Single Source Justification - Phone Services Orange County Correctional Facility.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-22-00305

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

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 into a contract on behalf of Enforcement and Removal Operations (ERO), New York Field Office on a basis of other than full and open competition.

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

(a) Type of action: Firm-fixed price purchase order.

(b) Amount the current J&A is justifying: $1,654,139.75

(c) Brief Description: OAQ intends to procure, on a sole source basis, pro bono telephone calling services for detainees held in ICE custody at Orange County Correctional Facility, Goshen, New York using simplified acquisition procedures. This action is being taken pursuant to the authority of FAR 13.501. The vendor listed below is the only company that can provide the required services at Orange County Correctional Facility, Goshen New York:

Global Tel-Link Corporation DBA ViaPath Technologies 3120 Fairview Pk DR STE 300 Falls Church, Virginia 22042-4571

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

This requirement is to provide each detainee held in ICE Custody at Orange County Correctional Facility, Goshen, New York a maximum of 520 minutes of free telephone calls every month at an estimated total price of $1,654,139.75. These services are required to meet ICE Performance-Based National Detention Standards 2011 with 2016 revisions. ICE Performance-Based National Detention Standards 2011 with 2016 revisions require that noncitizens held under ICE custody be able to make free calls to legal service providers for the purpose of obtaining initial legal representation, to consular officials, to the DHS Office of the Inspector General, and to the ICE Office of Professional Responsibility Joint Intake Center. The table below provides a summary of the estimated total price:

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

Period Time Price Total Base 12 mos. $330,827.95 $330,827.95 Option Year 1 12 mos. $330,827.95 $330,827.95 Option Year 2 12 mos. $330,827.95 $330,827.95 Option Year 3 12 mos. $330,827.95 $330,827.95 Option Year 4 12 mos. $330,827.95 $330,827.95

Total $1,654,139.75

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 as implemented by FAR 13.501.

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

ICE currently has an Inter-Governmental Service Agreement (DROIGSA-08-0026) with Orange County Correctional Facility, Goshen, New York to provide ongoing detention services and care of persons detained under the authority of ICE. ViaPath Technologies is currently under contract with Orange County Correctional Facility, Goshen, New York to exclusively provide telephone services through 11/14/2025. ICE must procure the required telephone services for ICE detainees /housed at this facility from ViaPath Technologies in order to comply with ICE Performance/-Based National Detention Standards 2011 with 2016 revisions. ViaPath Technologies is the only responsible source and no other supplies or services will satisfy the agency requirement. If this justification is not approved, and consequently the phone services are not provided, ICE will not be compliant with its own Performance-Based National Detention Standards and detainees will be unable to contact critical administrative services.

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

OAQ intends to make this justification publicly available pursuant to FAR 6.305 on sam.gov within 14 days after contract award.

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 will be fair and reasonable based on a comparison of proposed price to commercial pricelists as well as historical prices paid, whether by the Government or other than the Government, for the same or similar items.

8. Description of market research.

Market research was conducted collaboratively between the Program Office and OAQ.