P00019 JA.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-23-009

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 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 based on 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 enter a contract modification on behalf of Enforcement and Removal Operations (ERO) Miami Area of Responsibility (MIA AOR) 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: $4,676,420.78

(c) Brief Description: OAQ intends to modify the current contract to extend the period of performance by a period of six months with option for an additional six months.

M V M, Inc.

44620 Guilford Dr Ste 150 Ashburn, VA 20147-6063

3. Description of Supplies/Services.

M V M, Inc. provides ERO MIA with immigration and detention services at locations within Puerto Rico. This justification will add additional periods to the current contract, extending the contract by six months with an option for six additional months, at a total cost of $4,676,420.78.

Period Time Total

Base Period 12 mos. $3,932,819.08 Option Period 1 12 mos. $3,825,324.47 Option Period 2 12 mos. $4,049,060.80 Option Period 3 12 mos. $4,119,939.92 Option Period 4 12 mos. $4,497,957.08 52.217-8 Option Period 6 mos. $2,248,978.54 Current J&A 12 mos.* $4,676,420.78

Totals 78 mos. $27,350,500.67 *Six-month period with option for additional six months for a total of 12 months.

4. Identification of statutory authority permitting other than full and open competition.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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

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

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

Contract HSCEDM-17-D-00012 is set to expire on January 31, 2023. The procurement team posted a solicitation for this requirement to sam.gov in early-August 2022 and indicated that the requirement was set aside for small businesses. While market research indicated that there were multiple small businesses interested in the work, the solicitation received no final proposals. This solicitation was subsequently canceled and re-posted in late-September 2022 as a full and open competition with no small business set aside. Final proposals are expected to be received in January 2023. Once received, it is an estimated six months until award can be made and full performance under the new contract is achieved. This six-month period includes three months to evaluate all proposals and make award, as well as a mandatory 90-day transition period. This Justification and Approval provides this six-month extension as well as an additional six-month option period to be exercised in the event of any unforeseen delays that may result from the solicitation, award, protest, or transition of service.

In accordance with FAR 6.302-1, the extension of services is required because the incumbent vendor is the only responsible source, and no other services will satisfy agency requirements.

M V M, Inc., as the incumbent, is the only vendor that could provide services during this extended period because the staff and knowledge of the requirement is already in place with no time for a new transition. Delays in onboarding contractor personnel for employment under government contracts is now measured in months, not days, and it is not possible for another vendor to be able to provide service and personnel for this six-month period without their own 90-day transition period. Additionally, it is highly unlikely that a new competition specifically for the purposes of providing service during this six-month period would introduce a new vendor. Since the current solicitation was posted as full and open with no small business set aside, any vendor interested in proposing on this requirement should already be in consideration for award. Issuing a new solicitation specifically for the six-month extension would be illogical and would only cause further delays and complications.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

☒ OAQ intends to publicize this requirement, prior to award, as required by subpart 5.2 by posting a notice on sam.gov on or before January 31, 2023.

7. 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 a comparison of proposed prices to historical prices paid (FAR 15.404-1(b)(2)(ii)).

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

A breakdown of current rates being paid under the current contract compared to rates proposed by the vendor for the additional option periods is shown below:

CLIN Description Unit Proposed Quantity Unit Current

Rate

Proposed Rate for Additional

Period*

Comparison to Current

Rate $ Increase

X001 Armed Guard Services Aguadilla MO 6 MO $66,732.58 $66,732.58 0.00% $0.00

X002 Unarmed Guard Services LMMIA MO 6 MO $46,917.76 $46,917.76 0.00% $0.00

X003 Detention Bed Days San Juan (0-10) DA 1825 DA $633.71 $633.71 0.00% $0.00

X004 Detention Bed Days San Juan (11-20) DA 1825 DA $20.45 $20.96 2.49% $930.75

X005 Detention Bed Days San Juan (21-30) DA 1825 DA $20.45 $20.96 2.49% $930.75

X006 Detainee Breakfast EA 1825 EA $4.54 $4.65 2.42% $200.75 X007 Detainee Lunch EA 1825 EA $5.68 $5.82 2.46% $255.50 X008 Detainee Dinner EA 1825 EA $6.82 $6.99 2.49% $310.25 X009 Detainee Snacks EA 1825 EA $3.41 $3.50 2.64% $164.25 X010 Detainee Temporary

Housing DA 5 DA $181.78 $186.32 2.50% $22.70

X011 Transportation Guard Service HR 10,000 HR $38.02 $38.02 0.00% $0.00

X012 Transportation Miles DH 10,000 DH $0.38 $0.39 2.63% $100.00 Total Increase $2,914.95

*Proposed Unit Price for the initial six-month period and the six-month Option Period are the same

The chart above shows proposed rates are either the same or less than 3% greater than rates that are current being paid under contract HSCEDM-17-D-00012. The chart above shows that, while many CLINs are increased by 2-3%, these CLINs not only make up only a small portion of the total but are either Labor Hour or Time and Materials CLINs and therefore are only invoiced on an ‘as used’ basis with prior approval from the Contracting Officer’s Representative. The CLINs that are not being increased make up a significant majority of the services received under the contract. Applying the proposed quantities to the current rates and the proposed rates allows for a comparison of total price for six months of service under each set of rates (what the government has paid compared to what the government can expect to pay). This comparison shows that the government should expect a total increase of $2,914.95 over the entire six-month period. The vendor has proposed no escalation for the additional six-month option period so rates for that period will remain the same, should the option be exercised.

HSCEDM-17-D-00012 was solicited and competitively awarded in 2017 and the rates and total price included in that contract are the result of adequate price competition. The rates and total price of the contract, including the rates the government is current paying under Option Period 4 of HSCEDM-17-D-00012, were evaluated and determined to be fair and reasonable at the time of award. The rates proposed for the additional six-month period are either the same or are less than 3% greater than those under HSCEDM-17-D-00012. Therefore, the

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304 contracting officer determines that the anticipated price(s) will be fair and reasonable based on a comparison of proposed prices to historical prices paid (FAR 15.404-1(b)(2)(ii)).

8. Description of market research.

Market research was conducted prior to the issuance of the August 2022 solicitation in the form of a Request for Information (RFI) posted to sam.gov. Four small businesses and one large business responded to the RFI. However, none of these vendors submitted proposals to the August 2022 solicitation. Additional discussion with potential vendors revealed that specific language within the solicitation was seen as restrictive or would likely prohibit some vendors from being eligible for award. The lack of proposals and subsequent cancellation of the August 2022 solicitation acted as additional market research which the procurement team utilized in amending and re-issuing the solicitation in September 2022 as ‘full and open’ competition with no set aside.

9. Any other facts supporting the use of other than full and open competition.

None.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

None.

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.

Once the solicitation is complete and new award is made, ICE’s requirement for immigration detention and transportation services within Puerto Rico will be assumed by the new contract, which will eliminate the need for any subsequent sole source acquisition to this vendor.

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

12. 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.

Corey Soileau Date Contracting Officer

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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.

Camilo Cuellar Date Technical Representative/COR

15. Approval.

Elease Sanders Date Competition Advocate

12/12/2022