D5 JA.pdf

CLASS JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION

10 U.S.C. § 3204

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 the following facts and rationale justify the use of such authority:

1. Agency and Contracting Activity.

The U.S. Department of Homeland Security (DHS), United States Coast Guard (USCG), Shore Infrastructure Logistics Center, Construction Contracting Division (SILC CON) prepared this justification for other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) SILC CON intends to issue a modification to its Region 5 Indefinite Delivery

Indefinite Quantity Regional Multiple Award Construction Contract (RMACC) to increase the maximum contract value in that region. Approval for this justification will ensure optimal performance of the regional contract to complete known USCG/DHS mission critical construction requirements. The justification will not change the nature of work included in the contract, nor change any of the other terms and conditions.

The Region 5 RMACC covers USCG District 5 (CEU Cleveland) and is set aside for SDVOSB. As of 22 June 2023, there is approximately $7 Million in remaining capacity. The increased spending capacity is required to allow sufficient capacity on this contract for sustained performance through the regional contract expiration date of 25 June 2025.

(b) Name and addresses of the contractors: See attached RMACC Region 5 Contractor List, June 2023.

(c) Type of action: Modification

(d) Estimated total value (including options): The Region 5 RMACC maximum contract value will increase by $75M, from $150M to $225M.

(e) Type of funding: NA.

(f) Year of funding: Funded at task order level; currently Coastal Shore Operations (CSO) historically referred to as AFC43 which provides for depot level maintenance program on fiscal year basis.

(g) Background information about the requirement:

RMACC II, which includes Region 5, has been a tremendous success and enables

USCG/DHS to leverage capabilities of the contractors to meet ongoing and emerging requirements. USCG has been able use the contract vehicle to successfully execute the annual USCG Depot Level Maintenance Program, as well as to be responsive to Hurricane Supplemental requirements. USCG’s success relies on the ability to continue to utilize the contract while they plan procurement of a replacement contract vehicle.

3. Description of Supplies/Services.

The contract provides for Depot Level Maintenance for Facilities throughout the USCG with additional utilization by other components of DHS. The scope of work includes real property repairs, maintenance, and general construction, marine construction, demolition, historical restoration, and remediation. Facilities include, but are not limited to, operations buildings, hangars, boat houses, firing ranges, residential and light commercial buildings and their mechanical and electrical systems, site utilities, waterfront facilities, electronic surveillance/security construction, dredging, and airports/runways.

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

The statutory authority permitting other than full and open competition is 10 U.S.C. § 3204(a) implemented by the FAR Subpart 6.302-1 entitled “Only One Or a Limited Number of Responsible Sources and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Statute.

N/A.

6. Demonstration that the proposed contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited.

Region 5 is home to several mission critical units and commands for which the Region 5 RMACC provides critical support for shore infrastructure. CEU Cleveland has historically been the most prolific in utilizing Coast Guard funding to support USCG units through construction contracting. The Region 5 spending capacity was based on the USCG’s best estimate of the depot level maintenance needs the USCG would have in the region, over the 7-year ordering period. However, an unprecedented amount of additional, critical work resulted in unplanned expenditures. Specifically, the Hurricane Supplemental in 2017 and 2018 infused $50 Million into CEU Cleveland for construction execution in addition to the normal programmatic funding and execution. CEU Cleveland executed the critical mission by leveraging the RMACC.

The remaining $7M capacity will be used to meet imminent requirements from other DHS components. Additionally, based on projected estimates, CEU Cleveland anticipates spending approximately $12 Million to execute FY23 requirements, and another $30M over the course of each of the next two fiscal years to execute mission requirements. The Region 5 RMACC contractors are uniquely qualified to continue this critical support as they have the necessary cleared key personnel and requisite bonding requirements in place until the follow-on contract is awarded.

The RMACC II contracts are a highly efficient method to award individual task orders.

Using the Region 5 RMACC allows the USCG and DHS components to obtain repair and maintenance services for ordinary and emergency needs in a timely manner. It provides for streamlined task order execution, which is essential to execute the one-year funding associated with the depot level maintenance program. Consequently, the USCG must maintain optimal use of these contracts throughout the remaining duration of the contract.

If the Region 5 RMACC spending capacity is not increased, the USCG will have a gap in mission execution capability for depot level maintenance construction contract execution.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

This justification will be made publicly available on Contract Opportunities (sam.gov) as required by 10 U.S.C. 3204(a). The Public notification will be provided within fourteen days, informing industry of Government’s intent to make these changes to the RMACC.

Accordingly, the requirements for an exception under FAR 5.202(a) (11) have been met and no synopsis is currently required.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer has determined the anticipated cost will be fair and reasonable based on adequate competition, as task orders will be competed on a fair opportunity basis among all the Region 5 RMACC holders.

9. Description of Market Research.

The DHS Strategic Sourcing portfolio was reviewed, confirming that the RMACC II is a unique contract vehicle and the only available tool to execute DHS/USCG mission essential requirements. The contract was competed utilizing full and open competition with various regional socio-economic set asides. Moreover, the nature of the initial award, as a suite of multiple award construction contracts with numerous awardees, means that there will be competition for task order awards that use the additional capacity sought here. Based on knowledge of the industry and the timelines required to comply with all acquisition regulations, making these minor modifications to the existing Region 5 contracts in order to ensure that they continue to operate in an optimal manner is in the Government’s best interests.

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

There are no other facts supporting the use of other than full and open competition.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the

Acquisition.

This proposed contract action is made pursuant to the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements in FAR 5.207 with respect to the current proposed contract action.

12. 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.

There are no known barriers to competition. The current Region 5 is a Multiple-Award IDIQ contract with ordering procedures that use fair opportunity consistent with FAR 16.5 to provide effective competition; and by making required changes to the contracts, USCG/DHS will be able to continue to reap full benefit for the duration of the ordering periods. This approach will allow USCG/DHS to continue competition for new task order requirements under the existing contract.

13. Contracting Officer’s Certification. 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.

James Dinda Date Contracting Officer

14. Technical/Requirements Personnel Certification. I certify that this requirement meets the

Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Captain S. Cesar Acosta Date Technical Representative

RECOMMENDED FOR APPROVAL:

Mark Snell Date Contracting Officer

James Knight Date Coast Guard Procuring Activity Competition Advocate (CG PACA)

Keith J. O’Neill Date Head of Contracting Activity

APPROVAL:

Chief Procurement Officer or designee Date Office of the Chief Procurement Officer