J and A SILC Region7 RMACC Bridge.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).

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

(a) In preparation of the intent to exercise option periods for the USCG Region 7

(Southeast) Regional Multiple Award Construction Contracts (RMACC II), SILC CON identified that all contractors required re-representation pursuant to FAR 52.219-

28. In recognition of this requirement, on 7 March 2024, the USCG met with the SBA/DHS OSDBU/USCG Director of SB, and the SBA agreed that USCG may temporarily issue regional bridge contracts, not to exceed two years, to support USCG depot level maintenance (DLM) program. Only those firms currently under the RMACC 8(a) program will be awarded a bridge action.

(b) As agreed, SILC CON intends to issue a suite of bridge contracts for Region 7 to provide real property repairs, maintenance, and general construction, marine construction, demolition, historical restoration, and remediation requirements with an estimated value of less than $7 million. The Region 7 bridge contracts will be Multiple Award IDIQs for two years to allow for re-procurement of the RMACC II. These bridge contracts will be available for USCG use only and will be Small Business set aside.

(c) Name and addresses of the contractors:

GM Hill Engineering, Inc.

9700 Philips Hwy Ste 101 Jacksonville, FL 32256

Gulf Pacific Contracting, LLC 750 Sand Path Road Bonifay, FL 32425

E.L.C.I Construction Group 626 NE 124th Street North Miami, FL 33161

Barber Klein Contractors 7254 Golden Wings Road, Suite 9 Jacksonville, FL 32244

Intergrated Construction Management, Inc.

8810 Astronaut Blvd, Suite 101 Cape Canaveral, FL 32920

Call Associates-Windamir JV LLC 567 Exchange Street, Suite 211 Buffalo, NY 14210

Christie Brothers-SBG JV LLC 239 Buckeye Lane Summerville, SC 29486

LEGO Construction Co.

1011 Sunnybrook Road, Suite 905 Miami, FL 33136

Lasa-Pacifica Tech JV 1 6734 Greenland Industrial Blvd Jacksonville, FL 32258

(d) Type of action: Indefinite Delivery Indefinite Quantity (IDIQ) contracts with Firm Fixed Price type orders. Estimated start date is May 30, 2024, and an estimated end date of May 29, 2026.

(e) Estimated total value (including options): The Region 7 Bridge Contract vehicle will have an aggregate capacity of $50M over two years.

(f) Type of funding: Annual Coastal Shore Operations (CSO) at task order level.

(g) 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.

(h) Background information about the requirement:

The RMACC II is the second iteration as a DHS department wide Strategic Sourcing Vehicle (SSV). The RMACC II Program, a designated Tier 1 SSV, that enables any Component within DHS to acquire design/build and construction services to meet planned and emergent infrastructure needs within the 50 U.S. States and its Territories. As a Tier 1 SSV, the

RMACC II:

Reduces the average procurement timeline from eight months to less than four months, while still meeting all FAR requirements;

Provides competitive pricing and improved project execution due to competition among highly qualified contracting firms; and

Facilitates a relationship where awardees become familiar with DHS construction requirements, which reduces the risk of cost overruns due to design errors.

The Region 7 RMACC II contracts were awarded on 21 May 2019 with a ceiling value of $125M. The contracts had an ultimate contract completion end date of 20 May 2026, and the most recent option period expires on 21 May 2024. The options were allowed to expire due to SILC-CON’s identification that its contractors would not comply with FAR FAR 52.219-28.

3. Description of Supplies/Services.

The contract provides DLM for facilities throughout Region 7. 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.

The RMACC II contractors were assessed during the procurement process for the competencies and experience necessary to perform the broad range of construction services needed to maintain USCG and DHS facilities.

The Region 7 RMACC II contracts are a highly efficient method to award individual task orders. Using the current suite of contracts allows the USCG to obtain repair and maintenance services for ordinary and emergency needs in a reduced procurement timeline. The USCG must maintain optimal use of these contracts throughout the remaining and extended duration of the contract.

With the unplanned expiration of the RMACC II Region 7 contracts, if these bridge contracts are not executed, the USCG will need to accelerate efforts to award a replacement IDIQ SSV (RMACC III); and the USCG and DHS contracting offices will need to negotiate, award, and administer individual stand-alone contracts for each requirement until the RMACC III contracts are awarded. Both alternatives represent a significate duplication of costs because the USCG does not have the capacity to accelerate the award of RMACC III, nor the resources to move to a stand-alone contract strategy.

The existing contract holders have the business infrastructure and personnel in place, extensive knowledge of USCG DLM facilities and requirements, familiarity with DHS/USCG facilities, and established operating and safety procedures to rapidly respond to USCG facilities DLM and emergent requirements. The current Region 7 contractors will allow the Government to award task orders efficiently and timely and attain both spend under management (SUM) and SB goals. In addition, the current Region 7 contract holders have the resources in place to allow for immediate continued support until RMACC III is awarded. Not executing a bridge contract vehicle for Region 7 would result in substantial duplication of costs to the Government and unacceptable delays in fulfilling the department’s requirements.

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 the Government Point of Entry (SAM.gov) within 14 days after contract award. 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 determines that the anticipated cost will be fair and reasonable based on adequate competition, as task orders will be competed on a fair opportunity basis in accordance with FAR 16.505 amongst Region 7 RMACC II holders.

9. Description of Market Research.

The DHS Strategic Sourcing portfolio for Facilities & Construction was reviewed on March 25, 2024, confirming that the RMACC II is a unique contract vehicle and the only available tool to execute DHS/USCG mission essential requirements for depot level maintenance and construction services up to and exceeding the $7M range. Based on knowledge of the industry and the timelines required to comply with all acquisition regulations, allowing for the execution of the bridge contract vehicle for Region 7 ensures the availability and continuity of a critical USCG acquisition vehicle, while supporting Small Business goals, and executing mission in an optimal manner that 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. Only those firms currently under the RMACC 8(a) program will be awarded a bridge 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.

Task orders under these Bridge contracts will be competed among contract holders. In addition, the USCG is currently planning the RMACC III competition, and this will be solicited as full and open competition with several socio-economic set-aside categories.

The CG anticipates issuing the solicitation for the RMACC III contracts on or around February 2025, and all CG Regions will be included part of that competition. Finally, the RMACC III anticipates the use of on ramp strategies to allow for small businesses to be added during the performance period for long-term contracts.

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.

Ada Hoggard 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

5/7/2024

APPROVAL:

Keith J. O’Neill Date Head of the Contracting Activity