JA WSMR ConstructionOther than Full and Open Competition Redacted.pdf

DEFENSE THREAT REDUCTION AGENCY

8725 JOHN J. KINGM AN ROAD, STOP 6201

FORT BELVOIR, VA 22060-6201

February 2026

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND

OPEN COMPETITION

1. Nature and/or Description of Action

This is a justification for other than full and open competition to award a new sole-source, Time & Materials (T&M) letter contract to Pate Construction Co., Inc.. This action is for urgent and compelling construction support services at White Sands Missile Range (WSMR). The estimated Not-to-Exceed (NTE) value of the initial letter contract is $1,185,659.00.

The Defense Threat Reduction Agency (DTRA) contracting activity proposes to procure without using full and open competition a letter contract to Pate Construction Co., Inc. DTRA RD - Test and Assessment Department (RD-TS) requires urgent earthwork, heavy equipment support, and heavy equipment operators at DTRA test beds on WSMR to meet a pressing national security requirement. The support provided by pre-approved performers on WSMR alone is not sufficient to meet the timelines required for the testing.

2. Description of the Supplies/Services Required

The services required are the immediate and mission-critical enabling services for a "real-world" national security ordinance test. This is not routine construction; it is the highly specialized remediation and operational preparation of a unique, subterranean test facility at White Sands Missile Range (WSMR). The work is a critical path dependency for a live-fire test designed to validate classified capabilities against rapidly emerging threats. The contractor shall provide all necessary management, specialized labor, cleared personnel, and heavy equipment required to perform this complex task to the Government's exacting standards.

The services required are the immediate and mission-critical enabling services to address real world critical requirements and is in response to a time-sensitive national security directive. The core requirement is the rapid remediation and operational preparation of a subterranean test facility at WSMR. Per high level direction, the test must be executed in 2-3 weeks.

The contractor will provide all necessary management, specialized labor, cleared personnel, and heavy equipment to ensure the test site is certified and ready to meet the Government's non-negotiable test schedule.

3. Statutory Authority

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

4. Applicability of Authority

In the case of 10 U.S.C. 2304(c)(1):

The explosive test support assigned to DTRA has such a compelling urgency that any award other than sole source to the contractor, Pate Construction Co., Inc., who is already mobilized at a nearby site, would significantly impact the execution of the tests and generate delays.

5. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires the Use of the Authority Cited

Pate Construction Co., Inc. is the only responsible source capable of satisfying the agency’s minimum requirements for this action. No other contractor possesses the unique and indispensable combination of site-specific knowledge, immediate access to cleared personnel and specialized equipment, and proven experience necessary to perform this highly specialized work without introducing unacceptable mission risk.

1. Unique, Indispensable Site-Specific Knowledge: As the incumbent contractor for over a decade, Pate Construction Co., Inc. possesses unparalleled and non-transferable tacit knowledge of this specific subterranean test facility. This is a unique Government structure with complex geological and security considerations, and Pate Construction Co., Inc.’s direct, hands-on experience is a tangible asset that no other source possesses.

2. Exclusive Mobilization and Access: Pate Construction Co., Inc. is the only contractor that currently maintains a fully mobilized presence at WSMR with the specific heavy equipment and security-cleared operators required. The significant time, cost, and security hurdles for a new contractor to gain the necessary site access and badging for a sensitive national security site constitutes an insurmountable barrier to any other source realistically meeting the Government's minimum needs.

3. Mitigation of Unacceptable Performance Risk: Due to the "no-fail" nature of the supported national security test, the introduction of a new contractor would present an unacceptable risk of mission failure. Pate Construction Co., Inc.’s proven record of successfully performing this exact work provides a level of risk mitigation that cannot be achieved with any other source.

In summary, the Government's minimum need is not just for "construction," but for "risk-mitigated, expert construction on a unique, secure government facility." Only Pate Construction Co., Inc. can satisfy this complete requirement.

No other contractor can mitigate the unacceptable risk of a delayed start. The solicitation for a follow-on, competitive IDIQ contract for these services (issued 17 Feb 2026) is not anticipated to be awarded until December 2026, making it unavailable for this urgent requirement.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable:

Pate Construction Co., Inc. is the only responsible source capable of satisfying the agency’s minimum requirements for this action. The justification rests on the fact that no other contractor possesses the unique and indispensable combination of site-specific knowledge, immediate access to cleared personnel and specialized equipment, and proven experience necessary to perform this highly specialized work without introducing unacceptable mission risk.

The Government's primary vehicle for this type of construction support has been an Indefinite Delivery/Indefinite Quantity (IDIQ) contract; however, the ordering period for that IDIQ has expired, and new task orders cannot be issued. The Government is actively pursuing a long-term competitive solution. A follow-on IDIQ contract is currently in the pre-solicitation phase and will be competed using full and open competition procedures. The target award date for this new competitive vehicle is 13 Nov 2027.

Therefore, this sole-source action is necessary as a temporary bridge to satisfy the current exigent requirement, as no other competitive contract is in place to meet the immediate need.

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 determined fair and reasonable. The Not-to-Exceed (NTE) price of $1,185,659.00 is supported by several data points:

The Government prepared and submitted an Independent Government Cost Estimate (IGCE).

The contractor provided a Rough Order of Magnitude (ROM) estimate on 17 Feb 2026, which aligns with the IGCE and adequately supports the proposed NTE.

The Government has access to extensive historical cost and pricing data from recent task orders for similar work performed by Pate Construction Co., Inc.

For the final definitization of the contract, the contractor will be required to submit a qualifying proposal with certified cost or pricing data as required. This proposal will include more detailed information, such as Basis of Estimate (BOE) narratives and supporting data for all labor and material costs. This detailed information will allow the Government to conduct a thorough cost analysis and negotiate a fair and reasonable final price for the definitive Time & Materials contract.

8. Market Research Conducted and Results:

Market research confirmed that while a market for general construction services exists, no other source could be identified that possesses the specific, combined qualifications required for this action. Research focused on identifying contractors with existing, mobilized operations at WSMR, appropriate security clearances, and experience with DTRA's unique test facilities. This research confirmed that Pate Construction Co., Inc. is the only source that currently meets these minimum criteria.

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

The unclassified information provided in this justification is sufficient to support the determination that Pate Construction Co., Inc. is the only responsible source capable of meeting the Government's minimum requirements. The combination of their unique, site-specific knowledge, their exclusive on-site mobilization status, and the unacceptable performance risk associated with introducing a new contractor constitutes a clear and compelling case for this sole-source action. This justification stands on its own based on the documented facts herein.

List of Sources, if any, that Expressed an Interest in the Acquisition:

None. Given the urgency, no solicitation was issued.

A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before any Subsequent Acquisition for the Supplies or Services Required:

This sole-source action is a one-time bridge to meet an exigent need. The Government has already taken action to foster future competition by issuing a solicitation for a long-term, competitive follow-on IDIQ contract. This J&A will not be used to support future requirements, which will be competed under the new contract vehicle once it is awarded.

Program Manager/Project Officer Date

DTRA RD-TS

Contracting Officer Certification and Determination

I certify that the facts and representations under my cognizance which are included in this justification and its supporting data are complete and accurate to the best of my knowledge and belief.

Contracting Officer Date

DTRA J4CW

General Counsel Coordination

This justification is legally sufficient.

DateDTRA General Counsel / Attorney

Based on the above justification, I hereby approve accomplishment of this acquisition by means other than using full and open competition.

DTRA Competition Advocate Date