SSJ Exceeding SAT - RFO Subpart 8.4.signed final_Redacted.pdf

Attachment 2

U.S. Customs and Border Protection

Sole Source Justification (SSJ) - RFO Subpart 8.4 and GSAR 538.7104-3

For Orders or BPAs Exceeding the SAT

March 2026 ate: 04/08/2026 PR Number: 20149600

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C.

152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.1

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Customs and Border Protection (CBP), Office of Acquisition (OA), intents to extend a sole source task order against the Veterans Affairs

(VA) Federal Supply Schedule 621-I, Professional & Allied Healthcare Staffing Services, and intends to proceed with this action in accordance with Government Services Acquisition

Manual/Regulation (GSAR) 538.7104-3, Sole Source Justifications, and HSAM 3008.401-71, Sole source justifications

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

CBP intends to place an order on a sole source basis pursuant to GSAR 538.7104-3(b)(ii) for medical screening services with proposed contractor: Loyal Source Government Services, LLC

(Loyal Source), 12612 Challenger Parkway, Suite 365, Orlando, FL 32826. The price breakout is below:

Period Duration Total

Option Period 10 3 months $18,962,380.81

Option Period 11 3 months $18,721,781.81 Total $37,684,162.62

The sole source has two (2) three-month option periods. The Option periods are not guaranteed and will only be exercised at the discretion of the Government. The intention of the total period of performance is to allow the Government to solicit the new medical service contract.

3. Description of supplies or services required to meet the agency’s need.

Currently, only one source can provide the medical services required, and the level of quality required, because the services are unique or highly specialized. CBP has a highly technical requirement which entails a significant amount of preparation and ramp up to be able to fully operate. A sole source task order extension will be awarded against Veterans Affairs (VA) Federal

Supply Schedule 621-I, Professional & Allied Healthcare Staffing Services, to contractor Loyal

Source Government Services, LLC (Loyal Source). who is already certified, licensed, and operating the medical services as required by CBP.

1 In this document, citations to RFO Part 8 are citations specifically to Federal Acquisition Regulation (FAR) Class Deviation

25-20 for FAR Part 8, which was issued as part of the Revolutionary FAR Overhaul (RFO) implemented in response to

Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Sole Source Justification (SSJ) - RFO Subpart 8.4 and GSAR 538.7104-3

CBP requires healthcare practitioners to work out of Medical Priority Facilities (MPFs), Office of

Field Operations (OFO) Ports of Entry (POEs), and potentially other forward deployed locations within the United States, to address medical and public health concerns for individuals in CBP custody.

To discharge agency responsibilities along the southwest border, DHS/CBP has established enhanced medical provisions for individuals in custody at the southwest border crossings and OFO POEs.

Contracted medical personnel deliver medical support at various locations.

4. Authority and supporting rationale.

• GSAR 538.7104-3(b)(1)(ii): Only one source is capable of providing the products, services, or solution required at the level of quality required because the products, services, or solutions are unique or highly specialized.

Loyal Source Government Services, LLC (Loyal Source) is the incumbent provider of the medical services and currently:

• Maintain frontline medical services 24/7/365 hours of operation at some locations.

• Provide supervisory physician oversight, patient safety risk monitoring, medical quality management/oversight and quality assurance, and regional pediatric advisory services.

• Ensure 100% health intake interviews of children under age 17.

• Ensure individuals that receive an Elevated In-Custody Medical Risk (ECMR) diagnosis are identified and equipped with the proper color-coded arm band.

• Document medical assessments for all individuals in custody in the Electronic Medical Record

(EMR) System.

• Provide follow-up care after referral to a local health system and/or hospitalization.

• Public Health/Infectious Disease support –ensure early identification, treatment, isolation, appropriate referrals, infection control, and public health support for infectious diseases in CBP facilities; and

• Conducting exit Health Interview – for aliens who receive medical treatment in CBP custody, as appropriate, to ensure persons in custody are fit for travel or transfer.

• Operates under existing sector specific procedures, security protocols, and emergency response plans in coordination with USBP and Office of Chief Medical Officer (OCMO).

• Is prepared to perform all services and requirements identified in Performance Work Statement

(PWS) Section I Scope and PWS Section III Performance Requirements and Standards.

Sole Source Justification (SSJ) - RFO Subpart 8.4 and GSAR 538.7104-3

FAR 8.405-6(a)(1)(i)(B), only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

This acquisition is being conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3).

DHS is actively solicitating for the recompete of these services. The agency initially made award on September 28, 2022, and that award was protested to the U.S. Government Accountability

Office by several vendors and subsequent protests. These protests were variously dismissed or denied. Transitioning to a new contractor for medical screening services would likely result in a significant loss of medical services until all new contractor employees had cleared CBP background investigations. For this reason, CBP intends to award a sole source firm fixed price task order pursuant to FAR 8.405-6(a)(1)(i) (B) to continue the mission critical medical screening services until the competitively recompeted task order is awarded.

CBP must issue sole source action to prevent a gap in services. This will ensure CBP is able to provide medical screening to individuals in its custody as ordered by federal courts and in accordance with congressionally mandated. If the recompete results in an award to a new contractor, CBP must maintain these critical services during any transition period.

For the reasons described herein, this action is required to preserve the life, safety, and health of aliens, agents, officers, and the general public by continuing to provide medical screening services.

With a medical personnel shortage and the lack of qualified medical professionals at the southwest border of the United States and remote locations in the region, Loyal Source is the only contractor that can provide these services in the near term. As the current contractor in this effort, Loyal

Source has cleared personnel in place to fulfill continued requirements immediately.

Loyal Source is uniquely qualified to provide the required services until the follow-on procurement is awarded. As the incumbent contractor, Loyal Source possesses expertise and understanding of the requirements as well as the immediate capability and capacity to perform the required services.

Without background-cleared personnel, training, and experience, another contractor would not be able to implement the immediate medical requirements of OCMO as required by DHS and CBP medical directives.

A new contractor would need to be educated on the CBP medical protocols, medical directives, medical quality management standards, and methodologies performed to date; as well as undergo and obtain a successful Background Investigation (BI) which could take a minimum of 120 days to obtain, per the CBP/Office of Professional Responsibility.

Therefore, market research conducted in December 2025 concluded that no other contractor would be capable of successfully providing the services needed in a relevant timeframe, due to the time it would take to meet onboarding contractor requirements

5. CBP intends to make this justification publicly available in accordance with GSAR 538.7104-3(b)(3).

6. Technical/Requirements Personnel Certification:

Sole Source Justification (SSJ) - RFO Subpart 8.4 and GSAR 538.7104-3

For actions exceeding $90M, a copy of the approved Sole Source Justification shall be provided to the

CPO within 5 working days of approval via email to PROCUREMENTSUPPORT@hq.dhs.gov in accordance with HSAM 3008.401-71(c).

Note: Each Sole Source Justification must be cumulatively reviewed and approved at lower-level approval(s). For example, actions over $20 million must be reviewed, approved, and signed by the contracting officer, Component Competition Advocate, and HCA.