U.S. Customs and Border Protection hired a private contractor for up to $9.2 million to help review body camera video, cellphone data, and other evidence “for high-stakes, high-profile litigation” against the agency, saying its own lawyers cannot keep up.
A sole-source justification posted Tuesday to SAM.gov, the federal government’s contracting website, explains why CBP hired Contact Government Services, a Washington company, without seeking competing bids.
The agency said the need was so urgent that following normal procedures would cause “unacceptable delays.”
Federal spending records show that CBP placed the order on Sept. 29 and added more money the next day. Those were the final two days of the federal fiscal year, when the one-year funds covering the work were set to expire. About $5 million has been committed so far, and the order extends through April 2027, with an option to extend it to September 2027.
According to the award notice, staff will review files for CBP’s Office of Chief Counsel and black out privileged or sensitive information before material is turned over in court. According to CBP, a single case can involve hundreds of thousands or even millions of files, and a missed court deadline could bring fines or rulings against the agency.
In its justification, the agency tied the work to lawsuits over how it is carrying out the Secure America Act, a roughly $70 billion law that funds CBP and ICE through 2029. The contractor would help defend CBP “in litigation challenging CBP’s legal authorities,” the agency wrote.
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Although the agency called the rise in lawsuits “unanticipated and unexpected,” the strain had been palpable for months. In February, CBS News reported that one Justice Department official described the wave of cases from detained immigrants as a “tsunami.” The Hill reported this month that internal Justice Department figures showed record immigration caseloads while the number of government lawyers fell.
Filling its own legal jobs has also been difficult. In September, the agency advertised 20 attorney openings nationwide, and a recruiting post offered new hires bonuses of up to $50,000.
Body camera footage has become a repeated point of conflict in court. In January, a federal judge in Chicago ordered the release of about 500 videos from federal agents within 120 days, after Homeland Security lawyers asked to release only 50 a month.
In explaining why it chose the company without competition, CBP pointed to the firm’s work for the Justice Department, whose lawyers represent CBP in federal court. According to the justification, the company has staffed nearly 100 attorneys for document review at the department. CBP said that work has made the firm familiar with how the department handles these cases.
The agency also said the company can quickly hire up to 63 people able to pass a Tier 5 background investigation, the most extensive check the government uses for national security positions. The company recruits staff with prior law enforcement experience, which CBP described as an advantage in reviewing the evidence.
CBP said the order covers only its immediate needs and that it is considering a longer-term contract.