redacted JA_Redacted.pdf

Attachment 1 U.S. Customs and Border Protection

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity. CBP, Office of Acquisition, proposes to modify a contract on a basis other than full and open competition.

2. Nature and/or description of the action being approved. CBP has a requirement on a sole source basis to increase the maximum amount (ceiling) of indefinite-delivery indefinite-quantity (IDIQ) contract 70B03C20D00000006 by $60,000, from $240,000 to $300,000. The IDIQ contract was awarded to CRRC, Inc., located at 18635 Primera Rd. Unit 1, Harlingen, TX 78552.

3. Description of Supplies/Services. The requirement is to provide HazMat extraction services throughout the El Paso Field Office ports of entry. El Paso Field Office requires the highest quality and most efficient certified service, 7 days a week, for the extraction of hazardous contraband from compartments, both natural and man-made, discovered in conveyances entering into the United States. The contractor shall provide a limited range of services for dismantling vehicles, such as dropping a fuel tank. The contractor shall provide a good faith effort to complete the extraction, unless deemed unusually difficult by CBP. The contractor is currently providing HazMat services throughout the Laredo Field Office ports of entry, and is the only one capable and certified in the region who can provide this the required support.

Period Unit Price Total 9/29/2020 – 9/28/2021 12 mos $ 60,000 $ 300,000

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. 2304(c)(1)(for USCG) or 41 U.S.C. 253(c)(1) (for other Components) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

This requirement is a modification to contract 70B03C20D00000006. The contractor is the only certified HazMat vendor in the region who can perform extractions for the federal government.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. Two solicitations, set-aside to small businesses, were posted on Unison’s marketplace from July through September 2020, and no responses were received from vendors properly certified.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. In accordance with FAR 15.404-1(b)(2)(v), a price analysis was performed at the IDIQ level comparing the quoted pricing from CRRC to the IGCE. The

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

IGCE was based on contract history. The overall pricing from CRRC was an average of 8% lower when compared to the IGCE. The IGCE was based on historical purchases in 2019 and 2020 for the same service through a different vendor in the open market, E3 Environmental located at 1004 Industrial Park Dr, Clinton, MS 39056, and WatchTower Defense located in San Antonio, TX, who was performing for Laredo Field Office under contract 03C18P0622, and El Paso Field Office.

Furthermore, CRRC confirmed in an email on September 25, 2020, that pricing for El Paso locations would remain the same as Laredo, with the exception of locations outside of El Paso, such as Presidio and New Mexico. The price per HazMat service .

8. Description of Market Research.

The internet was searched for a list of contractors that could provide the HazMat services required by the government. Unfortunately, the market research showed that two other contractors had closed their business, and only CRRC could perform these services.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition. None.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition. None.

11. A Statement of the Actions the Agency Will Take to Overcome Competition Barriers CBP will continue to perform market research to overcome any barriers to future competition before any subsequent acquisition for HazMat services.

12. Planning and Funding Statement. Funds are available to issue a task order after this modification is complete using PR 20118022.

13. Posting Requirement. CBP will post this justification on beta.sam.gov in accordance with FAR 6.305(a).

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

14. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

El Paso Field Office Kenneth Brooks Mission Support Specialist

Signature: _______________________________ Date: _____________

CONTRACTING OFFICER CERTIFICATION/APPROVAL*

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.

Contracting Officer

Signature: ________________________________ Date: _____________

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $700,000 shall constitute approval of the J&A.

29 Sep 2020