JOTFOC ARFF 021522_rev21_01JUN22_Redacted.pdf

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, United States Coast Guard (USCG) Director of

Operational Logistics, Office of Procurement and Contracting, Commercial Support

Services Branch (DOL-932) prepared this justification for other than full and open competition.

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

(a) Nature of the action: The USCG has a requirement to procure on a sole source basis a firm-fixed-price (FFP) requirements contract for Aircraft

Rescue and Fire Fighting (ARFF) services at USCG Air Station

Sacramento, McClellan, CA. Air Station Sacramento is part of the USCG

District 11 Command.

(b) Name and address of the contractor: McClellan Business Park, LLC

(MBP) 3140 Peacekeeper Way, McClellan, CA 95652.

(c) Type of action: Requirements Contract with FFP orders;

(d) Estimated total value (including options): The estimated cost is for a base period from 1 September 2022 to 31 August

2023 and one (1) option period. The option period, if exercised by the

Government, will extend performance through 31 August 2024.

Period Total

Base Period

Option Period 1

Total

Current contract HSCG84-17-C-LAS017 with MBP expires 30 June 2022.

Bridge contracts with MBP will expire 31 August 2022.

(e) Type of funding: Funding will be Operations and Sustainment (OSM);

(f) Year of funding: Fiscal Years 2022-2023

(g) Solicitation number: 70Z08422RA1152800

(h) Background information about the requirement: The Air Station is located on the former McClellan Air Force Base in Sacramento, CA. The Air

Force Base officially closed on 13 July 2001. Under the Base

Realignment and Closure Commission (BRAC), the County of

Sacramento was selected as the Local Redevelopment Authority (LRA).

In November 2001, the County of Sacramento and MBP entered a 99-year agreement in which MBP is responsible for the operation and maintenance of Airfield Facilities.

(3) Description of Supplies/Services.

The contractor shall provide all management, personnel, equipment, tools, materials, and transportation to provide Airfield Operations and Management Services including ARFF services in support of USCG Air Station Sacramento. The Airfield Operation and

Management services includes runways, taxiways, clear-zones, ramps and aircraft parking areas, navigational aids to support Instrument Flight Rules Operations, and

Automated Weather Observation System. The ARFF services include training and staffing in accordance with COMDTINST M5100.47D (series), Safety and

Environmental Health Manual and National Fire Protection Association (NFPA) 403 standards. This includes the provision of ARFF vehicle and associated maintenance and repair, the provision of ARFF necessary equipment and emergency communication systems, and environmental spill response, in accordance with NFPA 412 and 414 standards.

(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), as implemented by FAR 6.302- 1, entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

(5) Identification of Exception to the Buy American Act.

This action does not have any exceptions to the Buy American Act.

(6) Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

This requirement is being issued on a sole source basis as MBP is the only known service provider with the ability to provide airfield services at Air Station Sacramento.

It is necessary to restrict these services as a result of the 99-year leasing agreement with the County of Sacramento and MBP, and the necessity for the USCG to conduct flight operations from Air Station Sacramento

ARFF services are mandatory for Coast Guard flight operations as per COMDINST

M11320.1; and MBP holds title to the fire and protection system. Therefore, these services will be needed without interruption for an indefinite period of time or until other future alternatives become available. If this justification is not approved, Air Station Sacramento will be without ARFF Services, placing the entire USCG Station Personnel in danger, to include potential loss of life, should a fire emergency occur.

(7) Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

An effort to promote full and open competition was completed with a Sources Sought

(#70Z08421RA1152800) notice posted on SAM.Gov on July 28, 2021. The publication notified industry that it is the Coast Guard’s intent to acquire the Airfield Operations and

Management Services including ARFF services in support of USCG Air Station

Sacramento. The market research revealed that MBP is the only source authorized to provide these services because they are the Lessee and hold title to the fire protection systems.

Finally, this procurement is posted in the DHS-Acquisition Planning Forecast System

(APFS) No. F2021054345 at http://apfs.dhs.gov. on June 6, 2021.

(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 prices will be fair and reasonable based on an analysis of the Contractor’s price proposal along with, a comparison to historical data, a comparison to the IGE, an analysis based on technical and contracting knowledge of the industry, and additional market research. The Contracting Officer anticipates that the prices for this procurement will be fair and reasonable.

(9) Description of Market Research.

A Sources Sought Notice was published 28 July 2021, five (5) vendors responded, but only MBP can fulfill this requirement. The extensive market research revealed that there are other contractors who provide Fire Protection services in the commercial marketplace. However, these contractors who could, otherwise, be competitive with

MBP, do not currently have the authorization to provide required services due to the 99 year leasing agreement between MBP and the County of Sacramento.

Based on market research, there are a number of vendors capable of providing services but they do not process the authorization required to provide services. The Quick

Market Search and Dynamic Small Business Search using NAICS Code: 561990 (All

Other Support Services - Firefighting services as a commercial activity) for ARFF

Services was conducted. The research data regarding the 8(a) certified, small business, HUBZone certified, Service-Disabled Veteran, Veteran, Women Owned program participants revealed two (2) Veteran firms and two (2) Women Owned firms.

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

N/A

(11) A Listing of the Sources, if Any, that Expressed, In Writing, an Interest in the

Acquisition.

A Sources Sought Notice was published 28 July 2021. Five (5) vendors responded and are as follows:

(12) A Statement of Actions, if Any, the Agency May Take to Remove or Overcome Any

Barriers to Competition Before Any Subsequent Acquisition for Supplies or

Services Required.

DOL-932 will continue to conduct market research on an annual basis and monitor the industry for opportunities to remove competition barriers. At this time, a sole source contract to MBP remains the most cost effective acquisition strategy for the USCG over the next two (2) years.

Company Name Address Business Size

Sunik, LLC Herndon, VA 8(a) Small Business

Beacon OHSS Inc. Anchorage, AK

Women-owned Small

Business

Calidad Industries Oakland, CA Ability One

CGH Global Emergency Management

Strategies, LLC Cincinnati, OH Small Disadvantaged

Midwest ATC Service, Inc Overland Park, KS Large