1.5.1 Justification Approval 10.04.2022.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(FAR 6.302-1, 41 U.S.C. 3304(a)(1))

J&A Control No.: 70FBLA22P00000011

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, Federal Emergency Management Agency, Office of Chief Component Procurement Operations (OCCPO), Region 6 Louisiana Integration & Recovery Office (LIRO) proposes to enter a contract on a basis of other than full and open competition to secure mobile home pad leases to temporarily house those displaced by Hurricane Laura (DR-4559-LA) and/or Hurricane Delta (DR-4570-LA).

2. Nature and/or Description of the Action being Approved.

(a) Nature of Action.

At the request of the State of Louisiana, the Federal Emergency Management Agency agreed to continue providing approximately 1,946 households displaced by Hurricanes Laura and Delta with additional time to remain in agency-provided housing (i.e., mobile home park pad leases, etc.) while completing the final steps of recovery. Without the continued support of the contractor, the continued implementation of FEMA’s housing mission will be severely impacted. All direct housing options are authorized under Section 408 of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act as amended, Stafford Act, to include leasing pad sites for travel trailer, mobile and manufactured homes.

(b) Name and Address of the Contractor.

DSJS Management, LLC 677 E River Quarry Drive Eagle, ID 83616

(c) Contract Type.

A firm-fixed price contract will be awarded in support of this effort.

(d) Estimated Total Value (including options). A detailed breakdown is provided below.

Period of Performance Performance Period Dates Unit Price Estimated Costs Base Year 6 months $2,142.00 $12,852.00 Option Year 1 6 months $2,206.26 $13,237.56 Option Year 2 6 months $2,272.44 $13,634.64 Option Year 3 6 months $2,340.60 $14,043.60

(e) Type of Funding.

Disaster Relief Funding (i.e., No Year Appropriations)

(f) Year of Funding (Example: Fiscal Year 2016).

FY 2023

(g) Solicitation Number.

Not Applicable

(h) Background Information About the Requirement.

Previous Contract 70FBLA22P00000011 Contractor Name DSJS Management, LLC Contract Type Fixed Price Contract Value $12,852.00 Period of Performance 10/03/2022 – 04/02/2023 Procurement Strategy Non-competitive Extent Competed Sole Source Set-Aside Not Applicable

3. Description of Supplies/Services.

FEMA is seeking to lease travel trailer/mobile home pads to temporarily house those displaced by Hurricane Laura (DR-4559-LA) and/or Hurricane Delta (DR-4570-LA). The period of performance for this contract will be a six (6) month base period with five (5) six (6)-month option periods.

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

The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

As a result of Hurricane Laura and Hurricane Delta, thousands of displaced households are still residing in temporary housing assistance; therefore, it is necessary to approve and execute this sole source justification for continued support of the recovery efforts.

Option Year 4 6 months $2,410.83 $14,464.98 Option Year 5 6 months $2,483.16 $14,898.96 Total $83,131.74

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

A sources sought notification was not posted to SAM.gov since displaced households are currently housed within the mobile home parks.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

Fair Market Rent (FY 2023 $fmrtype$ Fair Market Rents Documentation System — Select Geography (huduser.gov)) was used as the basis for the price reasonableness determination.

The Department of Housing and Urban Development (HUD) administers Fair Market Rent and it’s primarily used to determine standard payment amounts for various housing assistance programs. Fair Market Rent provides market rent estimates for housing opportunities for geographic areas throughout the United States of America. The fixed monthly pad lease rate(s) for this mobile home park was compared to the Fair Market Rent and was within the allowable range specified for Calcasieu parish. Based on the aforementioned, the total funding specified for the base six (6)-month period along with the five (5) six (6)-month option periods was determined as fair and reasonable.

8. Description of Market Research.

Market research was initially conducted and documented at the onset of the disaster declaration. FEMA’s Assessment Team was responsible for coordinating with the State of Louisiana to identify mobile home parks for the declared disasters to support FEMA’s Direct Housing Program. In order to satisfy the requirements of FEMA’s Direct Housing Program, each mobile home park identified had to possess the ability to: 1) House one (1), two (2) or three (3)-bedroom travel trailer, mobile and/or manufactured home units; and 2) Ensure all electrical, sewer, water utility metering systems are installed and fully operational prior to delivery of the temporary housing units.

9. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

Refer to section 2(b) and 6

10. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any

Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

FEMA will continue to perform casework in coordination with the Individual Assistance Division and the State of Louisiana to establish a long-term housing plan for current and future disasters, whether natural and/or man-made.

https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2023_code/select_geography.odn?data=2022&fmrtype=%24fmrtype%24 https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2023_code/select_geography.odn?data=2022&fmrtype=%24fmrtype%24

11. Technical/Requirements Personnel Certification. 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 and meets the Government’s minimum need.

APPROVAL:

Tracy Finka, Technical Representative Date

Michael Villagrana, Technical Representative Date

Derek Reaves, Technical Representative’s Supervisor Date

12. Contracting Officer’s Certification. 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. This justification will be made publicly available pursuant to the requirements set forth in 13.501(a)(1)(iii) and 6.305 using the government point of entry, www.sam.gov.

APPROVAL:

Tisha Lee London, Contracting Officer Date http://www.sam.gov/