A.02.06_JA El Centro Yuma_Redacted.pdf

CONTROL NUMBER: SPB-21-001

“For Official Use Only” for this modification will be located within the Customs Border Patrol (CBP) Yuma Sector in Andrade, California west of the Andrade Port of Entry and continuing east into Imperial County, California on the Quechan Reservation, across the Colorado River from Yuma, Arizona.

4. AUTHORITY CITED: The statutory authority permitting other than full and open competition for the proposed follow-on modification is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 -- Only one responsible source and no other supplies or services will satisfy agency requirements. 10 U.SC.2304(d)(1)(B), as implemented by FAR 6.302-1(a)(2)(iii)(A), provides that full and open competition need not be provided in instances when services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

5. REASON FOR AUTHORITY CITED: The DHS requested USACE’s immediate full engagement on all planning and preparation necessary to physically secure the southern border as required. This mission requires an urgent and sustained response including the application of significant resources to ensure the numerous complex issues and challenges involved in the rapid planning, design and contract procurement.

Issuance of a follow-on contract action (i.e. out-of-scope modification) of the existing contract W912PL-19-C-0014 is the most expedient and cost-effective alternative to meeting the agency’s immediate need for the construction of the barrier infrastructure.

USACE need not engage in full and open competition for this requirement because the criteria in FAR 6.302-1(a)(2)(iii) are met, as indicated below.

A. Original Source. BFBC is the original source of the work described in paragraph 3, which was initially included in awarded contract W912PL-19-C-0014 for the El Centro 1 and Yuma 1 Vehicle Barrier Replacement Project. This project was initially solicited on a competitive basis among the nine firms established on the Prequalified Sources List - 2 (PQSL 2). BFBC was determined to be the highest qualified offeror in Phase I of the evaluation; however, due to the urgent need to expedite award, the Government conducted its Phase II evaluation as a sole source acquisition with the highest qualified single firm, BFBC, under the statutory authority 10 U.S.C.2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency. As discussed in paragraph 2, the work described in paragraph 3 was later descoped from the contract due to a funding issue with the intention to add the descoped work back into the contract in a subsequent contract action once additional DHS funding became available.

B. Follow-On Contract. Adding the work described in paragraph 3 as a follow-on contract action (i.e. modification to contract W912PL-19-C-0014) is the most expedient and cost-effective means to meet DHS’ requirements. The SPB examined several alternatives for fulfilling this requirement: 1) use of full and open competitive procedures, 2) use of the existing Western Horizontal Construction

Multiple Award Task Order Contract (MATOC) and 3) a follow-on contract action (i.e. out-of-scope modification) in accordance with FAR 6.302. The first and second alternative would not allow for performance to begin immediately and would result in a substantial duplication of cost to the Government. The only viable alternative is to select a single responsible contractor in close proximity to the work required. The responsible contractor, BFBC, is currently constructing the new replacement vehicle barrier (W912PL-19-C-0014) within approximately 740 linear feet from the starting point on the westside of the Andrade POE. The 740 linear foot gap will remain as the POE already has a secure perimeter in place that the USACE will tie into on either side to form a continuous barrier.

C. Highly Specialized Services. The construction and design services provided by BFBC are considered to be highly specialized as BFBC is the only vetted design-build contractor with the capacity to perform a project of this magnitude, with relevant experience in the design and construction of the complex barrier infrastructure requirements, and that is currently performing work in this remote location. BFBC has personnel, established subcontractors, and a design team currently mobilized at the site who are familiar with the area and terrain, which will enable them to respond quickly and efficiently to this scope change. BFBC has established land agreements with surrounding landowners (the project borders the Quechan Indian Reservation) necessary to access this site and is constructing the single access road leading to and from the site. BFBC has also acquired all required work permits, both on the Quechan Nation and at the POE and have already performed extensive investigation on the utilities.

It is critical to the POE that disruption to their operations is minimal. The 3-phase power, Linear Ground Detection System (LGDS), lighting, and Closed-Circuit Television (CCTV) requirement for this work will require extensive coordination with the items designed and being installed on the eastside of the POE. All attributes on the westside will be required to tie into the attributes on the eastside to ensure a fully integrated system is provided. BFBC will also relocate an electrical switchgear per their current contract. The relocation of the switchgear will be coordinated to ensure future connections will not further disrupt the POE operations. Use of BFBC for this work will provide continuity that will ensure that this critical aspect of the infrastructure work will be fully integrated as intended and with minimal POE disruption.

D. Substantial Duplication of Costs. FAR 6.302-1(a)(2)(iii) provides that full and open competition need not be provided in instances when services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition or unacceptable delays in fulfilling the agency’s requirements. In this case, award to any other source would result in substantial duplication of costs that are not expected to be recovered through competition.

Based on the analysis above, BFBC has a significant advantage over competitors considering that BFBC is currently mobilized, is performing the same requirements on a larger scale in the immediate area, has established access agreements with surrounding landowners and constructed the single access road to the site. It is anticipated that this advantage will be reflected in BFBC’s proposal and schedule for the completion of this work. It is estimated that the Government would incur duplicative costs in the amount of approximately $3,315,931.00 if this action were competed through full and open competition. The Government considers the duplication of costs to be substantial, as it is estimated that the Government would receive competitive pricing in the amount of $18,423,583.00 compared to the anticipated $12,500,000.00 if awarded to BFBC, which represents a 32% cost difference.

E. Use of Authority Justified. Authorization and funding have now been granted by DHS to pursue the work covered by this modification. The DHS requested USACE’s immediate full engagement on all planning and preparation necessary to physically secure the southern border as required. The El Centro 1 and Yuma 1 Vehicle Barrier Project (W912PL-19-C-0014) was awarded in support of the President’s declaration to secure the southern border and the need to secure the area described in paragraph 3 is essential to ensure a continuous barrier infrastructure required to adequately enforce the nation’s immigration laws and provide the DHS operational controls necessary to prevent illegal activities occurring in the area.

BFBC is considered to have specialized experience considering they have been vetted under the PQSL- 2 and are the only qualified source capable to perform work of this magnitude and fulfill the Government’s requirements in this remote location. BFBC is currently performing construction on the El Centro 1 and Yuma 1 Vehicle Barrier Project and has the capacity for the additional work required by this modification. BFBC’s complete mobilization to a site in close proximity presents substantial cost savings to the Government that would not be realized if this requirement was issued using full and open competition.

6. EFFORTS TO OBTAIN COMPETITION: The SPB examined several alternatives for fulfilling this requirement: 1) use of full and open competitive procedures, 2) use of the existing Western Horizontal Construction Multiple Award Task Order Contract (MATOC) and 3) a follow-on contract action (i.e. out-of-scope modification) in accordance with FAR Part 6. The first and second alternatives would result in a substantial duplication of costs that are not expected to be recovered through competition. The only viable alternative is to select the single responsible contractor in close proximity to the work required, as specified in paragraph 3 above. The responsible contractor, BFBC, is currently constructing the new replacement vehicle barrier (W912PL-19-C-0014) within close proximity to this site.

7. ACTIONS TO INCREASE COMPETITION: A Notice of Intent (NOI) to Award Sole Source was posted to the Government Point of Entry (GPE), beta.SAM.gov, on 15 December 2020 and closed on 30 December 2020 in accordance with FAR 5.203(a).