, further market research shall be conducted to include potential SAM.gov publication.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on commercially available pricelists publicly posted. For example, similar services as represented within GSA MAS 541614 and in part Federal Travel Regulations, which will directly assist the contracting officer in making a determination that the anticipated cost is fair and reasonable.

9. Description of Market Research.

Market research efforts were recently conducted in April 2025, supporting Operation Homecoming Mexico and Colombia voluntary repatriation requirements. This included reviewing Government-wide vehicles, as referenced above GSA MAS 541614, engaging representatives from other agencies who have contracted for similar services, and in reviewing publicly available information, such as relevant Federal Travel Regulations. Market research efforts ensured the contracting officer could confidently state Operation Homecoming requirements are commercial and that adequate information is publicly available to analyze anticipated costs and to make a fair and reasonable determination.

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

As represented above, anticipated awardee Harmonic Solutions is an SBA certified WOSB as publicly represented within their active SAM.gov account. Their unique capability will ensure requirements of Unusual and Compelling Urgency represented within this justification will be successfully executed within the highly expedited schedule.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

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

As represented above, initially a solicitation was issued against GSA MAS 541614 in accordance with FAR 8.4, including several vendors based on market research conducted. DHS/OPO engaged those referenced vendors, through e-mail, phone, and available, virtual pre-quotation industry event.

12. 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.

Where in the future, similar requirements to those represented within Operation Homecoming Mexico and Colombia are being considered, further market research shall be conducted to include potential SAM.gov publication to assist in removing and/or overcoming any barriers to competition. This sole source award will meet this immediate and urgent need in response to the emergency declaration.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

13. Contracting Officer’s Certification. 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.

Contracting Officer Date

14. 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.

Technical Representative

APPROVAL:

Date

Contracting Officer Date