Sole Source for CAM Final for posting_Redacted.pdf

CISAM 3013.501(a) Sole Source Justification (SSJ)

Simplified Procedures for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (SAT) pursuant to FAR Subpart 13.5, including Brand Name Template

SSJ No: FY21-0163 Page 1 of 5 Rev: 09/22/2021

SSJ Number: FY21-0163 PR Num

Sole Source Justification

1. Agency and Contracting Activity. U.S. Citizenship and Immigration Services (USCIS), Office of Contracting, proposes to enter into a sole source modification using simplified acquisition procedures.

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

The original Award (70SBUR19P00000088) was a firm-fixed price sole source award which used simplified acquisition procedures. This modification action is being taken pursuant to FAR 13.501. USCIS originally award contract number 70SBUR19P00000088 to International Organization for Migration (IOM) under Sole Source Justification FY19-0249 which was modified under Sole Source Justification FY21-0010. USCIS is issuing this modification for Sole Source Justification due to the extension of the Central American Minors Program respectively called Phase One and Phase Two as outlined below.

The CAM joint refugee/parole program was established in 2014 to provide certain children in El Salvador, Guatemala, and Honduras the opportunity to be considered, while still in their home country, for refugee resettlement in the United States under the Department of State (DOS) and the Department of Homeland Security (DHS). Individuals who were determined to be ineligible for refugee status under the refugee portion of the program were then considered by USCIS for the possibility of entering the United States under the parole portion of the program. DOS entered into an arrangement with IOM to handle the case setup and processing in the administration of the refugee program. USCIS established a contract with IOM for assistance in processing of the parole cases. The parole portion of the CAM program was terminated in August 2017. When the parole portion of the CAM program was terminated, there were approximately 2,700 individuals who had been conditionally approved for parole, but who had not yet traveled to the U.S.

In order to comply with the March 1, 2019 preliminary injunction in S.A. et al v. Trump issued by the U.S. District Court for the Northern District of California, and subsequent April 12, 2019 Binding Memorandum of Agreement and Order (“settlement agreement”), USCIS began processing approximately the 2,700 parole cases previously conditionally approved using the previous CAM parole guidance and policy. There are approximately 813 cases remaining. In September 2019 USCIS and IOM established a new contract for assistance in processing of these cases subject to the settlement agreement.

On March 10, 2021, the DOS and DHS announced the reopening of the CAM program in two stages. The first stage began on March 15, 2021 and is focused on reopening cases that were closed without an interview (Phase One cases). On June 15, 2021, the U.S.

Government announced the second stage with information about who will be able to submit

CISAM 3013.501(a) -- Sole Source Justification (SSJ)

SSJ No: FY21-0163 Page 2 of 5 new CAM applications under expanded eligibility requirements (Phase Two cases). For all stages of the reopened CAM program, cases that are denied refugee status will be considered for parole under the CAM Parole program. Those who are referred for additional parole processing must coordinate their travel arrangements with IOM.

USCIS intends to modify 70SBUR19P00000088 which was issued to IOM, Washington, DC using Simplified Procedures without seeking competition for administrative support. IOM is the only intergovernmental organization that provides the type of services required to support the agency needs.

3. Description of Supplies/Services.

This procurement will require IOM to schedule beneficiary interviews and biometric appointments, coordinate medical exams, make travel arrangements, provide USCIS created travel documents for their parole into the U.S., and continue to notify a small number of beneficiaries of the continuation of the program. The program takes place in Tegucigalpa, Honduras, Guatemala City, Guatemala, and San Salvador, El Salvador.

This period of performance for this requirement is from September 24, 2021 to November 25, 2021.

The total value of this requirement is estimated at .

4. Identification of the authority. (Select from the options below and delete the non-applicable option)

41 U.S.C. 1901, using SAP for acquisitions greater than the simplified acquisition threshold but not exceeding the threshold at FAR 13.500(a) (currently $7.5 million) and implemented by FAR 13.501(a).

41 U.S.C. 1903, using SAP for acquisitions greater than the simplified acquisition threshold but not exceeding the threshold at FAR 13.500(c) (currently $15 million) and implemented by FAR 13.501(a).

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

The Department of State (DOS) and USCIS first operationalized the CAM parole program in FY 2015 under one administration, and it continued until another administration terminated the program in August of 2017. DOS has spent a significant amount of money to fund and implement the infrastructure for this program and has designated the International Organization for Migration (IOM) as the refugee Resettlement Support Center (RSC) service provider in the region where the program takes place; as such, IOM handles all case setup and administrative processing in the administration of the refugee program.

SSJ No: FY21-0163 Page 3 of 5

Importantly, IOM has already completed case setup and certain administrative processing for the beneficiaries who were conditionally approved for parole prior to the termination of the program, and for whom USCIS must complete parole processing immediately. The RSC portion of IOM is also processing new refugee cases from the reopened CAM program and will hold their case information. Based on historic approval rates a significant portion of the cases will later be referred for additional parole processing.

Given that IOM is the DOS-designated resettlement agent, and all beneficiary information is already in IOM’s possession, it is unreasonable to include a third organization to assist in facilitating this parole program. DOS has also set up the in-country facilities for these processes

– USCIS is only responsible for a proportional share of the use of those facilities and that share is less than what it would cost for USCIS to try to fund local construction in-country for its own facilities. Additionally, certain cases may contain a mix of family members eligible for refugee status and parole; those cases would need to be tracked and coordinated jointly by one organization.

USCIS must expeditiously continue to process the remaining approximate 813 beneficiaries in order to be in compliance with the March 1, 2019 preliminary injunction in S.A. et al v. Trump issued by the U.S. District Court for the Northern District of California as soon as possible. IOM has already interacted with these beneficiaries (prior to the program’s closure in FY 2017) and is the only vendor who could immediately start performing the tasks USCIS requires.

USCIS will also require IOM’s assistance to process cases from the reopened CAM refugee and parole program. Phase One cases include applicants on previously filed Affidavits of Relationship (AORs) that were not interviewed by USCIS. Phase Two cases will include new applications under expanded eligibility requirements. For these Phase One and Phase Two cases, IOM will again be responsible for the initial processing of the cases and will be in possession of all the applicant information through their existing agreement with DOS. They may also be called upon to process cross-referenced cases with mixed decisions to include applicants eligible for refugee status and parole. IOM already has the infrastructure and expertise to handle CAM cases.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

This justification will be made publicly available in accordance with FAR 13.501(a)(1)(iii) and FAR 6.305(a), within 14 days following 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(s) will be fair and reasonable based on FAR 13.106-3(a)(2)(ii), comparison of the proposed price with prices found reasonable on previous purchases and based on Award 70SBUR19P00000088.

SSJ No: FY21-0163 Page 4 of 5

Certified cost or pricing data is not required because this acquisition is below $750,000.

8. Description of market research.

Acquisition history, other government agency resources, the Ability One procurement list as well as DHS strategic sourcing vehicles and the general commercial market place were researched. It was found that there is no commercial marketplace for the provision of refugee related processing and adjudication services. This is managed by intergovernmental organizations only.

IOM is the only refugee resettlement support center service provider in the region where the program takes place; as such, IOM handles all case setup and administrative processing in the administration of the refugee program. There are no other entities or vendors, who are approved to perform this type of work, in this region.

9. Any other facts supporting the justification.

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.

The agency is not taking any additional action to remove or overcome any barriers to competition. As stated above, IOM is the only refugee resettlement support center service provider in the region. At this time, it is not reasonable for USCIS or DOS to approve another service provider and create the infrastructure for case processing.

12. USCIS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a).

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

Technical Representative/COR Date

14. Contracting Officer’s Certification and Approval. 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.

SSJ No: FY21-0163 Page 5 of 5

Contracting Officer Date

WILLIAM C

WILSON

Digitally signed by

WILLIAM C WILSON

Date: 2021.09.24 13:22:44 -04'00'