under FAR Subpart'6.3 JustificatiOn for Other than Full and Open Competition "Source Selection Information see FAR 2.101 and 3.104? 1. Identification of the agency and contracting activity. a. Federal agency and contracting activity. Department of Health and - Human Services/Program Support Center/Acquisition Management Services, Administration for Children and Families? Office of Refugee Resettlement? Division of Children Services -Unaccompanied Children Program b. Requiring activity. c. Requiring Activity Point of Contact (POC) information. 0 Name. Hilda Crespo 0 Mailing address. Mary E. Switzer Building 330 ST SW 0 E-mail address. Hilda.Crespo@acf.hhs.gov - Telephone number. Office: 202-260-1500; Mobile: 202-868- 9415 2. Nature and/or description of the action being approved. a. Acquisition purpose and objectives. In order to meet the increase in referrals of unaccompanied alien children (UAC) with violent criminal background and gang af?liation, Of?ce of Refugee Resettlement (ORR) needs to procure secure bed capacity needs to procure secure bed capacity to accommodate this in?ux that has caused the current facilities to experience over capacity issues. Secure beds can only be provided by juvenile detention facilities who are uniquely quali?ed to provide the level of security and supervision required for UAC with these backgrounds. In addition to security and supervision, secure facilities must be located in localities with suf?cient bilingual workforce to provide services to UAC. ORR has published grant funding opportunity announcements (F 0A) for secure bed capacity in 2016 for 2017 awards. Two applicants were awarded grants to house UAC in California and Virginia. These grantees have provided all the capacity they are able to. OR, in the last few months, has experienced and continues to experience a dramatic increase in the number of referrals of UAC requiring placement in a secure facility. Currently, all of the available beds in network are at capacity and there is an urgent and compelling need for Updated December 2015 1 additional capacity. Procurement through a sole source contract is the best way for OR to acquire capacity as quickly as possible. b. Project background. Section 462 of the Homeland Security Act of 2002, transferred responsibility for the care and custody of Unaccompanied Alien Children from the Commissioner of the former Immigration and Naturalization Service (INS) to the Director of ORR of the Department of Health and Human Services (HHS) in March 2003, In making decisions on placement and services provided to UC, the Director of OR is governed by the Flores Settlement Agreement, Case No. (C. D. Cal. 1996), as well as the William Wilberforce Traf?cking Victims Protection Reauthorization Act of 2008 (Pub.L. 1 10-457). All programs must comply with the Flores Settlement Agreement, Case No. CV85-4544-RJ (CD. Cal. 1996), pertinent regulations and OR policies and procedures. Section 462 of the Homeland Security Act of 2002, Pub. L. 107-296, 6 U.S.C. 279 and Section 23 5(c) of the William Wilberforce Traf?cking Victims Protection Reauthorization Act (TVPRA) of 2008, Pub. L. 110-457, 8 U.S.C. 1232(c) requires OR to ensure the appropriate placement of all UC referred to ORR by the Department of Homeland Security (DHS) and to provide a range of custodial/residential shelter care and services. There are multiple factors that continue to complicate the long-term planning for adequate bed capacity in the UC Program. These factors include, but are not limited to, the following: Unpredictability of in?ux numbers, to include rates per day, seasonality, and country of origin; 0 The potential for release becoming more dif?cult due to the absence of sponsors (parents, guardians, family friends) already residing in the and The unpredictability of shifting demographics, economics, politics, crime, civil unrest, or other crisis events in countries of origin. 3. Description of the supplies or services required to meet the agency?s needs (including the estimated value). a. Project title. UAC Secure Bed Capacity b. Project description. The contractor will provide bed capacity and services to UAC at identi?ed secure facility locations. The contractor is to provide all needed to staff the program, to include: licensed professionals, program management staff, and supervision of daily operations. The contractor shall provide all logistical support for staff travel Updated December 2015 2 and equipment needed to ful?ll the requirements under the SOW and in accordance with ORR policies and procedures. Requirement type. El Research development El support services Support services (non-R&D) Cl Supplies/equipment El information technology (IT) El Construction Architect-engineer (A E) services El Design-build CI Other (specify): Proposed contract/order type. Firm-fixed?price El Other fixed-price (specify, fixed-price award-fee, fixed- price incentive-fee): Cost-plus~fixed-fee Other cost reimbursement (Specify, cost-plus-award-fee, Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): Other (specify): Completion Form El Term form CID DU Ell] Acquisition identification number. RFP 17-233-SOL-00933 c. Total estimated dollar value and performance/delivery period. The urgent need will be for one (1) year (anticipated dates: September 1, 2017 through August 31, 2018) estimated value is $3,970,557.00 for 30 beds. 4. Identification of the statutory authority permitting other than full and open competition. Federal Acquisition Regulation (FAR): El 6.302-1 Only one responsible source and no other supplies or Updated December 2015 services will satisfy agency requirements. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1). IZI 6.302-2 Unusual and compelling urgency. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2). 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3). 6.302-4 International agreement. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(4)? or 41 U.S.C. 3304(a)(4). 6.302-5 Authorized or required by statute. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5). 6.302-6 National security. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6). 6.302-7 Public interest. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7). Sole source, including brand name, under Simplified Procedures for Certain Commercial Items. This acquisition is using this justification format, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903. 5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited. a. Name and address of the proposed contractor(s). Northern Virginia Juvenile Detention Center 200 S. Whiting St. Alexandria, VA 22304 POC: Johnitha McNair b. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited. Updated December 2015 An unusual and compelling urgency exists for this requirement which precludes full and open competition. Delay in award of a contract would result in inability to provide adequate custody of UAC with behavior issues. This in turn compromises the safety of other UAC in OR custody who would be placed with UAC with violent behaviors. OR is at capacity for secure beds. We have maximized all our secure providers ability to provide additional capacity. The sources for secure capacity nationwide is extremely limited and although ORR continues to outreach to potential sources, only this source has been identi?ed at this time. Northern Virginia Juvenile Detention Center (NOVA) is uniquely quali?ed to provide secure services to OR. NOVA was a previous provider of secure bed capacity, through both a contract and grant, for ORR. As a secure facility, NOVA is able to appropriately provide the security needed to house and maintain custody of UAC who have been deemed a danger to self and others. As a former provider for ORR, NOVA is knowledgeable and experienced in the service requirements speci?c only to OR. This will allow ORR to utilize the capacity at NOVA without the delay of having to train facility staff. NOVA is uniquely quali?ed to provide secure services to OR for the following reasons: 1. They are a provider of secure beds to adolescents with the criminal and violent behaviors. 2. They are knowledgeable and have expertise in providing services that meet the ORR requirements and statutory mandates on services to Unaccompanied Alien Children. 3. They have available capacity to provide ORR. No other provider Of secure bed capacity contacted by ORR has, at this time, has offered any capacity. The period of performance is requested for a full year. The dif?culties in identifying potential sources have been continual and have not resulted in an adequate number of sources for full open competition. There has been for the last two years, no other sources identi?ed other than those who were awarded a grant award and NOVA. ORR plans to compete another round of grant awards but that process is taking up to 9 months from planning to award. This schedule does not meet the program?s immediate need for secure capacity. 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 subpart 5.2 and, if not, which exception under 5.202 applies. ORR published a grant funding opportunity announcement for secure capacity. on for a period of 60 days. Only two applicants were determined to be acceptable and received grant awards. ORR has directly outreached to localities with juvenile detention centers in New Jersey, Colorado and Illinois, Updated December 2015 5 jurisdiction with facilities services that meet ORR requirements to no avail. NOVA, as a former grantee and contractor for ORR, responded to the outreach and has been assessed by ORR experts as capable of providing the stringent requirements of the program. However, NOVA did not have an active registration in System for Award Management (SAM) so was not able to be awarded a grant; they recently successfully reinstated their SAM registration and are able to be awarded this one-time requirement for the over capacity of UAC for the other facilities. This requirement is being conducted under FAR 6.3 02?2 Unusual and Compelling Urgency, will utilize Simpli?ed Acquisition Procedures under FAR 13.5, and the Government would be seriously injured, as described above, if the agency complies with the time periods speci?ed in w. As such is exempt under FAR to the posting requirements in FAR 5.201. Based on the market research conducted it is impracticable to solicit from more than one source since only one source, NOVA, responded to previous outreach and has been determined to be capable of providing these urgent servicesSecure capacity is a highly specialized level of care that can only be provided by county and state run juvenile detention facilities. market research is continuous and nationwide. Only NOVA is capable and willing to provide services to UAC at this time. 7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. The cost of this acquisition will be fair and reasonable. Actions anticipated to ensure reasonableness of the price will be accomplished with the procedures and criteria contained in the FAR 12.209, as supplemented. Anticipated price analysis may include commercial price lists, historical pricing, comparison with current other grantees price lists, and any other commercial price comparison deemed necessary to establish fair and reasonable pricing. Detailed documentation and justi?cation of price reasonableness will be disclosed in the of?cial Award Determination Memorandum to be prepared upon completion of negotiations. 8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted. ORR published a grant funding opportunity announcement for secure capacity on for a period of 60 days. Two applicants were determined to be acceptable and received grant awards. ORR has directly outreached to localities with juvenile detention centers in New Jersey, Colorado and Illinois, jurisdiction with facilities services that meet ORR requirements to no avail. as a former grantee and contractor for ORR responded to the outreach and was also assessed by ORR experts as capable of providing the stringent requirements of the program however, they did not have a current SAM registration at that time. Updated December 2015 6 9. Any other facts supporting the use of other than full and open competition. In accordance with the Homeland Security Act of 2002, UAC must be placed within 72 hours. Without this acquisition for additional secure capacity, ORR will not be able to meet this statutory mandate to provide care and placement to UAC within 72 hours of their apprehension. Acquisition planning has been conducted and an Acquisition Plan has been completed. The urgent need will not exceed l-year and will provide the amount of beds needed to accommodate the over?ow from the other two (2) grantee facilities that are already over capacity. During the course of this l-year period, a long term EPA or additional grant will be pursued. Secure bed capacity, unlike other capacity available is the most dif?cult to locate. ORR anticipates that it will take the whole of the l-year period to ?nd other potential sources. A solicitation or a grant funding opportunity announcement will not be successful in securing bed capacity unless ORR outreaches to the limited number of entities who can provide such capacity and convince them that they should submit an application for funding or offer for award. 10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition. NOVA is the only source that responded to the outreach. is a former grantee and contractor for ORR and has been assessed by ORR experts as capable of providing the stringent requirements of the program; they are registered in the System for Award Management (SAM) and are otherwise able to receive contract award. If any other vendors show interest in providing these services through additional market research methods, they will be assessed and considered for the future long term acquisition. To date, no other vendor has expressed interest in providing ORR secure bed capacity. 11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services. A source sought notice will be posted for any future long term contractual actions. A EPA or additional grants will need to be awarded following this urgent and compelling requirement to provide the additional long term capacity needed to compensate for the overcapacity issue being experienced now. If at that time, any additional sources are identi?ed, the EPA or grant will be competed and a multiple award will be considered. Updated December 2015 7 12. Program office certification. This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government?s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete. new a ram mass 5 a ?msgm Saw-Em Emma?s t?mam 7 . 5, 55 ?Wismsw 5 . ti?l??wim ,7 5 1321:3555 gel-saga egg? i i 7 ?mwirrme 9mm: Wail; Wham ?f?w?s ?imm?wm 5 7 ?uwwmw L, 5 A, i - 5 333;: ?$555wa (?5,255 adiak ?ew m! we 5? $55,335,555 gamma, 5' Sum-mum Updated December 2015 Patrick A. Joy Digitally signed by Patrick A. Joy -S DN: c=US, o=U.S. Government, ou=HHS, ou=PSC, ou=People, cn=Patrick A. Joy -S, 0.9.2342.19200300.100.1.1=200021 0725 Date: 2017.08.28 12:39:33 -04'00' 8.28.17