JOFOC PNUM 30334067 DB Temp Facilities and Utilities at SPI.pdf

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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) 6.103 (FAR Class Deviation 25-11) and in accordance with the requirements of FAR 6.104 (FAR Class Deviation 25-11), the justification for the use of the statutory authority under FAR

6.103 (FAR Class Deviation 25-11) is justified by the following facts and rationale required under FAR 6.104-1 (FAR Class Deviation 25-11) as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Office of Contracting and Procurement - Shore Infrastructure (CG-SHORE-C) Civil Engineering Unit Miami proposes to enter into a contract on a basis other than full and open competition.

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

(a) Nature of the action: USCG intends to procure on a sole source basis to furnish, deliver, and install temporary modular facilities and utility connections at USCG Station South Padre Island (SPI). The Temporary facilities will support approximately 50 personnel.

(b) Name and address of the contractor: JVR LLC 128 Seale Rd

San Antonio, TX 78219 Unique Entity ID: DJ3BBTYS5CM1

(c) Type of action: Firm Fixed-Price Contract

(d) Estimated total value (including options): The independent government cost estimate for the base bid is $6,390,672.00 with option item 1 estimated at $141,107.00, for a total estimated construction contract amount of $6,531,779.00.

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2026

(g) Solicitation number: 70Z08225RCEUM0059

(h) Background information about the requirement: USCG Station South Padre Island serves as a critical operational hub for securing the southern border and safeguarding the American people.

The station plays a vital role in conducting search and rescue operations, law enforcement activities, and maritime security missions in the Gulf of America and surrounding areas. In April an immediate need to address the loss of operational facilities. The fire necessitated the demolition of the existing Station infrastructure and the rebuilding of the Station as quickly as possible to restore full operational capacity. To ensure continuity of operations during this rebuilding effort, temporary modular facilities must be installed and fully operational before the demolition and reconstruction efforts can begin. The temporary modular facilities will serve as interim operational spaces, ensur

Last Updated 08/07/25 2 operations, ensure mission continuity, and support the rebuilding timeline. Their installation and permanent infrastructure is rebuilt. This project directly safeguard the American people and secure the southern border, making it a top priority for timely execution.

3. Description of Supplies/Services.

The Coast Guard requires design and installation of temporary trailer facilities, including training, galley, berthing, office, medical exam, administration, restroom, storage, and fitness trailers. Work includes stie preparation, installation of concrete landing pads, raised trailer supports, fire separation, utility infrastructure (power, water, sewer, communications), and life-safety/security features in compliance with USCG requirements. Without adequate facilities, personnel cannot be housed, fed, trained, or supported to carry out these missions. Providing temporary trailers facilities ensures uninterrupted operations, preserves mission readiness, and safeguards the health and welfare of station personnel during the construction and transition period.

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)(1) implemented by the FAR Subpart 6.302-1 (FAR Class Deviation 25-11) entitled One Responsible Source and No Other Supplies or Services Will Satisfy Agency

5. Identification of Exception to the Buy American Act.

There are no exceptions applicable to the Buy American Act for this requirement.

6. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

(a) Rationale for Using the Authority FAR Subpart 6.302-1 The authority under FAR Subpart 6.302-1, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements," is being invoked for this procurement because the requirement is uniquely suited to the current contractor already on-site. The contractor possesses the specialized knowledge, familiarity with the site, and mobilization necessary to meet the urgent needs of the agency. The rationale for using this authority includes:

Urgency of Requirement: The requirement is time-sensitive and critical to the agency's mission. The contractor is already mobilized and actively working on another project at the site, which positions them to immediately address the new requirement without delay.

Cost and Time Savings: Engaging a new contractor would require additional time for mobilization, site familiarization, and onboarding, resulting in significant delays and increased costs. The current contractor's presence and familiarity with the site ensure continuity and efficiency.

Specialized Expertise: The contractor has developed a unique understanding of the site and its operational requirements through their ongoing work. This expertise cannot be replicated by another vendor within the required timeframe.

(b) The need for other than full and open competition arises from the following circumstances:

Urgent Nature of the Requirement: The agency has an immediate need for the product or

Last Updated 08/07/25 3 service to address critical operational requirements. Delays in procurement would jeopardize the agency's ability to fulfill its mission.

Contractor Already On-Site: The contractor is currently performing work at the site under a separate contract. They are fully mobilized, familiar with the site conditions, and have established relationships with stakeholders, which allows them to seamlessly transition to the new requirement.

Cost and Time Savings: Utilizing the current contractor avoids the duplicative costs and delays associated with onboarding a new contractor. This includes costs for mobilization, site preparation, and familiarization with the operational environment.

(c) Several alternatives were considered to determine if full and open competition could be achieved, but none were viable:

Engaging a New Contractor: Procuring a new contractor through full and open competition was considered but rejected due to the time required for solicitation, evaluation, and award.

Additionally, a new contractor would need time to mobilize and familiarize themselves with the site, resulting in unacceptable delays.

Delaying the Requirement: Delaying the procurement to allow for full and open competition was considered but deemed infeasible due to the urgent nature of the requirement. Delays would compromise the agency's ability to meet its operational objectives.

(d) Failure to approve this Justification and Approval (J&A) would have significant adverse impacts on the agency's mission, including:

Operational Delays: The inability to procure the required product or service in a timely manner would delay critical operations, jeopardizing the agency's ability to fulfill its mission.

Increased Costs: Procuring a new contractor would result in higher costs due to mobilization, onboarding, and potential inefficiencies during the transition period.

Loss of Continuity: The current contractor's familiarity with the site and operational requirements ensures continuity and efficiency. Engaging a new contractor would disrupt this continuity and potentially compromise the quality of the deliverable.

Mission Failure: The agency's ability to meet its operational objectives would be compromised, resulting in potential security, safety, or strategic risks.

(e) The procurement requires the contractor to furnish, deliver, and install temporary modular facilities that meet the following specific requirements:

Capacity and Functionality: The modular facilities must accommodate approximately 50 personnel and include spaces for administrative functions, sleeping quarters, restrooms, and common areas. The design must meet USCG operational and safety standards.

Utility Connections: The contractor must provide all necessary utility connections, including electrical, water, and wastewater systems, ensuring the facilities are fully operational upon installation.

Compliance with Standards: The facilities must comply with applicable building codes, safety regulations, and USCG-specific requirements, including hurricane resistance and environmental considerations.

Timely Delivery and Installation: The facilities must be delivered and installed within a strict timeline to avoid disruptions to USCG operations. The contractor must be capable of meeting the required timeline without delays.

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Site-Specific Adaptations: The contractor must have the capability to adapt the modular facilities to the unique conditions of the SPI site, including environmental and logistical challenges.

(f) The sole-source procurement is justified based on the following factors:

Site Familiarity and Existing Presence: The identified contractor has prior experience logistical, environmental, and operational conditions. This familiarity ensures efficient and effective delivery of the required facilities.

Proprietary Design and Integration: The contractor offers modular facilities that are specifically designed to integrate with the existing infrastructure at SPI. These designs are proprietary and cannot be replicated by other vendors without significant delays and costs.

Proven Performance: The contractor has a proven track record of delivering similar modular facilities for other USCG installations, demonstrating their ability to meet the stringent requirements for quality, safety, and timeliness.

(g) Information on why only one contractor is capable of fulfilling the requirements:

Lack of Site Familiarity: Other contractors would require additional time and resources to familiarize themselves with the SPI site, leading to delays in delivery and installation.

Inability to Meet Timelines: The urgent nature of the requirement necessitates a contractor who can immediately mobilize and deliver the facilities. Other contractors would face delays due to the need for site assessments, design modifications, and logistical planning.

Specialized Requirements: The modular facilities must meet specific USCG standards for safety, durability, and functionality. Other contractors may lack the expertise or resources to meet these specialized requirements within the required timeframe.

The contractor offers modular facilities that are specifically designed to integrate with the existing infrastructure at SPI. These designs are proprietary and cannot be replicated by other vendors without significant delays and costs.

(h) The identified contractor possesses the following unique capabilities and qualifications that form the basis for this justification:

Experience with USCG Requirements: The contractor has extensive experience designing and delivering modular facilities that meet USCG operational standards, including compliance with safety, environmental, and durability requirements.

Rapid Mobilization and Delivery: The contractor has demonstrated the ability to rapidly mobilize resources and deliver modular facilities within tight timelines, minimizing disruptions to USCG operations.

the specific needs of the South Padre Island site, ensuring seamless integration with existing infrastructure.

Established Relationships: The contractor has established relationships with local vendors and subcontractors, enabling efficient coordination and execution of the project.

(i) Failure to procure the temporary modular facilities and utility connections from the identified contractor would have the following adverse impacts on the USCG:

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Operational Disruptions: Without the temporary facilities, the USCG will face significant disruptions to its operations at South Padre Island, potentially compromising mission readiness and effectiveness.

Delays and Increased Costs: Engaging a new contractor would result in delays due to the need for site assessments, design modifications, and mobilization. These delays would increase costs and negatively impact the project timeline.

Risk to Personnel and Assets: The lack of adequate facilities could compromise the safety and well-being of USCG personnel stationed at South Padre Island, as well as the security of critical assets.

requirements ensures continuity and efficiency. Engaging a new contractor would disrupt this continuity and potentially result in suboptimal outcomes.

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

(a) Planned Announcement in SAM.gov: Justification shall be made publicly available on SAM.gov within 14 days of the contract award.

(b) Acquisition Planning Forecast System (APFS) Posting: The requirement was posted in the APFS system under identifier F2025072057 to ensure transparency and compliance with internal procurement planning processes.

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 the following preliminary considerations, even though pricing has not yet been received:

(a) The IGCE has been prepared based on historical pricing, market research, and technical input from subject matter experts. Once pricing is received, it will be compared to the IGCE to ensure that it is ions for this procurement.

(b) Preliminary market research has been conducted to identify industry standards and commercial pricing for similar modular facilities and services. The contracting officer will use this research to assess the reasonableness of the pricing once it is submitted.

(c) The anticipated use of the identified contractor, who is already mobilized and familiar with the site, is expected to result in cost avoidance. This includes eliminating additional costs for mobilization, site assessments, and onboarding. These avoided costs will be factored into the determination of fair and reasonable pricing.

(d) Once the contractor submits their pricing, the contracting officer will evaluate the proposal to ensure that the pricing reflects the scope of work, including furnishing, delivery, installation, and utility connections for the temporary modular facilities. The evaluation will ensure that the pricing is commensurate with the level of effort and resources required.

(e) If the initial pricing appears inconsistent with historical data, market research, or the IGCE, negotiations will be conducted to ensure that the final agreed-upon price is fair and reasonable.

9. Description of Market Research.

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(a) Under FAR Part 10, the USCG conducted limited market research due to the urgency of the approach ensures timely fulfillment of the requirement while maintaining operational readiness and avoiding unnecessary costs or delays.

(b) The streamlined market research techniques employed, including the review of contractor performance, Dynamic Small Business Search Engine results, capability briefings, historical pricing data, and IGCE development, provided the contracting officer with sufficient information to determine that the anticipated pricing from the contractor already on-site would be fair and and cost-effectively.

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

(a) The technical data packages, specifications, statement of work, and purchase descriptions for this requirement are tailored to the unique operational needs of USCG Station South Padre Island. These requirements are site-specific and include proprietary designs and configurations that are integral to the ident infrastructure at South Padre Island make these documents unsuitable for full and open competition.

Modifying these documents to accommodate other vendors would compromise the quality, functionality, and timeliness of the deliverables.

(b) The requirement cannot be modified to enhance competition due to the following reasons: urgency, site-specific expertise, cost implications and continuity.

(c) If full and open competition were pursued, the government would incur the following duplicated costs: mobilization costs, costs associated with site familiarization and assessment, design adjustment and engineering costs, and other delay and operational costs.

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

The requirement will not be posted to the public for open competition because the contractor already on-site is uniquely qualified to meet the site-specific needs of the project.

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 is committed to removing barriers to competition and ensuring future acquisitions are conducted in a manner that maximizes vendor participation. These actions will enhance transparency, reduce costs, and ensure the agency continues to meet its operational needs effectively. The focus will remain on minimizing the need for additional sole-source awards and transitioning to competitive procurements as soon as practicable.

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13.

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.

Karina Gudiel Office of Contracting and Procurement, CG-SHORE-C Contracting Officer

14. Technical/Requirements Personnel Certification.

a basis for the justification, is accurate and complete.

LCDR Graham S. Sherman USCG Civil Engineering Unit Miami Technical Representative

15. Final Approver.

Frederick Steward

PEO-AIR, PEO-C5I, PEO-RAS, PEO-SHORE

Procuring Activity Advocate for Competition (PAAC)