W9126G19C0001_JA_Train_Gate_Word_(SCO_Approved)_Redacted._pdf_Redacted.pdf

Justification and Approval for Other than Full and Open Competition

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, Los Angeles District (SPL), Contracting Division, Los Angeles, CA 90017. U.S. Army Corps of Engineers, Fort Worth District (SWF), Contracting Division, Fort Worth, Texas 76102 issued the contract but is was transferred to SPL for all post award activities.

2. DESCRIPTION OF ACTION: In support of U.S. Department of Homeland Security (DHS), dated 18 June 2019, approval is requested for a Justification and Approval (J&A) to award a single source construction modification to SLSCO on contract W9126G19C0011, D-B CA FY18 Primary and Secondary (29MI). This modification will incorporate design and construction requirements that comprised two expired options included in contract W9126G18C0022, FY17 Design-Build SDC IMB RF-San Diego Fence Replacement Project (14 Mile) in San Diego, CA. The FY17 contract, W9126218C0022, is in the final stages of completing construction and the contract expires 25 August 2019. The type of funds utilized will be DHS construction funds which have been deposited in the USACE Civil Works account pursuant to an Economy Act agreement between DHS and USACE. The estimated total value of the contract modification is which is the exact amount of the two expired options from the CLIN schedule of contract W9126G18C0022. The total amount of the contract after award of this modification will be . The period of performance for this modification is anticipated to be six months and must begin immediately to meet this schedule. It is imperative that the schedule be met to ensure that the southern border of the United States is secure.

3. DESCRIPTION OF SUPPLIES/SERVICES: The purpose of this modification is to design and construct 134 feet of fence, to remove the existing train gate, and construct a new train gate. The contractor is to provide materials, equipment, and labor required for the design and construction of approximately 134 feet of P-3 Bollard Wall within the fenced area immediately east of the San Ysidro LPOE, beginning at station 600+00 and terminating at Station 606+00. The contractor shall also provide material, equipment, and labor required for the removal of an existing train gate located approximately 440 lineal feet east of the San Ysidro LPOE, Station 603+25 and construction of a new 33 foot wide double swing train gate at said location. Construction of the fence is along the international boundary with Mexico, 3 feet (plus or minus 3 inches) into United States territory. All work for this modification will be located within the San Diego Section in California.

4. AUTHORITY CITED: 10 USC § 2304(c)(1) or 41 USC 3304(a)(1), as implemented by FAR 6.302-1(2)(iii)(B), Only one responsible source and no other supplies and services will satisfy agency requirements.

5. REASON FOR AUTHORITY CITED: The agency’s need for the supplies or services are needed immediately and any delay in awarding would result in an unacceptable delay in fulfilling DHS requirements. .

Justification: The locations of the work detailed in Paragraph 3 above lie within the project limits of contract W9126G19C0011. This work was originally included as options under contract number W9126G18C0022. However, the government could not exercise the options because it did not possess the Real Estate to allow exercising the option within 90 days after contract award. The Real Estate acquisition process is complete and Real Estate Division certified the property as being available for design and construction.

Without limiting competition to a single source, the Government would be unable to undertake construction this fiscal year and would not meet the delivery schedule of 6 months. A traditional design-build project acquired in accordance with the requirement for full and open competition under the Competition in Contracting Act (CICA) could take upwards of 9-12 months to award based upon historical averages for contracts of this dollar amount. The time savings achieved through use of other than full and open competition is 8-11 months and this time savings is critical in order for construction to begin as soon as possible, supporting the urgent nature of this procurement, and to ensure complete operational control of the southern border. Another alternative is the use of recently awarded Multiple Award Task Order Contracts issued by SWF. Once again, the timeline to solicit and award this requirement could take 4-6 months that would not meet DHS desired delivery date of 6 months.

Currently there is one access route, as well as one point of entry, into the project area.

This road and access point continues to be utilized by the Border Patrol as a patrol road. With construction activities taking place on this narrow easement, security and life safety concerns are high. There are currently eight contractors working within the project limits for either USACE or the Border Patrol. It would be adverse to all parties if another contract was issued potentially to a ninth contractor that required use of the same construction zone, access, and haul routes being used by the eight contractors and the Border Patrol. Since the locations of the work detailed in Paragraph 3 above lie within the project limits of contract W9126G19C0011, there would be no additional disruption to the projects underway. In addition, this area lies immediately adjacent to the San Ysidro Port of Entry (POE), which is one of the busiest POE in the United States. As such, the POE will not approve the closure of any lanes and therefore further restricting the already congested site.

Alternative: SPL did examine several alternatives for fulfilling these requirements, but no other alternative would allow for performance to begin immediately, as specified in paragraph five above. The only viable alternative is to sole-source these requirements to a single responsible contractor currently constructing the twenty nine miles of new replacement pedestrian fencing (W9126G19C0011) within which this work resides.

Impact: As determined by the President, the current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests. The southern border is a major entry point for criminals, gang members, and illicit narcotics. The problem of large-scale unlawful migration through the southern border is long-standing, and despite the executive branch’s exercise of existing statutory authorities, the situation has worsened in certain respects in recent years.

Failure to sole-source the work identified above in paragraph 3, undertake construction this fiscal year, and complete within 6 months, would result in delays in design and construction of tactical infrastructure required to adequately enforce the Nation’s immigration laws with severe adverse impacts on the safety and territorial integrity of the United States. Approval of this J&A will enable SPL to expedite award for urgently needed design and construction services identified above in paragraph 3.

Selection of Sole Source Contractor:

SLS Construction is currently working in the same location and adding this work to their contract is the most expedient and cost effective means to meet DHS requirements.

Also, SLS Construction was selected as the most highly qualified firm based upon the Source Selection Board’s assigned rating for a technical factor and a past performance factor for both W9126G180022 and W9126G190011. The contractor’s past performance demonstrates the offeror has recent (and currently on-going) projects that are very relevant to this project where the quality of the work was determined to be outstanding.

6. EFFORTS TO OBTAIN COMPETITION: As discussed in paragraph five (5), no other alternative will allow performance to begin immediately. The notice required at FAR 5.201 will be published.

7. ACTIONS TO INCREASE COMPETITION: For this particular action, there is no means to increase competition. SWF issued W9126G18C0022 on a competitive basis but could not exercise the option due to real estate. SWF issued W9126G190011 on a competitive basis, too. However, here it is not practicable to request an offer from more than one source as SPL would be unable to undertake construction this fiscal year and meet DHS need date of 6 months. Safety is also a concern as there is only one access point to the construction zone and it is already being used by multiple contractors and DHS as stated in paragraph five (5).

8. MARKET RESEARCH: Market research was prepared for both W9126G18C0022 and W9126G19C0011. Due to the urgency of this modification no other research was prepared. Further, it is in the best interest of the Government to award to the existing contractor. This contractor is currently working onsite and is familiar with the work.

9. INTERESTED SOURCES: Given the consequences descibed above in this instance, the need to undertake construction as soon as possible demonstrates that the Government would be seriously injured unless SWF is able to issue a sole source out of scope modification. To date, no other sources have written to express an interest.

10. OTHER FACTS: None. Procurement history has been reflected previously in this document.

Reviewed By

APPROVAL

Based on the foregoing justification, I hereby approve this modification to provide Design-Build Construction services in Support of the Southwestern Border Infrastructures effort for the San Diego Sector on an other than full and open competition basis pursuant to the authority of 10 USC § 2304(c)(1)), Only one responsible source and no other supplies and services will satisfy agency requirements, subject to the availability of funds, and provided funds have otherwise been authorized for acquisition and in accordance with AFARS 5106.302-2(d)(1)(ii).