JA_Additional_Work_WI_51_Lead_Dust_Cleaning_(redacted).pdf

Justification for Other Than Full and Open Competition Under 10 U.S.C. 2304 (c)(1)

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Modification to Existing Contract

HSCG85-15-C-P45450

HSCG85-15-C-P45450 Work Item 51

Pursuant to the requirements of the Competition in Contracting Act (CICA) as Implemented by FAR subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

(1) Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Surface Forces Logistics Center (SFLC), Long Range Enforcement Product Line (LRE PL) proposes to enter into a modification on a basis other than full and open competition.

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

The USCG has a requirement for lead dust cleanup to be provided for the USCGC POLAR STAR Dry Dock and Ship Repair under Contract HSCG85-15-C-P45450. This additional work was not competed as part of the original Request for Proposal (RFP) because the need was not apparent, nor could have been reasonably anticipated, until the ship was dry-docked as part of the above contract. Initial testing of dust in the Diesel 1 and Diesel 2 spaces revealed high levels of lead contamination. Further testing in the adjacent Auxiliary 1 and Auxiliary 2 spaces revealed the lead contamination levels were too high for a safe working environment. Due to the high levels of lead dust, all work in these spaces is currently stopped and the area is contained. Because of the health and safety concerns as well as the stoppage’s delay to scheduled work both for the current contract and Coast Guard organizational work, this work must be completed immediately or it will impact the USCGC POLAR STAR’s upcoming mission needs. The total estimated cost of additional work associated with this justification is . This justification is required to allow negotiations with the currently awarded prime contractor, Mare Island Dry Dock LLC.

Mare Island Dry Dock LLC 1180 Nimitz Ave Vallejo, CA 94592

(3) Description of Supplies/Services.

The USCG intends to issue a modification to Mare Island Dry Dock LLC’s contract HSCG85-15-C-P45450 to accomplish this additional work during the currently awarded 90 day USCGC Polar Star Dry Dock availability in fiscal year 2015. This additional work will include cleaning and disposal of lead contaminated dust in the four workspaces listed above.

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Modification to Existing Contract

HSCG85-15-C-P45450

HSCG85-15-C-P45450 Work Item 51

(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. 2304 (c)(1) as implemented by FAR Subpart 6.302-1.

(5) Demonstration that the nature of the acquisition requires use of the authority cited.

This cleanup work is needed immediately because the lead contamination levels are above the OSHA and Coast Guard HSWL permissive exposure limits for a working environment and needs to be done to ensure the crew and workers' safety. Due to these safety concerns, all work in these spaces is currently stopped and the area is contained.

The stoppage will cause a cascading delay to previously scheduled work items (WI) for the current contract and Coast Guard organizational work. The maintenance availability window does not allow time for a significant breach in schedule which would cause unacceptable delays to the mission. The scheduled work cannot be completed without the cleaning and disposal of lead contaminated dust being completed in each area first. Lack of coordination at each step of the process will result in unacceptable delays in leaving the dry dock. The current prime contractor is the only known source available that can coordinate WI-51 work with all of the WI’s to ensure the POLAR STAR can leave dry-dock as scheduled. Therefore, to avoid unacceptable delays to achieving the Coast Guard’s mission, it is necessary to negotiate with the current prime contractor in order to have the work performed promptly and in coordination with previously scheduled work.

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

Although negotiation with the prime is required for coordination with the other work items on the cutter to ensure no delays to mission, there are multiple sub-contractors capable of performing cleaning and disposal of lead contaminated dust. The RFP will request that the prime contractor submit evidence of multiple sub-contractor quotations.

(7) Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable.

The anticipated cost to the Government will be fair and reasonable because the sub-contractor effort is anticipated to be competed and the prime’s hours and loading have already been determined to be fair and reasonable. The Contracting Officer will make a determination that the anticipated price(s) will be fair and reasonable using pricing analysis techniques in FAR 15.404-1(b) (2).

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Modification to Existing Contract

HSCG85-15-C-P45450

HSCG85-15-C-P45450 Work Item 51

(8) Description of market research.

Previous abatement and cleaning efforts in the area have shown USCG that there are commercial companies that can perform the cleaning and disposal of lead contaminated dust portion of the work items. Due to the need to complete the work immediately, the source for this justification is the only known source with the ability to coordinate this work with the other work items in the time frame available. The requisite coordination of interdependent work items that must be coordinated can only be done with full integration into the current contract without inducing re-work and overlapping contract work.

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

The currently awarded prime contractor is capable of completing the work using a sub-contractor. Completing the work at another location and time would cause substantial personnel exposure risk as well as contract delays and almost certainty of unacceptable mission delay/disruption.

(10) A listing of sources, if any, that expressed, in writing, an interest in the acquisition.

A synopsis is not required under FAR subpart 5.2 because WI-51 has been determined to be in scope of the original synopsis for solicitation HSCG85-15-R-P45450. Multiple proposals were received on the solicitation to the base contract, HSCG85-15-C-P45450, USCGC POLAR STAR Dry Dock Availability FY15. The Contracting Officer has not received any interest in writing for WI-51, other than the Condition Found Report submitted by the prime contractor.

(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.

The subsequent dry dock on the USCGC POLAR STAR, tentatively in 2016, is anticipated to be awarded competitively. The 2016 dry-dock is anticipated to have work item(s) for lead abatement and clean-up.