OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (a): USE OF NONCOMPETITIVE PROCEDURES

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1J&A-26-0192

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-112) and in accordance with the requirements of RFO 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 6.104-1 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Acquisition Management, proposes to enter into a contract on behalf of the Office of Asset and Facilities Management (OAFM) on a basis of other than full and open competition.

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

(a) DHS ICE intends to procure, on a sole source basis, 366 parking spaces at the Potomac

Center South (PCS) underground parking garage.

(b) Name and address of the Contractor:

Potomac Center CF, LLC 550 12th Street SW Washington, DC 20024

(c) Contract Type: Firm Fixed Price

Period Time Price Total

Base 3.5 mos. $ $

The products and services being procured for the PCS Parking Garage under the justification have not been previously awarded.

(e) Type of funding: Operations and Support (O&S) Funds

(f) Year of funding: Fiscal Year 2026

1 If applicable, the Acquisition Plan ( AP) must be finalized and signed prior to submitting the Justification to OCPO.

2 FAR Class Deviation 25-11 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS RFO Deviations therefore are referred as RFO.

(d) Estimated Total Value (including options).

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(g) Solicitation Number: N/A, solicited via informal Request for Quote to one vendor

(h) Background information about the requirement:

The Office of Asset and Facilities Management (OAFM) intends to secure 366 parking spaces in the Potomac Center South (PCS) underground parking garage located at 550 12th Street, SW Washington, DC, 20024. The vendor listed below is the only company that can provide the required services for a seamless and efficient transition to the new awardee.

3. Description of Supplies/Services.

This requirement is to provide 366 indoor parking spaces for ICE Headquarters Government- Owned Vehicles (GOVs) at ICE Headquarters. These spaces are required for overflow capacity and are required to ensure availability of parking spaces in the ICE HQ parking garage to support the surge in Reasonable Accommodation requests and other authorized personnel parking due to the Executive Order, Return to In-Person Work.

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:

RFO 6.103-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

RFO 6.103-2: Unusual and compelling urgency.

RFO 6.103-3: Industrial mobilization; engineering, development, or research capability; or expert services.

RFO 6.103-4: International agreement.

RFO 6.103-5: Authorized or required by statute.

RFO 6.103-6: National security.

RFO 6.103-7: Public interest.

5. Identification of Exception to the Buy American Statute

N/A.

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

ICE is now the lead tenant at the Potomac Center South (PCS) office building, located at 550 12th Street, SW, Washington, DC 20024. Securing parking spaces in the PCS underground garage is essential to support ICE Headquarters operations, particularly in compliance with the Executive Order mandating a return to in-person work. These spaces will alleviate parking congestion at ICE Headquarters’ Potomac Center North (PCN) garage, which has seen increased demand due to higher government vehicle (GOV) purchases and a rise in reasonable accommodation requests.

Additionally, ICE faces heightened public scrutiny and an elevated threat environment, including frequent protests around PCN. The PCS garage provides critical emergency access and egress for ICE HQ employees during extreme protest events or building lockdowns. Its connecting door, which has been modified for secure entry and exit, ensures staff safety and operational continuity in emergency situations. The other alternative locations lack the ability to restrict access, ensure staff safety, and provide rapid response capabilities.

Potomac Center CF, LLC/PCS parking garage is uniquely qualified to fulfill ICE’s requirement for secure, on-site parking due to exclusive control over the PCS garage and its direct, secure connection to ICE Headquarters. The PCS garage has undergone specialized security modifications, including restricted access points and emergency egress routes, specifically designed to address ICE’s heightened threat environment and frequent protest activity.

7. Rationale for using the authority cited in section 4 of the J&A.

The PCS parking facility can provide secure, on-site parking spaces with direct, controlled access to ICE Headquarters that are required for both daily operations and emergency situations. The PCS garage has unique security modifications and a direct connection to ICE HQ, which are essential for staff safety, emergency access, and compliance with federal mandates. Other parking options either lack these critical security and access features, are unavailable due to renovations, or do not meet operational requirements. As a result, competition is not feasible, and only the PCS can fulfill all of ICE’s needs.

ICE considered using other commercial parking facilities surrounding PCN. However, these alternatives were unavailable due to construction and/or did not provide the necessary security, emergency access, or direct connection to ICE Headquarters required for staff safety and operational continuity.

The requirement for parking services includes several critical security and operational features. The facility must provide controlled access for government vehicles, ensuring ICE personnel can enter and exit at any time, including during emergencies. It must have enhanced security measures, such as restricted entry points, surveillance, and alignment

Page - 4 - of 5 with ICE security protocols to protect government vehicles and staff. The garage must support rapid emergency access and egress for ICE personnel during protest events, building lockdowns, or other security incidents, and it must include a secure, direct physical connection to ICE Headquarters so staff can move between the garage and office space without exposure to external threats. The facility must also be in immediate proximity to ICE HQ to support operational efficiency and safety. These requirements are essential to ICE’s mission and continuity of operations, and only Potomac Center CF, LLC meets all of the criteria, making it the sole viable source for this procurement.

Consequences if Parking Spaces Are Not Procured:

If these parking spaces are not secured, ICE Headquarters will experience significant operational challenges:

Security Risks: Without emergency access via the PCS garage, ICE staff and GOVs may be exposed to greater risks during protests or lockdowns, compromising their safety and the agency’s ability to maintain essential operations.

Operational Disruption: Lack of secure parking and emergency egress could hinder ICE’s ability to respond effectively to threats or emergencies, affecting mission continuity.

Securing PCS parking spaces is therefore critical for ICE HQ’s operational effectiveness, employee safety, and compliance with federal mandates. No alternative parking solution that was surveyed is available that meets these requirements.

(a) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

N/A

ICE requires secure, on-site parking spaces in the PCS underground garage with direct, controlled access to ICE Headquarters. The spaces must support emergency entry and exit during protest events or building lockdowns and accommodate increased government vehicle use and reasonable accommodation needs.

PCS parking garage is owned by Potomac Center CF, LLC and is the only location that offers secure, on-site parking with a direct connection to ICE Headquarters. This garage has unique security modifications and a secure connecting door to ICE HQ, which are essential for emergency access, and operational continuity during protest events or building lockdowns.

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Colonial Parking has available spaces but they do not meet the unique security or access requirements . The two nearby SP Plus Parking locations are under renovation and do not meet the direct access requirement.

Potomac Center CF, LLC (the PCS garage) is the only source able to provide secure, on-site parking with direct, controlled access to ICE Headquarters. The PCS garage has unique security modifications and a direct connection to the ICE facility, supporting emergency access and egress during protest events or building lockdowns.

If ICE cannot secure these PCS garage spaces, staff safety and operational continuity will be at risk due to lack of secure emergency access and increased congestion at the PCN garage. Alternative options do not meet security or access requirements, which could delay emergency response, disrupt headquarters operations, and compromise compliance with the Executive Order mandating in-person work.

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

(a) If an announcement has already been made in SAM.gov, provide the date of publication;

or

(b) If an announcement is being planned for posting in SAM.gov, provide the estimated date of publication; or

(c) If an announcement will not be published, identify the applicable exception under FAR Part 5.

FAR 5.202(5) The proposed action is for parking services and the selected vendor is the only viable source available.

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 market research, prior acquisition history and a comparison of proposed pricing with rates on current contracts for similar services (i.e. 70CMSW24C00000009).

9. Description of Market Research.

OAFM conducted a market research survey on February 24, 2026, to determine the availability of 50 indoor, unreserved parking spaces with 24/7 access. Four parking facilities within a 0.1 mile (2-block) radius of ICE HQ were contacted by telephone. The survey found that while both SP+ Parking locations could accommodate the requirement, they are currently under construction and unavailable. Colonial Parking can only provide 50 spaces