ICE Is Planning New Fast-Track Construction Contracts
An RFI released this morning details plans for a nationwide network of flexible construction contracts
This morning, ICE launched a market research effort to establish multiple “highly flexible construction contracting vehicle[s] to support mission-critical facility needs.” According to the record on SAM.gov, the agency is considering awarding contracts to several companies to establish a portfolio of single‑award construction contracts (SACC) that would let it rapidly design, build, renovate, and demolish ICE facilities across the country over the next five years.
The scope of work for SACC is broad. It includes, but is not limited to:
General design and construction management
Site planning and environmental planning assessments to support ICE compliance with the National Environmental Policy Act and other federal and state environmental requirements
Alteration, modification, and renovation of existing facilities
Maintenance and repair of existing buildings and infrastructure
Demolition of structures and facilities
Engineering analysis and site assessments (for example, geotechnical surveys) to support design‑build of real property assets
Design‑build renovation and new construction services
Of note, ICE is assigning this work to NAICS code 236220, a federal industry category for commercial and institutional building construction. Using 236220 is a sign that the agency anticipates using these contracts for large-scale, institutional building work, not small projects or repairs.
More, the solicitation specifies that the SACC IDIQs are also intended to “support emergency responses to natural disasters and emergencies.” It’s not clear why ICE — whose core mission is immigration enforcement — would need a construction contracting vehicle that accommodates disaster response, a function that traditionally falls to FEMA.
“Highly flexible construction contracting”
While the RFI notice is brief, it mentions the need for “highly flexible construction contracting” multiple times and stresses that contractors will be expected to manage multiple task orders simultaneously. That flexibility is baked into the contract structure ICE is proposing. By setting up several single‑award, indefinite‑delivery/indefinite‑quantity contracts, the agency won’t have to compete each individual task order — instead, it will have a small bench of pre‑cleared companies it can tap quickly, avoiding both the delays and the oversight that come with a more competitive process.
This would be even faster than what ICE is currently using. DHS has been relying on WEXMAC TITUS, a Navy logistics program originally designed for international expeditionary contracts, to retrofit warehouses into detention facilities domestically. WEXMAC is a multiple‑award contract, which is faster than full and open competition, but still involves bidding among a defined pool of companies. Four firms competed for the Williamsport, Md., warehouse renovation; six bid on the site in Surprise, AZ.
The proposed SACC model might skip even that limited competition and transparency. ICE could pre‑award contracts to a select group of firms and issue task orders directly on an as-needed basis.
And there’s an even bigger strategic shift at play: where WEXMAC TITUS is a Pentagon program pressed into immigration enforcement use — one that Senators Elizabeth Warren (D-MA) and Jeanne Shaheen (D-NH) have already challenged, demanding the Defense Department end its agreement with DHS — an ICE-owned contracting vehicle would move detention construction back in-house and entirely out of Pentagon oversight — and the scrutiny that has come with it.
A Search for Large, Experienced Construction Firms
In addition to the typical information required in an RFI (business information, point of contact, etc.), ICE specifically asks for a signed letter from a qualified bonding company confirming that the contractor is currently approved for at least $10 million in bonding on any single project and at least $300 million in total bonded work across all projects.
In plain terms, this means that ICE is looking for construction firms whose insurance company will cover them for up to $300 million. This appears to be a way to filter out smaller and mid-sized firms who are unable to get bonding approvals at that scale.
What to Watch Next
ICE is just now entering the market research phase of this initiative. Interested vendors have until May 6th to respond, and from there, the agency will draft a procurement package. Given ICE’s emphasis on speed, it would not be surprising to see an RFP released on this in the coming months.
Once the full solicitation is out, we should get a clearer picture of the work ICE is planning, which locations each contract will cover, and, ideally, which facilities are likely to be prioritized.
ICE did not immediately respond to a request for comment.
WTF!!!