JA-SILC-NAEIncreaseHCAsigned.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 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) Nature of the action: SILC CON intends to execute modifications to all ten (10) DHS/USCG Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCs) to increase the maximum total value. This would be the second increase to the program ceiling and is required to meet the demand from within the USCG as well as other Components (the Nationwide Architecture/Engineering (A/E) II contract is a DHS Strategic Sourcing Contract Vehicle that is available to all components). Specific demand from the USCG is to address immediate requirements for critical waterfront and pier repairs, design and construction services for facilities and Air Stations, and engineering studies while the recompete of the next generation of vehicles is being planned.

The Coast Guard has approximately $10‐15M of critical requirements to execute at the end of FY24 including critical facility condition assessments and Inventory Condition Assessment Mapping (ICAM).

Additionally, the Coast Guard has identified an additional potential $20M of A&E planning requirements through FY25.

Approval is sought for an increase in capacity by $75 Million. No change in the contract ordering period is required. Discipline and indirect rates including annual escalation have been negotiated and determined fair and reasonable. Based on the established acquisition planning and associated milestones of the re‐procurement, we anticipate the enhanced MATOCs to be available for use by Fiscal

Year (FY) 2026.

All contractors will continue to receive fair opportunity on task orders that are consistent with Brooks

Act, qualifications‐based selection. A list of the active contracts is provided below.

(b) Name and address of the contractors: The IDIQ MATOC consists of 10 separate IDIQ contracts as follows:

Large Business Firms:

70Z05018DTRANSY01 – TranSystems

2400 Pershing Rd Ste 400, Kansas City, MO 64108‐2500

70Z05018DAMFWHD02 ‐ Wood HDR Joint Venture

220 Horizon Drive Suite 117, Raleigh, NC 27615

70Z05018DSTVMON03 ‐ STV Moffatt Nichol JV

225 Park Ave S Fl 5, New York, NY 10003‐1604

70Z05018DBERBAM04 – WSP USA Solutions Inc.

1250 23rd St NW 3rd Fl, Washington DC 20037‐1164

70Z05018DCLANEX05 ‐ Clark Nexsen

4525 Main St Ste 1400, Virginia Beach, VA 23462‐3375

70Z05018DAECOMT06 ‐ AECOM Technical Services

300 S Grand Ave Suite 1100, Los Angeles, CA 90071‐3173

70Z05018DSCENGS10 ‐ SC Engineers

17075 Via Del Campo First Fl, San Diego, CA 92127‐1711

Small Business Firms:

70Z05018DMARDON07 ‐ Marcy Wong Donn Logan

800 Bancroft Way, Berkeley, CA 94710‐2227

70Z05018DKZFNPL08 ‐ KZF Design/Burgess & Niple

700 Broadway St, Cincinnati, OH 45202‐6011

70Z05018DREIDMI09 ‐ Reid Middleton

728 134TH St SW Ste 200, Everett, WA 98204‐5322

(c) Type of action: Contract Modifications.

(d) Estimated total value (including options): The ‐ aggregate capacity increase is from $200M by $75M to $275M.

(e) Type of funding: Applicable at task order level.

(f) Year of funding: Applicable at task order level.

(g) Background information about the requirement. The National A/E MATOCS were synopsized as HSCG50‐17‐R‐PNWAE1 and multiple contracts were awarded on 6 November 2017. The MATOCS had an aggregate ceiling of $150 Million for ten years through 5 November 2027. On 1 May 2023, a Justification and Approval was approved to increase the aggregate ceiling amount of the National A/E MATOCs from $150 Million to $200 Million, to meet immediate and critical needs. Thereafter, the USCG and other DHS components heavily increased the usage of this strategic sourcing vehicle, which significantly reduced the remaining capacity available to meet remaining immediate and critical needs.

As of 8 August 2024, there is appropriately $15.1 Million in remaining capacity.

3. Description of Supplies/Services.

The DHS Nationwide A/E contract provides professional A/E Services for Components within the

Department of Homeland Security. Work is confined to the 50 states and its territories (Puerto Rico and

Guam), and includes, but is not limited to, miscellaneous general engineering and architectural services including architectural, mechanical, structural, civil, sanitary, geotechnical, and coastal engineering.

Additionally, this contract can provide design review services.

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.

Not applicable.

6. Demonstration that the Proposed Contractor's Unique Qualifications or the Nature of the

Acquisition Require Use of the Authority Cited.

The existing contract was awarded consistent with FAR Subpart 36.6 Architect‐Engineer Services and the

Selection of Architects and Engineers statute (formerly known as the Brooks Act). The contractors have unique specialized experience and competencies that were assessed during the procurement process.

These include the ability to perform specialized waterfront and shore support facility engineering services including inspections, condition assessments, and studies, permitting support, planning and design. Each existing contract has discipline and indirect rates that have been determined fair and reasonable. The USCG has reviewed its other A/E IDIQ contracting vehicles and they do not have the specialized experience or competencies needed to perform. Re‐procurement of the existing contract vehicle is approximately 15 months away and recent A/E IDIQ procurements have averaged over two years to award. Additionally, sufficient dollar capacity will be needed for task order modifications and options.

Currently, the Nationwide DHS A/E IDIQ contract has nearly reached the maximum capacity stated in the contract ($200 Million); however, the anticipated period of performance has significant time remaining

(final option goes through 5 November 2027). This contract was unrestricted with a small business reserve, and provides for competition among ten top‐tier A/E firms who specialize in the type of work required by the terms of the contract. The current contract provides both a highly efficient method to award individual tasks and it ensures an immediate response from the highly qualified A/E firms who already have working relationships with our offices. Task orders can be awarded in three to five months.

Other existing USCG A/E IDIQs do not have the specialized capabilities, comprehensive area of responsibility (AOR) coverage, nor compatible scopes of work that align with the Nationwide DHS A/E

IDIQ. This contract vehicle is unique as it is a DHS Strategic Sourcing Contract Vehicle, essential to DHS component mission fulfillment.

The contract vehicle is critical for DHS component mission execution and has seen a surge in recent use without reliable forecasting from DHS components. Since 1 May 2023 (execution of J&A to increase dollar capacity) obligations have totaled $61,157,961.13. USCG is the primary user of the contract vehicle ($151.2M). Notable component use:

*U.S. Customs and Border Protection: $12.6M

*U.S. Secret Service: $10.2M

*U.S. Immigration and Customs Enforcement: $4.9M

*Federal Law Enforcement Training Center: $4.2M

A modification to increase the aggregate capacity that the government may order on the contract, while keeping the current contract ordering period stated in the original contract, is needed. Without this additional capacity on the new contract, the contracting offices would be forced to utilize less efficient contracting methodologies with the result that there would be compounded problems with the progress of ongoing programs and the efforts to award the new contract. If the aggregate capacity of the existing contract is not increased, there will be substantial duplicate and inefficient efforts to award other contracts that will erode resources necessary to restore mission essential Coast Guard facilities in accordance with the appropriations provided by Congress that specifically stipulated the increased efforts.

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 SAM.gov Contract Opportunities within fourteen (14) days after contract modification.

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 price(s) will be fair and reasonable based on negotiated discipline and indirect rates listed in the IDIQs that have been determined fair and reasonable. Each task order that is awarded with the additional capacity will be assessed and determined fair and reasonable by methods consistent with FAR 15.4. The methods will include comparison to an independent government estimate, use of technical analysis, and historical information.

9. Description of Market Research.

Market research was conducted prior to procurement of existing Nationwide Architecture/Engineering

(A/E) contract and as part re‐procurement efforts with synopsis issued December 2022. The USCG is currently in the process of re‐procuring the contract vehicle with approximately 15 months remaining in the process to finalize slate, complete selection, and negotiation of new contracting vehicle.

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

The synopsis for the re‐procurement of the Nationwide DHS A/E multiple award IDIQ III, 70Z05023RNATAE1 was posted to SAM.gov on December 02, 2022. Architect‐Engineer firms submitted their SF 330s by January 18, 2023. A/E Interviews are anticipated to take place in October 2024, with

Selection documentation to be drafted and finalized in 1st/2nd Quarter of FY 2025. This will be followed by rate negotiation, subcontracting plan approval, and contracts formation.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition.

Not applicable because the USCG intends to modify all 10 existing contracts.

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.

The USCG does not foresee any barriers to competition. Under these MATOCS, contract holders can compete for task orders. In addition, the USCG is currently re‐competing the next generation of this contract vehicle under full and open competition.

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.

Gabriel D. Perez

Senior Field Contracting Officer (SFCO)

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 the justification, is accurate and complete.

Laura Smolinski

Technical Representative

RECOMMENDED FOR APPROVAL:

Mark W. Snell Date

Chief of the Contracting Office (COCO)

Frederick Steward Date

Procuring Activity Advocate for Competition (PAAC)

APPROVAL:

Keith J. O’Neill Date

Head of the Contracting Activity