CTIMR_WA2-TCA_JA_60_DAY_Final.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

The U. S. Customs and Border Protection (CBP), Border Patrol Air and Marine (BPAM). The contracting activity, CBP, Procurement Directorate, proposes to enter into a contract on a basis of other than full and open competition.

Requesting Office:

U.S. Customs and Border Protection (CBP) Border Patrol Air and Marine Program Management Office (BPAM)

1331 Pennsylvania Ave NW, 1220 N Washington, DC 20004

Contracting Office:

US Customs and Border Protection (CBP) Procurement Directorate 1331 Pennsylvania Ave, N.W.

NP 1355N

Washington, DC 20229

2. Nature and/or description of the action being approved.

This Justification and Approval (J&A) has been prepared by the CBP, BPAM Program Management Office (PMO) to request the issuance of a short-term sole source bridge contract on a cost plus fixed fee (CPFF) basis to Kellogg Brown & Root (KBR), to continue critical tactical infrastructure (TI) sustainment services within Work Area 2-

Tucson Sector. This acquisition will have a 60-day period of performance from March

30, 2019 to May 30, 2019.

3. Description of Supplies/Services.

Maintenance and Repair support provided for the Tactical Infrastructure (TI) along the Southern international border consisting of the following five work categories:

a) Fence and Gates, breach repair, inspection and lubrication

b) Roads and Bridges, grading and blading

c) Drainage and Grate Systems, silt removal

d) Lighting and Electrical Systems, inspection and repair of ballast bubs and sensors

e) Vegetation Control and Debris Removal, mowing, trimming and debris removal.

Maintenance includes work activities that preserve or sustain the ability of the asset to continue to carry out its intended function or preserve its established level of performance, as well as making repairs to restore existing TI assets to pre-existing conditions, design standards, and level of performance so that it may be effectively utilized for its designated purpose. The sustainment services required to support the TI varies based on the inventory quantities for each work category, the number and type of incidents, time of year (variances in illegal border traffic fluctuate with the time of year), economic conditions, weather events, and location.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority

Cited.

The Government is seeking this sole source interim contract action to provide continuity of services in the near term while CBP completes ongoing efforts to transition to a new CTIMR acquisition strategy.

The transition period will include a one-year pilot (May 2019-May 2020) with an 8(a)-direct contract to assess the use of Task Orders to execute CTIMR work. This pilot will include the use of an IDIQ contract with processes and procedures new to the

CTIMR program.

The Government had previously released a full and open competition solicitation and awarded a contract (HSBP1011C00042) to Kellogg Brown and Root (KBR) on

01/21/2014. During the base year period of performance of contract HSBP1011C00042, the requirements for sustainment and improvement services in Work Area 2 had increased unexpectedly beyond the established contract ceiling, which required CBP to utilize the entire available ceiling during Option Year 1 of the contract. Due to the expedited burn rate, CBP reduced the period of performance of contract HSBP1011C00042 by 1 year (ending on July 21, 2016); followed by a new contract awarded July 22, 2016 to provide continuity of the sustainment services required that extended through September 29, 2017 with the two-month option clause exercised. CBP extended services with KBR, awarded on September 30, 2017 through

March 29, 2019.

During this time CBP began developing a new approach for CTIMR since continuation of the Cost Plus Fixed Fee (CPFF) model has been determined inappropriate for the program at this mature stage (~9 year old program) given concerns related to costs (including concerns with controlling costs), efficiency, administrative burdens, and increased protest risks. As such, CBP began the process of exploring the requirements and structure needed to transition from CPFF to Firm Fixed Price (FFP). During this process, it became evident that in order to move to a FFP contract type, CBP needed to secure additional data with respect to its inventory to more adequately define its needs and the scope of work for firm fixed pricing. This process resulted in additional unanticipated delay in competing the effort on a FFP basis.

To implement the new acquisition strategy, CBP plans to use historical data, but needed to confirm the asset inventory as well as develop maintenance standards to support the new contract type. CBP awarded a contract (HSBP70B01C18C00000130) to provide the needed data and information in September 2018, with deliverables due September 2019. The most critical data components needed to better define CTIMR requirements are road system data (i.e. coordinates, road materials, condition) and documentation of a maintenance standard to be used as a performance measure of new contractor(s) under the FFP model.

The current contractor (KBR) is unique in its capacity to perform the near term work given its knowledge base and experience to provide continuity of services during this transition to the new acquisition strategy. The transition-in time needed for a vendor to mobilize subcontractors, equipment, office space, obtain necessary clearances and systems training (i.e. WMS) takes at a minimum 3-months following a successful award and Notice To Proceed (NTP). A new vendor could not assume this work in the near term, and it is not in the Government’s best interest to seek a new vendor given the short period of performance of this action. Thus, CBP is seeking a bridge of the current contractor until the agency can solicit the effort under its revised acquisition strategy and modified requirements.

A gap in service during this time would impact and jeopardize the safety of Border Patrol agents who monitor fence breaches, by adding driving distances to avoid road wash outs or limited visibility due to uncontrolled vegetation or debris accumulation along the fence line. These conditions put the Border Patrol agents in harm’s way as illegal activities are more likely to occur at places where border security can be easily breached. The time required to solicit the follow on contract under the new strategic framework requires continuation of services so that operations are not adversely impacted during the strategic shift to the new acquisition strategy. There are no further option periods remaining under the current contract.

The estimated total cost for this 60-day bridge, inclusive of labor and travel, is

$ 986,139.06, which includes a period of performance from March 30, 2019 to May

30, 2019.

The estimated value for the bridge contract is as follows:

Period POP Total 60-Days 03/30/2019-05/30/2019 $ 986,139.06

Total $ 986,139.06

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

A FedBizOpps announcement will be made available to the public concerning this sole source award in accordance with FAR Subpart 5.102(a)(6) and 5.2.

EGC44N7

Typewritten Text

EGC44N7

$988,137.84

7. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable .

The costs of this sole source award should be comparable to the costs/rates under the current contract. No changes to labor categories, types of activities, or staffing are expected during the extension period of performance. Therefore, actual past costs will act as the inhibitor to significant increases in labor rates/ costs. In addition, CBP will perform a cost/price realism analysis pursuant to FAR 15.402 to compare the proposed rates, labor hours, material and equipment to the labor rates, hours, material, and equipment under the current contract (contract no. HSBP1017C00048), as well as the Government’s IGCE, and request DCAA assistance if needed.

8. Description of Market Research.

Over the past several years, the Government has performed market research and conducted multiple competitions which has informed the government of industry capabilities.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

If this 60-day bridge contract is not awarded, CBP will not have the services needed to maintain continuity of operations and national security along our borders in the execution of CBP’s mission. The absence of these services would jeopardize the safety of Border Patrol agents who monitor illegal activities along the border, as potential fence breaches, road outages, lighting issues, and other natural impediments would place the Border Patrol agents in harm’s way and increase the potential for illegal entries, drug smuggling and terrorist activities, and other disasters in those locations with Tactical Infrastructure that are not properly maintained.

For example, a fence breach means that unauthorized individuals (to include drug smugglers, human traffickers or terrorists) can penetrate into the United States, and a road outage (washed away or damaged) means that Border Patrol Agents may be unable to physically patrol a section of the border, respond to unauthorized entries or respond to emergency situations in that area, or provide timely backup to other agents in need, thereby severely impacting CBP’s mission.

As a result of the need to use only one source, stemming from the expiration of the current contract on March 29, 2019 and unexpected delay in awarding the IDIQ directed 8(a) by two months due to ongoing revisions to the requirements and

Government Shutdown in December 2018/January 2019, the incumbent contractor is the only known company with the ability to immediately support this requirement with limited risks to the government and safety of the Border Patrol Agents. Currently, KBR has competent, knowledgeable, and stable program management and sustainment staff performing all CTIMR work requirements in Work Area 2 (both urgent and routine) and has the ability to continue providing these services for CBP.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

Although no offerors provided a written interest in proposing to this specific requirement, the following offerors expressed an interest in smaller contracts (i.e.

reduced scope) performing similar sustainment activities within the Tucson Sector:

a) DBR General Engineering (1017C00070)

b) Martinez Service, Inc. (1017C00073)

11. A Statement of the Actions, if Any, the Agency May Take to Remove or

Overcome Any Barriers to Competition Before Any Subsequent Acquisition for

Supplies or Services Required.

Upon expiration of this 60-day interim contract action, CBP intends to award a 12-month contract with an 8(a) vendor to provide the required services. That contract will serve as a pilot for the new acquisition strategy and will provide coverage until an 8(a) competitive procurement can take place in early Fiscal Year 2020 with an award planned for March 2020.

► J&A CERTIFICATIONS

12. Requisition/Program Office Certification

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office: BPAM Program Management Office Name: Teia Stein Title: Acquisition Program Manager-TI/TWR

Signature: _______________________________ Date: _____________

13. Contracting Officer Certification/ Approval

I 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.

Name: Barbara Wilson Title: Contracting Officer

BFB4LXD

03/29/2019

*In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $700,000 shall constitute approval of the J&A.

14. Small Business Specialist Certification (per HSAM 3019.501-Above the SAT)

I certify that I have conducted a search for small businesses and other socio-economic concerns capability of participating in this acquisition.

If any were found, a list is attached.

Title: CBP Small Business Specialist

15. Chief Counsel Review (per HSAM 3006.304-70-Above the SAT)

Title: Attorney

► J&A APPROVAL

16. Competition Advocate (per FAR 6.304(a)(2)-Above $700,000)

Approved Disapproved

Title: Competition Advocate

CCDE5QE

04/03/2019

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Stamp

CADLH51

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