OrFicE OF ACQUISITION MANAGEMENT ICE Acquisition Manual 3006.301-90 US, Immigration and Customs JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SZ inforcement 41 U.S.C. 3304 J&A-21-0066 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 6.302-2 as follows: 1. Agency and Contracting Activity. The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (AQ), proposes to enter into a firm-fixed price contract, on behalf of the Enforcement, Removals, and Operations Division (ERO) 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 contract, (b) Amount of the current J&A: $86,947,271.04 (©) Brief Description: OAQ intends to procure on a sole source basis; 1,239 hotel beds and related services to provide for Emergency Family Reception Sites (EFRS) along the U.S. southwest border to receive the sudden and large influx of families seeking asylum. The service provider is: Family Endeavors, Inc. 6363 De Zavala Rd., Ste. 200 San Antonio, TX 78249-2104 3. Description of Supplies/Services. ‘The purpose of this contract is to support the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) through the provision of emergency family shelters and processing services for families entering the United States and placed in ICE and Federal Government custody. This contract provides for the immediate acquisition of up to 1,239 hotel beds and other necessary services for Emergency Family Reception Sites (EFRS) that will offer migrant families processing in a COVID-protective environment in response to an emergency situation along the U.S. southwest border. This is needed because of an unexpected influx of families at the southwest border due to the suspension of the Title 42 program for families starting February 24, 2021, This Period of Performance for this contract will be 6.5 months, March 16, 2021 through, September 20, 2021. The procurement covers 1,239 beds at $352.64 per bed/per day for 199 days and is therefore estimated at $86,947,271.04. Services to be provided at these EFRSs include, but are not limited to: transportation to and from Border Patrol Stations and ports of entry to shelter sites and to transportation hubs and Page 1 of 5 Version 1.2OFFICE OF ACQUISITION MANAGEMENT. ICE Acquisition Manual 3006,301-90 US. Immigration and Customs JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Enforcement ALUS.C.3304 other locations as directed, language assistance/translation, appropriate family recreational activities in each individual room, meal services, laundry, cultural and legal orientations, and staff trained in trauma-informed care. The provider will also support the resident's understanding of documentation and immigration process to include translation and interpretation services and coordinate with legal service providers and will support enrollment in one of ICE's alternatives to detention programs. Not only do the related services include emergeney shelter and processing services, but all contracted sites will utilize COVID-19 protocols and quarantine methods and work closely with local and state partners including health officials to allow for the safe, dignified, and ‘humane release of migrants in U.S. communities near the Southern border, 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: a FAR Subsection 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, y 6.302-2: Unusual and compelling urgency (not a response to a natural disaster, act of terrorism, or other man-made disaster; one-year limitation of FAR 6.302- 2d) Qo 6.302-3: Industrial mobilization; engineering, development, or research capability; or expert services. a 6.302-4: Intemational agreement. o 6.302-5: Authorized or required by statute, a 6.302-6: National security. Oo 6.302-7: Public interest, 5. Demonstration that the nature of the acquisition requires use of the authority cited. DHS is seeing an increase in imegular migrant flows to the southwest border of the United States, including greater numbers of family units and unaccompanied children (FAMUs). The projected encounters for fiscal year (FY) 2021 are expected to be the highest number observed in over 20 years. U.S. Customs and Border Protection is encountering more than 500 FAMUs per day. The number of individuals enrolled in the ICE Alternatives to Detention program has increased from 50 per day to 200 per day in March 2021. In the case of FAMUs, only the head of household is enrolled in ATD meaning the total number of individuals requiring shelter and other services is even higher than ATD enrollment. Within 90 days, the enrollment is projected to double to 400 per day. It is because of this unusual Page 2 of 5 Version 1.2OFFICE OF ACQUISITION MANAGEMENT. ICE Acquisition Manual 3006.301-90 US. Immigration and Customs AUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Enforcement ALUS.C.3304 and compelling urgency that the Government requires the EFRSs to meet the critical mission requirements of housing, feeding, transporting, and providing medical attention to these thousands of asylum-seeking families along the southwest border. Without the additional EFRS facilities and services, the Government will be seriously injured as itis currently not prepared to address the large influx of asylum seekers, which requires housing and processing of the claims for the vulnerable populations. Without expeditiously contracting for additional EFRS, the Government will be forced to house these people in ‘unsuitable and unsafe living conditions, which is not an option. The Government is subject to regulatory and judicial constraints that mandate specific housing requirements and failure to comply will open the Government to substantial liability. Family Endeavors, Inc. (“Endeavors”) is the only known source that is presently capable of meeting the Government's urgent requirement to provide 1,239 hotel beds and all-inclusive emergency family residential services to support the ICE/ERO’s response to the surge of asylum seekers at the U.S. southwest border. Other sources currently engaged in providing these or similar services for ICE are being further mobilized or converted for this specific use as well. The Government's interest demands that Endeavors be given a binding commitment so that contract performance can begin immediately because of the organization’s existing portfolio of hotel bed spaces in the El Paso and Cotulla, TX; and Chandler, AZ areas (or other areas as needed) and because of the organization’s longstanding experience in provide emergency housing and relief services in this geographical area and with this type of vulnerable population. 6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. OAQ intends to award a firm-fixed price contract and does not intend to publicize this requirement, prior to award, based on the exception of FAR 5.202(a)(2) (“unusual and compelling urgency”). The Government believes hotel beds and services provided by Endeavors will not by themselves satisfy the great need for these services in the coming months. Existing ICE contracts that provide similar or related services are already being converted to also support this urgent need and the Government is continuing to seek additional sources to support this mission. Where time allows and the opportunity presents itself, the Government will pursue synopsized solicitations to increase the level of competition. AQ does not intend to publicize this requirement, prior to award, based on the following 5.202(a) exception: 5.202(a)(2) - The proposed contract action is made under the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in 5.203. 7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Endeavors’ proposed rate is $352.64 per bed, per day. The total price of the contract is based on the rate multiplied by the total number of beds provided to the Government per day. The Page 3 of Version 12ObrIce OF ACQUISITION MANAGEMENT ICE Acquistion Manual 306.301-90 AEP us, immigration (QB) and Customs JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Enforcement MUS.C. 3304 Government evaluated the rate by comparing it to per bed, per day rates for ICE's Family Residential Center (FRC) contracts which are for similar services. Using this prior acquisition history, the Government determined that the anticipated price is fair and reasonable. 8. Description of market research. In the short timeframe ICE has had to respond to the emergency situation described herein, the Agency has actively engaged in market research utilizing the techniques set forth in FAR 10,002(b)(2)() and (vii)—contacting knowledgeable individuals within Government and. industry and conducting interchange meetings with potential offerors. As the need for more emergency family reception sites increases, the Government will continue to engage in these market research techniques and others as needed. 9. Any other facts supporting the use of other than full and open competi None. 10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition. Not applicable, 11, A statement of the actions, if any, the agency may take to remove barriers to competition before any subsequent acquisition for supy required. overcome any or services This action is required due to the urgency and time sensitivity of the situation coupled with the complexity of the services required. The ability to identify capable and experienced service providers is of utmost importance. The market for contractors and organizations that are able to respond quickly and appropriately to the Government’ needs is not a large one and the Government will continue to rely on knowledgeable Government and industry personnel to identify the best sources. If the future circumstances allow for competition, the Government will pursue it. (2 After award of this action, DHS intends to post the approved/signed justification pursuant to 6.305. O After award of this action, DHS does not intend to post the approved/signed justification in accordance with 6.305(f). 12. Contracting Officer’s Certification. Page 4 of 5 Version 12(OFFICE OF ACQUISITION MANAGEMENT ICE Acquisition Manual 3006,301-90 US. Immigration and Customs Enforcement JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETTTION 41 US.C. 3304 12. Contracting Officer’s Certification. | 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. 312412021 Conffacting Officer Date 13. Technical/Requirements Personnel Certification. | certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is somplete and accurate. 9 és : £ 3/24/2021 Technical Representative/COR Date 14. Approval. Digitally signed by WILLIAM C WILLIAM C FULLER JR Fuwer se Date: 2021.03.25 08:21:05 -04'00" Over $700,000 but not exceeding $13.5 million Date Procuring Activity Advocate for Competition Digaly signed by ALBERT J DAINTON ALBERT J Oe 2008251006150 Over $13.5 million but not exceeding $68 million Date Head of Contracting Activity SORAYA CORREA pray sires oY SORAYA CORREA Over $68 million eee oe Date Chief Procurement Officer Page 5 of 5 . Version 12