JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contacting Activity.

The U. S. Customs and Border Protection (CBP), Border Patrol Aé and Marine
(BPAM). The contracting activity, CBP, Procurement Directorate, proposes to enter
into a contract on a basis of other than fu¥ and open competZion.

Requesting Office:
U.S. Customs and Border Protection (CBP)
Border Patrol Air and Marine Program Management Offce (BPAM)
1331 Pennsylvania Ave NW, 1220 N
Washington, DC 20004

Contracting Office:
US Customs and Border Protection (CBP)
Procurement Directorate
1650 Telecom Drive, Suie 100
Indianapolis, IN 46278

2. Nature and/or description of the action being approved.

This Justification and Approval (I&A) has ken prepared by CBP, BPAM Program
Management Omce (PMO) to request the award of a sole source Firm Fixed Price
(FFP) type contract to CERRUDO SERVICES LLC for supporting tactical operations
intended to temporarily harden the Ti@na (TJ) River in San Diego Sector. The work
is in direct response to the Honduran and Guatemahn migrant caravans. This
acquisition wiil have a period of performance not to exceed ninety (90) days. There
will be no option periods under this contact.

3. Descnptiou ofsupplies/services.
Verify the property Boundary and Survey Marker Record Survey.

The Contractor shal:

TASK #l: Build soJ &rm at border line in TJ River and top ñ with minimum
3 rows of razor wire.
TASK #2: Fab wire anchors on GFM provided hnding mat temp panels, move
paneb to TJ River gap and install with kiple saand c-wire. Move
deadman blocks from GFM location to TJ River gap and install to
secure landing mat panels.
TASK#3: Remove temp fence paneb prior to storm, rephce/reinstall as
dictated by weather condJions. Includes transport of spare pre-
fabbed panels from Dairy Mart Lot to TJ Berm for rephcement if
required.
 TASK#4: Add K-Rail and Razor wire to reinforce the existing krm.
TASK#5: Install approx. 600 LF of k-raJ on ye0ow border line in channel.
Instal approx 600 LF of chain link fence atop k-rail, install triple
skand tanke wée on top of fence and quadruple strand at bottom of
k-rail on USA side of fence.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-2. Agency’s need for supplies

or services is of an unusual and compelling urgency.

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

In response to the migrant caravan approaching the United States, the President of the
United States ordered the Department of Defense to assist and support Cxtoms and
Border Protection (CBP) with securing Points of Entry and to fortify areas of
vuherabJñy along the southwest border between the United States and Mexico.

Based on the migrant caravan’s history and propensity for violence, the San Diego
Sector Headquarters identéied tfiree high threat areas along the Border for immediate
impedance and denial measures to prevent illegal entry.

Priority #l, the Surf Fence in the lmperd Beach Area of Operations.
Priority #2, the Tijuana River Channel in the ImperJ Beach Area of Operations.
Priority #3, the Train Gate in the Chula Vista Area of Operations.

These high priority requirements were assigned to the military command supporting
the San Diego S.ector Headquarters who then initiated design pinning and developing
material requéements.

On November 17, 2018 the military notified the San Diego Sector Headquarters fat
they would not respond to the three requirements &cause the locations needed
additional International Boundary and Water Commission (IBWC) and envéonmental
clearances.

Upon receipt of the military declination, the Office of Border Patrol (OBP) made an
urgent request to Border Paool and Aé and Marine Office (BPAM) for support to
immediate9 fortify the three high priority areas.

Other contract vehicles were available to address Priority l and 3; however, priority 2
would require a separate urgent contract. Thi I&A addresses specifically, priority 2
work.

The estimated total cost for this effort h

6. Description ofeBorts made to ensure that offers are solicited from as many
notential sources as is pmeticable.

Based on the number (10k) of migrant caravan members, theé propensity for violence
and a proxénity to the border of the United States, there was no opportunity or time to
consider mukiple sources to respond to Priority #2, the work in the TJ River.

7. Determination by the Contracting O&cer that the Anticipated Cost to the

Government will be Fair and Reasonable.

The Contracting Officer will perform price ana9sis pursuant to FAR 15.402. The
Contracting Officer will compare the total proposed price to the Independent
Government Cost Estimate (IGCE) and to the prices of other contracts for similar types
of work in order to determine whether the proposed price is fair and reasonible.

8. Description ofMarket Research.

A separate market research effort was not conducted for this action.

9. Any Other Facts Supporting the Use ofOther Than Full and Open Competition.

This service is necessary to mitigate the scarce OBP agents, vehicles, and other
resources needed to impede/ prevent hrge groups of migrants atemptirig to enter the
United States illegally, between the Ports of Entry.

10. A Listing of the Sources, ifAny That Expressed, in Writing, an Interest in the
Acquisition.

No offerors provided a written interest in proposing on this specific requéement.

ii. A Statement of the Actions, ifAny, the Agency May Take to Remove or
Overcome Anv Barriers to Competition Before Anv Subsequent Acquisition for
Supplies or Services Required.

When the Border Security Improvement Phn (BSIP) was developed, the need for this
barrier was not prior?ized by the San Diego Sector. Recent events have precipitated a
reevaluation and the OBP has submitted a request for urgent funding and construction
of a barrier system in the Tijuana River Channel to overcome thh hsue from occwing
again in the future.

R J&A CERTIFICATIONS

12. 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.

Office: BPAM Program Management Office

Name:
Title: BPAM PMO Deputy Diector (A)/ Des ted TI APM

Signature: axa:
13. Contracting Officer Certifieation/ Approval

1 certify that the data supporting the recommended use of other than full and open
competition is accuate and complete to the best of my knowledge and belief.

Name:
Title: Contacting Officer
02/14/2019
Signature: Date:

*In accordance with FAR 6.304(a)(I), CO certification of a I&A for a requirement

not exceeding $700,000 shall constitute approval of the J&A.

14. Small Business Specialist Certification (per HSAM 3019.501-Above the SAT)

I certify that I have conducted a search for smal businesses and other socio-economic
concerns capability of participating in this acquisition.

If any were found, a ist is attached.

Title: CBP Small Business Specialist

Signature: Date:

15. Chief Counsel Review(per HSAM 3006d04-70-Above the SAT)

Title: Attorney

Signature: Date:

R I&A APPROVAL
16. Competition Advocate (per FAR 6.304(a)(2)-Above $700,000)

Approved Q Disapproved

Tlle: Competition Advocate

Signature: Date:

17. Head of Contacting Activity (per FAR 6.304(a)(3)-$13.5M to $68Mj

Approved Disapproved

Title: Head of the Contracting Activity

Signature: Date:

18. DHS ChiefProcurement Offieer (per FAR 6.304{a)(4)-Above$68M}

Approved Q Disapproved

T?le: DHS Chief Procurement Officer

Signatwe: Date:

19. DHS Secretary(any determination and justification for a contact awarded under
FAR 6.302-7, Public Interest, regardless ofdollar amount)

Approved Disapproved

Title: DHS Secretary

Signature: Date: