JA_Brown Field BPS Communication Tower_Redacted Version__Redacted.pdf

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, Los Angeles, CA 90017 is the construction contracting authority on this contract. U.S. Army Corps of Engineers, Fort Worth District (SWF), Contracting Division, Fort Worth, Texas 76102 is the focal point between USACE and U.S. Department of Homeland Security (DHS). SWF is responsible for the planning and design of the project. SWF transferred the final design to SPL to award the construction contract and for all post award activities. However, SWF is still involved with all design aspects of this project.

2. DESCRIPTION OF ACTION: In support of Customs and Border Patrol (CBP) and the Brown Field Border Patrol Station construction project, approval is requested for a Justification and Approval (J&A) to award a single source construction modification to Straub Construction Inc. on contract W912PL20C0020, Brown Field Border Patrol Station. This modification will incorporate design and construction requirements that comprised an expired option included in contract W912PL20C0020.

Contract W912PL20C0020 was awarded on April 20, 2020 for the construction of a Border Patrol Station capable of supporting 400 agents, approximately 53,500 sq ft. It also includes a detention area with a capacity for 130 detainees and a 2-lane sally port capable of holding two buses. The contract also includes ancillary support facilities and structures to meet the minimum mission requirements for US Border Patrol agents and includes items such as dog kennel, helipad, earthwork; utility work; landscaping;

pavements; structural; civil; mechanical; electrical; plumbing; sanitary features;

architectural; interior and exterior finishes; security features; relocations; highway roadwork and project management, including safety, quality control and superintendence.

The contract awarded included a base bid with 10 options. Option 1 and 8 had to awarded within 360 calendar days from notice of award while Options 2, 3, 4, 5, 6, 7, and 9 had to awarded by July 30, 2020. Option 5 (contract line item 0011) is for the Communication Tower. However, before funding was available to exercise Option 5, the Option expired. Moreover, since the time of contract award, significant design changes were required to increase the height of the tower from 100 feet to 140 feet.

The type of funds utilized will be DHS construction funds which have been accepted by USACE in pursuant to an Economy Act agreement between DHS and USACE. The estimated total value of the contract modification is . The total amount of the contract after award of this modification will be approximately . The period of performance for this modification is anticipated to be six months and must begin immediately to meet this schedule. It is imperative that the schedule be met to ensure that the southern border of the United States is secure and to minimize major impacts to cost and schedule of the contract.

3. DESCRIPTION OF SUPPLIES/SERVICES: The purpose of this modification is to construct a Communication Tower and foundation in accordance with modified contract specifications and revised drawings. All work for this modification will be located within the confines of the new Brown Field Border Patrol Station, Dulzura San Diego, California.

The Communication Tower is to be constructed out of galvanized steel self-supporting tower with concrete foundation to 140 feet in height (originally 100 feet) expandable to a future height of 180 feet. The tower will support communications, include an antenna climbing ladder or apparatus, all safety devices, grounding system, and electrical power to the top of the tower. The tower will include a Federal Aviation Administration approved obstruction lighting.

4. AUTHORITY CITED: 10 USC § 2304(c)(1) or 41 USC 3304(a)(1), as implemented by FAR 6.302-1(2)(iii)(B), Only one responsible source and no other supplies and services will satisfy agency requirements.

5. REASON FOR AUTHORITY CITED: Straub Construction, Inc. is the original source of the construction services at this location. The original source is the only responsible source for the provision of the construction services in question because award to another source would be a substantial duplication of cost to the Government and cause unacceptable delay in fulfilling the DHS requirements.

Justification: The locations of the work detailed in Paragraph 3 above lie within the project limits of contract W912PL20C0020. This work was originally included as an option under contract number W912PL20C0020. The period to exercise Option 5 (contract line item 0011) expired and CBP also revised the Communication Tower design change to contract W912PL20C0020.

Without procuring this requirement through a modification to the already-existing contract, the Government would be unable to undertake construction this fiscal year and would not meet the intent of the project. The Communication Tower is a vital requirement for the daily operations of this facility. The facility could not operate at full capacity without including this requirement. The available funds for this contract action expire at the end of this fiscal year (FY2021). If funds are not obligated, DHS would require re-programming, which is estimated to be a 12-month task, thus causing a serious delay in the construction phasing and scheduling that would result in hundreds of thousands of dollars in extended overhead expenses. These schedule impacts are an unacceptable delay and the mission would suffer as the facility would be deemed inoperable.

The current project site is in a confined space within the limits of the new Border Patrol Station. It is virtually impossible to have two Contractors working side-by-side to construct the Communication Tower. Furthermore, there would be a substantial duplication of cost to the Government if this contract action is not performed under a modification. A new award would translate with additional labor expenses for a Superintendent, a Quality Control Manger, and a Site Safety Manager. There would be duplication of administrative costs for another Contractor to mobilize, coordinate, and schedule deliveries of materials. The current Contractor would not include these additional costs as they are already included in the original award of the contract. There will be a substantial duplication of cost to the Government that would not be recovered through competition.

Alternatives: SPL examined as alternatives to the proposed action a traditional design-bid-build contract using full and open competition, and the use of a recently awarded Multiple Award Task Order Contract issued by SWF. A traditional design-bid-build project acquired in accordance with the requirement for full and open competition under the Competition in Contracting Act (CICA) could take upwards of 9-12 months to award based upon historical averages for contracts of this dollar amount. The time savings achieved through use of other than full and open competition is 8-11 months and this time savings is critical in order for construction to begin as soon as possible, supporting the urgent nature of this procurement, and to ensure complete operational control of the southern border. Additionally, this alternative is the use of recently awarded Multiple Award Task Order Contracts issued by SWF. Once again, the timeline to solicit and award this requirement could take 9-12 months, result in hundreds of thousands of dollars duplicated construction expenses with another Contractor (Superintendent, QC/SSHO, administrative support, etc), present serious coordination issues between two usable facility for DHS due to the procurement time for another solicitation.

Impact: The intent of the Brown Field Border Patrol Station is to support 400 agents, in a 53,500 sq ft facility. The facility includes a detention area with a capacity for 130 detainees and a 2-lane sally port capable of holding two buses. Border Patrol Agents are focused 24/7 on securing our international land borders and coastal waters between ports of entry. They safeguard the American people from terrorists and their weapons, drug smugglers, and illegal entry of undocumented aliens.

The Brown Field Border Patrol Station is located in the City of San Diego, approximately midway between the San Ysidro and Otay Mesa Ports of Entry. The Brown Field area of operation covers 11.6 linear miles of the international border with Mexico and encompasses approximately 568 square miles of mountainous, mesa and valley terrain, beginning at Colonel's Peak Ridgeline on Otay Mountain and extending east to the Tecate Port of Entry and as far north as the City of Poway. The Brown Field area of operation is bordered by the Chula Vista Station to the west and the El Cajon Station to the east.

Completion of this new facility with the Communication Tower is critical in the comprehensive operations of DHS. The Communication Tower is required for full and complete operations due to the mountainous and valley terrain. There will be unacceptable delays in fulfilling the agen coordination and scheduling for this work. DHS cannot afford to delay the completion of this facility and construction of the Communication Tower is critical to the mission.