JA - CEILING INCREASE 01C20D0018 RGV 08282025_APPROVED.pdf

Version 3.0 November 2020

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Directed 8(a) to Alaska Native Corporation (ANC) Bilateral Modifications to Increase Task Order Value

FAR 6.303-1 and 19.808-1

Contract: 70B01C20F00000497 and 70B01C21F00000556 – Rio Grande Valley, TX Tactical Infrastructure (TI) Scheduled and Unscheduled Maintenance and Repair.

1. Agency and Contracting Activity.

Through this justification for other than full and open competition, the U.S. Department of Homeland Security (DHS), United States Customs and Border Protection (CBP), Office of Acquisition, proposes to modify two existing task order contracts (70B01C20F00000497 and 70B01C21F00000556), awarded to Koman Construction LLC, an 8(a) ANC contractor, pursuant to FAR 19.808-1 and 6.303-1, to continue services for tactical infrastructure maintenance located in the Rio Grande Valley, Texas Sector along the U.S./Mexico Border.

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

CBP currently has task order contracts with active periods of performance that are past the end date of the Indefinite Delivery Indefinite Quantity (IDIQ) for the scheduled and unscheduled maintenance of CBP tactical infrastructure assets in the Rio Grande Valley, Texas Sector.

CBP has extended the period of performance for the existing task orders 70B01C20F00000497 (scheduled maintenance and program management) and 70B01C21F00000556 (unscheduled maintenance including Carrizo Cane removal) under IDIQ contract 70B01C20D00000018 in order to continue critical services for tactical infrastructure (TI) maintenance and repair until the recompete IDIQ contract is awarded (3rd quarter fiscal year 2026). In order to keep these critical services active under the current task orders, an increase in the amount of $6,939,695.67 is required for the task orders.

3. Description of Supplies/Services.

CBP has acquired contractor services to perform maintenance, repair and improvement services for TI assets in the Rio Grande Valley Sector including roads, bridges, fences and gates, vegetation control, debris removal (including Carrizo Cane), border lighting and electrical, draining and grate systems, tunnel remediation, shelters and generators.

This bilateral modification action to the existing task order contracts will increase the value and permit critical TI maintenance requirements to continue. The period of performance for both will be: August 27, 2025 through June 4, 2026. The overall effect on the value of the two task orders is listed below:

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

The authority permitting other than full and open competition is 13 C.F.R 124.506(b)(5), Federal Acquisition Regulation (FAR) FAR 19.808-1 and 6.303-2 entitled “Unusual and Compelling Urgency.”

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

This action is the result of a continuing need for maintaining essential infrastructure located at the southern border. There remains an urgent need to protect the TI assets located at the southern border which are impacted by weather, animals, and immigrant traffic. On January 20, 2025, Presidential Declaration “Declaring a National Emergency at the Southern Border of the Unites States” was issued. The border infrastructure contained in the requirements of this contract directly impacts the effectiveness and resiliency of tactical infrastructure in support of critical border security.

Koman is the only contractor that can meet this immediate requirement and mobilize to the work sites within the time required given that they are currently performing the requirements of the Statement of Work under the current contract, have the expertise, and the CBP background cleared staff in place to continue these essential services.

The period of performance for work under this action shall be less than one year (10 months), in accordance with FAR 6.302-2(d)(1)(ii). The work involved under these task orders are for work within scope.

Another contractor would result in substantial duplication of costs, resources, space, and staffing to perform the requirement. Further, the time for solicitation, evaluation, and the CBP background investigation process would result in the services being delayed for several months. This presents a grave risk to several aspects of border security to include endangering the lives of the community and law enforcement officers.

Requirement Ceiling Increase

08/27/2025-06/03/2026 Program Management (RGV) $460,473.48 Scheduled Maintenance (RGV) $367,464.07 Unscheduled Maintenance (RGV) $5,861,758.12 Specialized Funding (RGV) - CARRIZO CANE $250,000.00

Total Ceiling Increase: $6,939,695.67

New Ceiling Amount: $31,939,695.67

RIO GRANDE VALLEY Sector (RGV)

Finally, the actions of this contract are only required for a temporary time period due to the upcoming award of the CBP IDIQ competitive recompete contract for these same services, and is expected to be in place during the 3rd quarter of fiscal year 2026, and prior to these task orders expiring. This time frame will allow for a transition in and out in the event a new contractor is awarded these services.

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

Koman LLC was selected for a direct award through SBA’s Alaska Native Corporation program. CBP has since began to solicit for a new IDIQ award that consolidates all Texas TI Maintenance sector locations under one contract vehicle. This action will continue services for these critical TI Maintenance services until the competitive recompete is awarded.

CBP researched the capabilities of Alaska Native Corporations (ANCs) as part of its market research for the Texas-Wide full and open 8(a) Alaska Native Corporation competitive recompete for these services in early 2025. A pre-solicitation site visit was held in April 2025. A total of 27 ANCs participated in the event. The draft RFP was issued in early May while CBP awaited DHS approval of the Acquisition Plan and Single Award Determination and Findings.

This action was not presented for public solicitation because it was determined that a new IDIQ and acquisition strategy would be pursued instead with a planned award date in June 2026.

A bilateral modification to each of the existing task order contracts will take place.

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

The Contracting Officer has determined that the anticipated price(s) will be fair and reasonable based on current and historical contract pricing under established TI maintenance contracts (70B01C20F00000497 and 70B01C21F00000556). The contractor’s costs for scheduled maintenance is firm-fixed price and unscheduled maintenance consist of fixed unit costs that were agreed upon at the time of award. As part of the price analysis, the contractor’s labor mix and level of effort will be compared to the Independent Government Cost Estimate (IGCE).

8. Description of Market Research.

CBP researched the capabilities of Alaska Native Corporations (ANCs) as part of its market research for the Texas-Wide full and open 8(a) Alaska Native Corporation competitive recompete for these services in the 3rd quarter of fiscal year 2026.

There are a limited number of vendors who can provide similar services of this action (due to the lengthy CBP background investigation process), but for the reasons stated in Section 5, others vendors would not be able to meet the urgent timeframe required without an unacceptable disruption in services. Given the delay and substantial costs that would result in awarding the added services to a new contractor indicate that Koman is the only source available to fulfill this urgent and compelling need to continue maintaining critical CBP border infrastructure requirements.

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

The requirement is to increase the task order value of two existing TI maintenance task order vehicles. If CBP were to re-solicit the requirements, the solicitation and award timeline would cause a gap in services that could last for up to a year. Any new contractor would have to recruit, staff, re-mobilize, and attempt to establish services within an expedited period of time that would be impossible to meet in order to commence this critical action, at a cost that would be prohibitive to the program.

The Contracting Officer has determined that this action is in the best interests of the government in order to maintain a level of TI maintenance services required to mitigate life and safety risks associated with various border security measures.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

No other source has expressed an interest in this modification action.

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 Required.

The Department of Homeland Security (DHS) is currently in the review and approval process to solicit a new competitive IDIQ recompete award for TI maintenance requirements along the Texas/Mexico border. That procurement action is expected to be in place prior to the end of this contract (3rd quarter fiscal year 2026), mitigating further extensions or modifications of this nature.

12. Planning and Funding Statement. This acquisition is not a result from lack of planning or expiration of funds.

13. Posting Requirement. CBP will post this requirement to the Government Point of Entry at www.sam.gov pursuant to FAR 6.305.

http://www.sam.gov/

► J&A CERTIFICATIONS

14. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office:

Name: (Print):

Title:

Signature: _______________________________ Date: _____________

15. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

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.

Name (Print):

Contracting Officer

Signature: ________________________________ Date: _____________

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $750,000 shall constitute approval of the J&A.

► J&A APPROVALS

16. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Over $750,000 to $15M)

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: ___________________________ Date: _____________

Date_3: