Final SPL_Limited_Source_JA_New_BMGR_Phase I_ SPC_signed GH2025-07-03 (003)_Redacted.pdf

Control # SPL25-02

CUI

Procurement Sensitive Information

Source Selection Information – See FAR 2.101 and 3.104

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JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN

COMPETITION

PROJECT: $200M Design-build of Barry M. Goldwater Range (BMGR) Sector Protective Barrier Fencing AUTHORITY: FAR 6.302-2 Unusual and Compelling Urgency, 10 U.S.C. § 3204(a)(2) Prepared By: NAME

Mary Fronck

TELEPHONE NO

Contracting Officer NAME Mary Fronck

TELEPHONE NO

Requirements NAME Michael Tuttle

TELEPHONE NO

TITLE

Project Manager

DATE

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

Deputy for Small Business SI DATE

NAME

Stephanie Parra

TELEPHONE NO

Project Manager SIGNATURE DATE

NAME

Michael Tuttle

TELEPHONE NO

Legal Counsel SIGNATURE DATE

NAME

Mary K. Wrightson

TELEPHONE NO

Senior Contracting Official CSAIRGRNIZAALTEUS.RR.ECOL Digitally signed by

ETTE. Date: 2025.06.25 08:27:27 -07'00'

DATE

NAME

R. Colette Carrizales

TELEPHONE NO

Legal Counsel, Headquarters TSRIAGMNELA.ATLUEXRAENDRI Digitally signed by

.ALEXANDRIA.

A.POLK.

Date: 2025.06.25 11:34:01 -05'00

DATE

NAME

Alex P. Tramel

TELEPHONE NO

Command Advocate for Competition

SIGNATURE

Digitally signed by

Date: 2025.06.25 15:06:51 -04'00'

DATE

NAME

Laura Eichhorn

TELEPHONE NO

Head of the Contracting Activity

SIGNATURE DATE

NAME

Denver S. Heath

TELEPHONE NO

25 June 2025

25 June 2025

Procurement Sensitive Information

Source Selection Information – See FAR 2.101 and 3.104

Justification and Approval for

Other than Full and Open Competition

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, Los Angeles District (SPL), Contracting Division, 915 Wilshire Ave, Los Angeles, CA

2. DESCRIPTION OF ACTION: In support of Presidential National Emergency Declaration Concerning the Southern Border of the United States, dated January 20, 2025, and the unusual and compelling urgency memorandum received from the Secretary of Defense on May 9, 2025 approval is requested for a Phase I Limited Sources Competition Justification and Approval (J&A) to solicit Phase I of a two-phase Federal Acquisition Regulation (FAR)

36.3 design-build construction, firm-fixed-price (FFP) contract. Five (5) firms will be solicited, and proposals evaluated to down select the most highly qualified single firm for participation in Phase II. A Phase II sole-source J&A will then be executed separately to allow negotiations with the identified single most highly qualified firm for a FFP “C-type” contract. If negotiations are unsuccessful within the intended timeframe, an Undefinitized Contract Action (UCA) may be utilized. The type of funds utilized will be 10 U.S.C. Section 2803, Emergency Construction (2803) funds.

3. DESCRIPTION OF SUPPLIES/SERVICES: The purpose of this contract will be to provide design-build construction services in accordance with (IAW) the Presidential National Emergency Declaration identified above. Work effort will consist of design and construction of approximately twenty (20) miles of new protective barrier, access gate installations and roadway improvements within the Barry M. Goldwater Range (BMGR) Sector, formerly referred to as Yuma 10/27. The new protective barrier will be thirty (30)-foot bollard fencing with five (5)-foot anti-climb plate including installation of access gates.

The estimated total value of the contract to be awarded under this J&A to include options is Not to Exceed (NTE) $190M. This amount is based upon the government's independent cost estimates for the project. The period of performance for the design-build contract is anticipated to be less than twelve (12) months in total. FAR 6.302-2(d)(l)(ii) limits the period of performance to one (1) year, including all options, unless the head of the agency determines that exceptional circumstances apply. In this case, performance is expected to be less than one (1) year.

4. AUTHORITY CITED: 10 USC § 3204(a)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. REASON FOR AUTHORITY CITED: In support of the Presidential National Emergency Declaration identified above, the agency's need for the supplies or services are of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits Phase I proposals.

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Justification: The President has determined a national emergency exists at the southern border of the United States. As outlined in the memorandum from the Secretary of Defense:

“I have also determined that this military construction project is so urgent that deferral of the project for inclusion in the next Military Construction Authorization Act would significantly delay construction and impede the ability of the Department to protect military operations on BMGR and obtain full operational control of the border. . .These projects will be carried out under the direction and supervision of the Secretary of the Army, through the US Army Corps of Engineers as the DoD Construction Agent and in coordination with the USD (A&S) and the Secretaries of the Military Departments.” The urgency applied to the construction authority under 10 U.S.C §2803 does not in and of itself provide an exception to competition.

SPL requires the ability to limit the number of sources from whom the government solicits Phase I proposals in order to be able to receive and evaluate proposals, conduct sole-source negotiations with a single firm during Phase II, and award the contract within four weeks.

This will allow the contractor to begin performance immediately. As part of the government’s market research efforts, the government contacted twenty-one (21) firms, and five (5) firms were identified (from eleven(11) firms that responded) as interested and capable of bonding at this threshold for horizontal construction. Limiting competition to these five (5) firms identified in the market research will allow for an expedited evaluation and award to meet the unusual and compelling urgency need.

Based on prior experience with design and construction projects for similar protective barrier, access gate installations, and roadway improvements at similar dollar amounts over a period of recent years between 2019 and 2020, SPL does not anticipate that full and open competition under a System for Award Management (SAM.gov) posting would yield additional firms, but instead would add time that the required schedule cannot accommodate.

Without limiting competition, the government would be unable to undertake construction this fiscal year and would not meet the delivery schedule of twelve (12) months or less. A traditional FAR Part 36.3 two-phase design-build project acquired IAW the requirement for full and open competition under the Competition in Contracting Act (CICA) could take upwards of nine (9) – twelve (12) months to solicit and award based upon historical averages for contracts of this dollar amount. Under these unusual and compelling conditions, the Phase I limited sources justification and Phase II sole-source justification will allow for solicitation and award within four weeks. Therefore, the time savings achieved through use of other than full and open competition is at least nine (9), and as many as, eleven (11) + months. This time savings is critical in order for construction to begin as soon as possible, supporting the urgent and compelling nature of this procurement, and to ensure complete operational control of the southern border in response to the national emergency.

Alternative: The Contracting Officer examined all forms of alternative contractual mechanisms for fulfilling these requirements, but no other alternative would allow for performance to begin immediately. Existing Multiple Award Task Order Contracts (MATOCs) do not have the capacity or cover the area of the requirement needed to accommodate a task order of this magnitude. Due to the unusual and compelling urgent need for this project, no other method other than limiting competition would allow for expedited evaluation and award and for construction to begin as soon as possible.

Procurement Sensitive Information

As determined by the President, the current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency.

The Department of Defense has provided Armed Forces design-build construction support and resources to the Department of Homeland Security at the southern border. Because of the gravity of the current emergency situation, it is necessary for the Armed Forces to provide additional support to address the crisis. Failure to limit sources for Phase I of the two-phase design-build selection process, conduct sole source negotiations with a single firm during Phase II, and begin construction this fiscal year with completion within twelve (12) months would result in mission failure. If SPL cannot proceed as proposed, there will be severe adverse impacts on safety and territorial integrity to the United States. Approval of this J&A will enable SPL to expedite solicitation and evaluation for urgently needed design and construction services identified above in paragraph 3, with the follow-on sole-source J&A allowing for expedited negotiation and award in Phase 2.

Selection of Sole Source Contractor: As discussed in paragraph 8, Market Research, SPL is conducting this procurement IAW the Two-Phase Design-Build Selection Procedures in FAR

36.3. The market research initially identified a pool of firms to be considered. SPL contacted each of these firms and requested information to determine if they met minimum government requirements for the acquisition. As a result of the market research, the only firms that responded with interest and the government determined to be capable to self-perform the work and will be issued a Phase I Request for Proposal for the BMGR Sector project are: (1)

(2) (3)

(4) and

(5) . Once evaluations are complete, one (1) firm will be invited to participate in Phase II.

6. EFFORTS TO OBTAIN COMPETITION: SPL will issue a Request for Proposal to all firms that have been found capable to self-perform the work and have expressed interest in competing for Phase I IAW the procedures identified in Paragraph 8, Market Research. The notice required at FAR 5.201 will not be published based on the exception at FAR 5.202(a)(2), Unusual and Compelling Urgency.

7. ACTIONS TO INCREASE COMPETITION: The Contracting Officer is mindful of the requirement in FAR 6.302-2 to request offers from as many potential sources as is practicable under the circumstances, and therefore did conduct a robust search and evaluation of potential sources following the procedures outlined in Paragraph 8, Market Research.

8. MARKET RESEARCH: Across the Border Infrastructure program, the government routinely maximizes competition to the greatest extent practicable in accordance with FAR Part 6. To determine the most expeditious tools available to the agency to fulfill these unusual and compelling urgency design-build border wall requirements, an immediate review of existing contract vehicles was conducted. A list of twenty-one (21) contractors was identified based on previous Prequalified Sources Lists (PQSLs) for the Border Infrastructure

Procurement Sensitive Information

Program, previous work with other Districts, SAM.gov research, and Dynamic Small Business Search research. A list of the eleven (11) firms that expressed interest in the acquisition is attached.

Each of the twenty-one (21) firms were asked the following questions to determine minimum capability:

1. What is your firm’s bonding capability for a single project? What is your aggregate bonding capability?

2. Will you submit a proposal for horizontal construction?

3. Can you provide Certified Cost or Pricing Data?

4. Do you have a Defense Contract Audit Agency (DCAA) approved or designated adequate accounting system?

5. Does your firm have the capacity to support several concurrent horizontal construction contracts?

Of the twenty (21) firms contacted in the last four months, only eleven (11) responses were received. Evaluation was conducted on the responses. Five (5) firms were deemed as capable based on bonding capacity and capability to complete horizontal construction.

9. INTERESTED SOURCES: In this instance, the need to undertake construction as soon as possible is of such an unusual and compelling urgency that the government would be seriously injured unless SPL is able to limit the number of sources from which it solicits Phase I proposals to five (5) contractors identified in Section 5. To date, no other sources have written to express an interest.

10. OTHER FACTS: NA

Procurement Sensitive Information

Source Selection Information – See FAR 2.101 and 3.104

11. TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Greg Hegge Date:

Title: Program Manager Signature:

12. REQUIREMENT CERTIFICATION: I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete lo the best of my knowledge and belief.

Name: Mike Tuttle Date:

Title: Project Manager Signature:

13. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated cost or price to the government for this contract action will be fair and reasonable.

This will be determined by conducting a detailed cost/price analysis of the offeror’s proposal, taking into consideration all pertinent information including field pricing assistance, audit reports and technical analysis, fact-finding results, independent government cost estimates and price histories. The contractor will be required to submit their price/cost proposal IAW FAR Part 15, and Certified Cost or Pricing Data will be required IAW FAR 15.403-4.

Name: Mary Fronck Date:

Title: Contracting Officer Signature:

14. CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: Mary Fronck Date:

Title: Contracting Officer Signature: