REDACTED_ JOTFOC AUG ARFF 1-Month Bridge_FAR 13.5_18JUL2022 - Signed.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3205

In compliance with Federal Acquisition Regulation (FAR) 13.501(a)(ii), this justification uses the format at FAR 6.303-2 and is modified to state that the procedures in FAR subpart 13.5 are used.

(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 Task Orders;

(d) Estimated total value (including options): The estimated cost is for one (1) month of services from 1 August 2022 to 31

August 2022.

Period Unit Price Total

8/1/22-8/31/22 1 mo.

Total

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

(f) Year of funding: Fiscal Year 2022

(g) Solicitation number: 70Z08422RALAM0003

(h) Background information about the requirement: The Air Station is located

JOFOC & Approval

70Z08422RALAM0003

Aircraft and Rescue Firefighting Services Air Station Sacramento 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 into a 99-year agreement in which MBP is responsible for the operation and maintenance of Airfield Facilities. The current bridge contract, 70Z08422CDL930004, is with MBP and expires 31 July 2022.

(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. §3205, as implemented by FAR 13.501.

(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.

(a) The statutory authority permitting other than full and open competition is 10 U.S.C. § 3205 implemented by the FAR 13.501.

(b) 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.

(c) It is necessary to restrict these services as a result of the 99-year leasing agreement

Aircraft and Rescue Firefighting Services Air Station Sacramento with the County of Sacramento and MBP and the necessity for the USCG to conduct flight operations from Air Station Sacramento.

(d) ARFF services are mandatory for Coast Guard flight operations as per COMDINST M11320.1. 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 and its 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 Airfield Operations 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 anticipates that the prices for this procurement will be fair and reasonable. This is based on comparison of the proposed price with prices found reasonable on previous purchases, a comparison to the IGE, as well as market research.

(9) Description of Market Research.

A Sources Sought Notice was published 28 July 2021, in which five (5) vendors responded, but only MBP can fulfill this requirement. Extensive market research revealed that there are other contractors who provide Fire Protection services in the commercial marketplace.

However, although there are numerous contractors who could, otherwise, be competitive with MBP, they 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 limited number of vendors capable of providing services, as 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) search was conducted. The research data regarding the 8(a) certified, small business, HUBZone certified, Service-Disabled Veteran, Veteran, Aircraft and Rescue Firefighting Services Air Station Sacramento

Woman or Woman Owned program participants revealed two (2) Veteran firms and two

(2) Woman or Women Owned firms.

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

Technical data packages, specifications, statement of work, or purchase descriptions are not suitable for full and open competition due to a 99 year lease agreement between the MBP and the County of Sacramento.

(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:

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

(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 one-month contract to MBP remains the most cost effective acquisition strategy for the USCG until a long term contract is awarded.