Justification for Other Than Full and Open Competition

1. Contracting Activity: U.S. Army Corps of Engineers, Philadelphia District (USACE- NAP), Contract Division, 1650 Arch Street, Philadelphia, PA 19103-2004.

2. Description of Action: Approval is being requested for the use of limited sources for the urgent maintenance dredging of the boat basin at the United States Coast Guard (USCG) Station (STA) Philadelphia / Sector Delaware Bay. The proposed action is to issue a competitive Invitation for Bid (IFB) to three pre-qualified dredging contractors identified as capable of meeting the critical project timeline and scope. This justification is based on unusual and compelling urgency. A full and open competition is not feasible due to the severe and immediate operational risks the USCG faces if areas AS1, AS2, and AS3 of the USCG boat basin (which accounts for approximately 80% of the total project area, as shown on the attached exhibit) are not dredged by mid-June 2026.

The contracting office for this procurement will be USACE -NAP, and the work will be completed for USCG Sector Delaware Bay. See attached Dredge Support memo from the USCG demonstrating the unusual and compelling urgency.

3. Description of Supplies/Services: This requirement is for turn-key project execution services from the U.S. Army Corps of Engineers (USACE) to deliver a complete maintenance dredging project for the USCG STA Philadelphia boat basin. These services are necessary to support the station's critical maritime missions by restoring the basin to safe, navigable depths. The scope includes providing all project management, project design, contract management, and construction management necessary to dredge approximately 75,000 cubic yards of shoal material. Key deliverables from the USACE will include conducting pre- and post-dredge hydrographic surveys, finalizing all drawings and specifications, performing contract solicitation and award, and managing all construction and inspection activities. A critical constraint of this requirement is the mandatory performance period: all dredging work must begin no later than 15 May 2026, and areas AS1, AS2 and AS31 completed by mid-June 2026 to prevent catastrophic mission failure at the station. This J&A is prepared in support of an urgent contract to be awarded on behalf of the USCG, Department of Homeland Security (DHS), for dredging services to remove approximately 75,000 cubic yards (CY) of shoal material from the Philadelphia USCG Basin on the Delaware River. The STA Philadelphia boat basin has not been dredged since 2014. Since that time, maintenance dredging has been deferred in favor of other competing service-wide operational priorities and fiscal constraints. Extreme shoaling has developed, resulting in a depth beneath the keel of approximately 0.8 ft at low tide, which makes portions of the waterfront unusable for STA Philadelphia and partner agency vessels. Without dredging, the boat basin is expected to be entirely unusable within six months. Small boats are now routinely required to moor at an alternate pier without adequate shore ties.

This configuration is unsustainable from an engineering, security, safety, and operational response standpoint and is directly impacting mission execution. Station Philadelphia is the only Coast Guard SAR, MLE, and PWCS Level I asset along the entire length of the Delaware River. The closest unit is Station Cape May, approximately a 9-hour transit away in good weather. Any loss or delay in STA Philadelphia’s readiness leaves a major U.S. waterway and port complex effectively uncovered for extended periods. The number of personnel impacted includes 225 active-duty personnel, one Philadelphia Police Department boat crew, and one Philadelphia Fire Department boat crew.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 U.S.C. §

3204(a)(2) as implemented by Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO)2

1 Area AS4, which makes up only approximately 20% of the area of the basin to be dredged, will be completed as part of the same contract, for efficiency, but does not need to be completed until mid-August 2026.

2 The RFO is applicable to the Department of Defense and, in turn, USACE-NAP, under Department of War Class Deviation 2026-O0017, Revision 1

Subpart 6.103-2, entitled “Unusual and Compelling Urgency.” This authority is appropriate when the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured, financially or otherwise, unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

5. Reason for Authority Cited:

a. Justification/Impact: Shoaling is causing routine bottom contact while mooring and getting underway at high and low tide. With a keel clearance as low as 0.8 feet at low tide, this condition is actively degrading critical missions, including Search and Rescue (SAR), Maritime Law Enforcement (MLE), and Ports, Waterways, and Coastal Security (PWCS). The current condition of the boat basin results in increased risk of hull, shaft, and propeller damage, reduced confidence and speed in getting underway for time-sensitive SAR and law enforcement cases, and elevated risk of being unable to respond at all during certain tide cycles. STA Philadelphia is tasked with performing multiple no-fail missions. STA Philadelphia is the only U.S. Coast Guard Station on the Delaware River and is tasked with safeguarding commerce into the ports of Philadelphia, PA, and Wilmington, DE. The current conditions create extended response times to SAR operations, law enforcement missions, and marine casualties due to small boats being forced to moor in inopportune positions at low tide. Projections indicate the boat basin will be entirely unusable in less than six months. Any delay in response readiness for STA Philadelphia, the sole USCG asset on the Delaware River, leaves a major U.S.

waterway and port complex uncovered. The next closest station is a 9-hour transit away. Extreme shoaling and lack of adequate dock space will negatively impact interagency security operations for major upcoming events, including FIFA 2026 and America 250, by limiting the ability to stage, support, and surge Coast Guard and partner agency assets. See attached Dredge Support memo from USCG demonstrating the unusual and compelling urgency.

b. Alternatives: There are no alternatives available to the Government that would provide the services required without additional negative impacts to safety and national security. A larger, planned dredging project with traditional timelines would not commence until October 2026 at the earliest, which is too late to mitigate the immediate risks and support summer operations and events.

6. Efforts to Obtain Competition: In accordance with RFO 6.104-1(a)(8), market research was conducted to identify all capable sources and to determine the extent to which competition was practicable. A Sources Sought Notice [Notice ID "W912BU_DBB"] was posted to the System for Award Management (SAM.gov) on 13 February 2026 with a closing date of 19 February 2026.

The notice detailed the government's critical requirement for maintenance dredging at STA Philadelphia, emphasizing the complex site conditions and the unusual and compellingly urgent need for work to commence by 15 May 2026 to prevent mission failure.

Three (3) sources responded to the notice expressing interest and providing capability statements. The government's technical evaluation determined that all three responding vendors possess the requisite experience, specialized equipment, and immediate availability to meet the full scope of work within the mandated performance period:

JPC Group Inc.

Kokosing Industrial

Seaward Marine Corp.

Based on this market research, the Government has concluded that only these three limited sources can satisfy the agency's urgent requirements. Therefore, competition for this requirement will be limited to these three capable and responsible contractors.

7. Actions to Increase Competition: The Government is committed to maximizing competition for future requirements. To prevent this urgent and compelling situation from recurring, the following actions will be taken:

a. Implement a recurring monitoring plan: As part of the execution of this action, USACE-NAP will offer to enter an agreement with the USCG to monitor the area with periodic hydrographic surveys. This data will better inform the USCG of localized shoaling rates and help to initiate maintenance dredging contract requirements prior to substantial mission impact.

b. Advanced Procurement Planning: For the next anticipated dredging cycle, the contracting activity will initiate its acquisition planning and market research no less than 18 months prior to the required performance period. This will provide sufficient time to solicit, evaluate, and award a contract using full and open competition.

c. Future Strategy: It is the Government’s firm intention to procure all future dredging requirements for this location via full and open competition. This one-time, urgent requirement does not represent a long-term shift in acquisition strategy.

8. Other Facts: In accordance with FAR 15.404-1(b)(1), price reasonableness will be established on the basis of adequate price competition. The solicitation will be issued to three capable and responsible contractors, and the resulting bids will be compared to determine the best value for the Government.

The certified Independent Government Estimate (IGE) will be used as a supplementary tool to validate the overall reasonableness of the bids received and to ensure there is no evidence of price collusion.

9. Technical Certification I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Date: 03 March 2026

Title: Deputy Chief, Operations (Acting) Signature:

10. Requirements Certification:

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

Name: Date: 03 March 2026

Title: Chief, Operations Division Signature:

11. Fair and Reasonable Price Determination

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Proposed prices for the product will be compared to the independent government estimate that will be developed.

Certified cost or pricing data will be requested if determined to be necessary.

Name: Date: 03 March 2026

Title: Contracting Officer Signature:

12. Contracting Officer Certification

I certify that his justification is accurate and complete to the best of my knowledge and belief.

Name: Date: 03 March 2026

Title: Contracting Officer Signature