Justification and Approval FAR 12.102(b) ECS Singapore 30 SEP - 21 OCT 2026_signed.pdf

Last Updated 09/26/26 1

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3205

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by Federal Acquisition Regulation (FAR) 12.102(b), FAR Class Deviation 25-21 Rev. 1 for FAR Part 12, FAR 6.103, FAR Class Deviation 25-11 for FAR Part 6 and in accordance with the requirements of RFO 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 6.104-1 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Operational Logistics Command (LOGCOM), Contracting Office proposes to enter into a purchase order 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 meet Patrol Forces Southwest Asia (PATFORSWA) requirements for pier services for two up to (6) Fast Response Cutters (FRC) in Singapore due to displacement from home port Navy Support Activity (NSA) Base, Kingdom of Bahrain following hostile enemy fire during Operation Epic Fury. All six FRCs stationed in Bahrain were assigned under U.S.

CENTCOM to support the Navy 5th Fleet and were evacuated from the region. The PATFORSWA unit is being designated as the USCG Expeditionary Cutter Squadron (ECS) in the interim. The pier services for the FRC fleet in Singapore is critical for the completion of vital and necessary Surface Fleet Logistics Command (SFLC) dockside maintenance and engine replacements. ECS is seeking office and warehouse spaces in same location of fleet to maintain daily operations in SE Asia area of responsibility (AOR). Warehouse is required to be located near fleet pier for logistic support and management of personnel. ECS is also seeking transportation service of personnel to and from various lodging location around Singapore to pier and facility location.

(b) Name and address of the contractor:

Toll Remote Logistics (TRL) Loyang Offshore Supply Base 25 Loyang Cresent Block 103, TOPS Ave. 1, #08-01 Singapore 508988 CAGE Code: 14DL6

SAM UEI: F2CAGTSYL9L8

(c) Contract Type: New Award

(d) Estimated total value (including options): $

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Period Unit Price Total Award $900,000 $900,000

Total $

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2026

(g) Solicitation number: 70Z08426QEXCS0005

(h) Background information about the requirement: The ECS cutters are already moored at the TRL facility in Loyang, Singapore, under an earlier award and are awaiting operational tasking. This location was identified and mandated under orders from the U.S. Navy (USN) Fifth Fleet Command and passed down by USCG Atlantic Areas Command (LANTAREA). USCG SFLC has scheduled dockside maintenance periods to ensure the FRCs maintain full operational status.

Maintenance periods cycle from cutter to cuter and are continuous though the year Establishment of dedicated FRC fleet pier and ECS are critical in maintaining continuing CG operations in newly assigned AOR.

(i) Period of Performance of previously awarded pier & shore services contracts is expected to end 9/29/26. This award will establish new contact encompassing all required for pier berth, ship services, and facilities for ECS to maintain operation capability. In addition, one FRCs is currently under heavy repair due to catastrophic engine failure resulting in estimated months long repairs and movement pose greater risk to assets and personnel. ECS and Fleet have been displaced from homeport NAS Bahrain, which is no longer available resulting in the requirement for new FOB site location able to support both Fleet, maintenance/repair and shore side operations in new AOR.

3. Description of Supplies/Services. This action provides essential port services and logistical support required to establish and maintain ECS operations and Fleet repair/ maintenance schedules for displaced FRCs. The port services requirement was previously provided under contacts based on QL3 and ODMS maintenance periods. The comprehensive suite of services being provided by the contractor TRL, or Toll, at their petroleum fuel facility, is critical to ensure the vessels remain in continuous operational readiness and for the sustainment of the crews and support personnel. Period of performance for the contract will be from 30 September through 21 October 2026.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is 10 USC 3205/41 USC 1901 as implemented by RFO 12.102(b), and RFO 6.103 and in accordance with the requirements of RFO 6.104.

5. Identification of Exception to the Buy American Statute.

Not applicable as the award is for services and not for any supplies or purchases of articles.

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6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

a) Following the ordered evacuation from the Persian Gulf region, the ECS is now operating from pier space in Singapore owned by Toll. ECS operational tasking remains fluid and the scheduled maintenance period is essential. Since arrival to Singapore ECS has been operating from pier and facility spaces owned by TOLL.

Pier space and facilities were awarded under multiple contracts based on various maintenance schedules for FRC Fleet. With direction for operation in new AOR and suitor establishment of FOB location at Toll, all ECS personnel, equipment and maintenance materials have been centered at Toll facility.

b) Past performance of Toll at the pier location for the FRC fleet demonstrates the ability to provide all required space and services in support of the ECS/SFLC maintenance and repair services. Alternative locations in the Southeast Asia region where not viable options as this site was the only one vetted as being suitable and available under the previous award. No portion of the requirement can be segregated to allow for competition. Both ECS Fleet and shore side are required to be in the same location; splitting the locations would cause logistical complications and increased costs associated with operating across multiple sites and be detrimental for the execution of ECS operations and support.

c) Market research was conducted under the previous solicitation for pier, facility locations and transportation. The previous solicitation posted on WEXMAC 9/21/26 to 50 listed contractors of the 50 contractors 4 responses were received. Technical evaluations were performed on all proposals, TOLL was determined to be the only proposal that passed the three factors of: Technical Capability, Management and Price. SOW was specific as to the security requirements on dedicated and isolated pier space no less than 100m no more than 125m to allow to avoid shared pier space and allow for placement of Anti-Terrorist Force Protection barriers. Safety of crew and assets remains paramount to USCG interest and ECS operations. In addition, alternate locations provided in proposals had been previously reviewed by USN military intelligence and were determined to not meet agency requirements.

d) Approval of this sole source justification is essential to ensure pier space, services, warehouse, and office facilities are secured for the FRC fleet and ECS to maintain operational capability. This action ensures the longevity and operational readiness of USCG FRCs. Failure or delay in availability of pier space and services will have a direct impact on ECS assets, personnel and operations impacting the performance of national defense missions and global USCG maritime operations.

The use of the authority under 10 USC 3205/41 USC 1901 is necessitated by SFLC’s dockside maintenance contract which has identified this as the location for the work to be conducted. It is also the current location of the FRCs and thus the TRL pier facility remains the one responsible source and no other supplies or services are available that can satisfy the agency requirements.

Toll Government and Defense, Loyang Offshore Supply Base, which is a subsidiary

Last Updated 09/26/26 4 entity of Toll Remote Logistics (TRL) USA Inc., another business entity under Toll Remote Logistics Pty Ltd., an Australian company that has been vetted by the Navy Supply Systems Command (NAVSUP) for a Husbanding Services Global Multiple Award Contract (GMAC) [Contract Number N68171-21-D-0033] and a Worldwide Expeditionary Multiple Award Contract (WEXMAC) [Contract Number N0002325D0083], and is listed in the System for Award Management (SAM) under UEI # M9LNTD9CFRM7, and CAGE ZAB92 for worldwide port services. A review of TRL USA Inc. in SAM has determined that the vendor is considered a responsible and qualified business entity, and the company’s representations and certifications were also reviewed. No other awards or contractor assessments were listed in FPDS-NG or CPARS for TRL USA Inc. but the parent company has plenty of past performance at satisfactory or better ratings.

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

Potential Sources as is Practicable. Under the previous purchase order, potential sources in the Singapore operational area were identified and a USN military intelligence review conducted of each site. Eleven different shipyard and port facilities were reviewed to assess their capability to meet the government's minimum requirements and only one responsible source and no other pier locations were found to satisfy agency requirements.

a) An APFS entry was published on 1 SEP 2026 and no responses to the APFS were received.

b) No announcement was posted in SAM.gov announcing the requirement. Sources were identified and vetted by the USN. This research confirmed that only one viable source existed, making further solicitation efforts to promote competition as impractical and detrimental to the mission requirements.

c) At this time, no announcement is planned to be posted in SAM.gov. Market research performed for the previous solicitation and award was used in consideration of vendor selection and/or exclusion. The sole source justification will be posted.

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 is fair and reasonable based upon TRL USA Inc.’s published rate sheet (fixed commercial pricing) and NAVSUP HSPortal IGE pricing data for port spaces and services in Singapore and both documents are included in the acquisition file. None of the port services could be procured from outside sources like other husbanding agents or husbanding service providers due to the contractor’s petroleum facility being a secure and controlled commercial location to protect the piers and oil inventory at the site.

9. Description of Market Research. Market research from previous solicitation and award was used in this requirement. Summarization is below:

a) Under the previous expiring award, eleven (11) different shipyard and port facilities in the Singapore area were surveyed. SCA Shipping Consultants Associated, as the former Husbanding Agent contractor in Bahrain, assisted with finding suitable ports

Last Updated 09/26/26 5 in Singapore for the six FRCs after the ships evacuated the region in early March.

They identified eight potential piers. CWO2 Amad Hankins personally visited Offshore Marine Center facilities and called the Singapore Cruise Pier to discuss availability and resources. Last, Naval Criminal Investigative Service (NCIS) had a verbal conversation with the owners of Multi Ocean Shipyard as part of its efforts to conduct Threat Assessments of all available piers being considered. None of this research contributed to the Contracting Officer’s fair and reasonable price determination as all of these sources were found to be technically unacceptable prior to any pricing data being collected.

b) Additional market research was not conducted as research from the previous solicitation and awards had not changed and market conditions remain the same.

c) Other evaluated locations—including Changi Naval Base, Sembawang Shipyard, Keppel Shipyard, Singapore Salvage, Seatrium Shipyard, and ASL Offshore & Marine—are currently unavailable. Furthermore, none of these facilities can accommodate U.S. Coast Guard (USCG) operational requirements due to the absence of shore power connections and auxiliary generators. An on-site evaluation of the Offshore Marine Center (OMC) conducted by CWO2 Amad Hankins determined the facility to be inadequate because it lacks essential administrative office and warehouse infrastructure. Multi Ocean Shipyard was eliminated from consideration due to the absence of a completed U.S. Navy (USN) Threat Assessment. Crystal Offshore facilities lack secure warehouse space, and the pier location presents unmitigated force protection and security vulnerabilities. SEE Shipyard cannot accommodate double- or triple-banking for the cutter fleet and provides neither dedicated office nor warehouse space. Pax Ocean cannot guarantee permanent pier space, lack the required 12,000-square-foot warehouse, and offers only limited office capacity. Consequently, Toll Remote Logistics (TRL) at the Loyang Offshore Supply Base was determined to be the only viable source capable of satisfying all operational and logistics requirements for the six cutters at a fair and reasonable price, based upon published commercial rate schedules and the Independent Government Estimate (IGE) utilized in the previous award

d) The Changi Naval Base has very limited availability due to US Naval vessel taking precedent over US Coast Guard cutters making them unreliable for long term option.

e) No patents, copyrights, or intellectual property are applicable to this acquisition.

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 synopsis was never issued.

Based on previous market research, the parties identified by the previous

Last Updated 09/26/26 6 husbanding agent contractor who had familiarity with the region’s ports and by the additional outreach by the USCG Supply Officer and Navy Criminal Investigative Service agents remain unchanged.

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.

(a) LANTAREA and USN Fifth Fleet Command continue to conduct market research to find and secure a long-term, still temporary in duration, homeport pier and maintenance facility in the Southeast Asia region but while doing so, continues to have the current need to accommodate both pier, services, facilities, and transportation. Extensive depot level maintenance and repair to FRCs requires access for technical experts, SFLC personnel, and the staging of necessary supplies and materials, and equipment for dockside work. Until a new home port location can be identified, temporary pier space and services continue to be a requirement for the immediate future with unlikely possibility of any competition capability due to restricted military security and force protection protocols.

(b) There is no other option at this time as movement of fleet, and personnel will impose under risk. ECS has been designated to operate from Singapore currently requiring FOB facility, support and FRC Fleet pier berth and services.

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.

____________________ 28 September 2026 Tyrone Minnifield Date Contracting Officer, LOG-931

14. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

________________________________ 28 September 2026 SKCS Scott T Creel Date Technical Representative