Justification for Other Than Full and Open Competition PBM Options Redacted

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 USC 3304 (A): USE OF NONCOMPETITIVE PROCEDURES

(e)

Type of funding: Determined when the option period is exercised.

(f)

Year of funding: Determined when the option period is exercised

(g)

Solicitation Number: N/A

(h)

Background information about the requirement:
IHSC is responsible for providing health care services to illegal aliens (IAs) that are detained in facilities across the country. This care involves providing prescription medications to IAs. In order to support IAs’ pharmaceutical needs, ICE requires the support of a Pharmacy Benefit Manager (PBM).

3. Description of Supplies/Services.
IHSC requires ongoing support to ensure IAs have access to medically necessary prescription medications. This support, which was historically provided by the Veteran’s Administration (VA) Financial Services Center (VAFSC), was terminated by the VA on October 3, 2025. PBM support ensures IAs can continue receive both routine and life-saving medications. ICE requires uninterrupted PBM support to avoid any gaps in access to critical life-saving prescription medications. Therefore, ICE intends to add two (2), 12-month option periods and four (4), 6month option periods to the contract to ensure continuity of these essential services. 4. 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 FAR Subpart 6.103-1 (FAR Class Deviation 25-11) entitled “Only one responsible source and no other supplies or services will satisfy agency requirements.” 5. Identification of Exception to the Buy American Statute Not applicable.
6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.
Ardent Group is the only responsible source that can immediately satisfy the Agency’s needs, provide continuous PBM support for the detainee population, and mitigate the risks associated with a lapse in services. Ardent is currently providing PBM support to IHSC and is positioned to seamlessly continue these services without interruption, thereby ensuring continuity of operations and consistent access to prescription medications. This ongoing support will prevent operational disruptions and a gap in support while ICE completes a reassessment of current requirements, operational capacity, related processes, conduct a re-competition of the effort, etc.