1.5.1 Tailings Dam JOFOC 9-21-2020 signed.pdf

U.S. Department of Homeland Security Washington, DC 20472

Justification for other than Full and Open Competition

Test Program for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $250,000) pursuant to FAR Subpart 13.5, including Brand Name

SSJ No.: FIMA-ACM-001

Date: September 9, 2020 PR Number: WX04437Y2020T

Pursuant to the requirements of the Competition in Contracting Act of 1984 (“CICA”), Title 41 U.S.C. §253, et seq., as amended, and under the authority of 41 U.S.C. §1901, et seq., as amended, as implemented by Federal Acquisition Regulation (“FAR”) 13.501 and consistent with the content requirements of FAR 6.303-2, this Justification for other than Full and Open Competition (JOFOC) sets forth in detail the basis, reasoning, and authority for the subject JOFOC, as noted below.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Office of Chief Procurement Officer (OCPO) 500 C Street, S.W., Washington, DC, 20472, henceforth referred to as the “FEMA”.

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

DHS/FEMA/FIMA intends to procure on a sole source, Firm Fixed Price (FFP) basis Unified Guidelines for Tailings Dam with The United States Society on Dams (USSD).

The anticipated period of performance includes a base period of one-year and three one-year option periods. The estimated total value including options is $449,550.04 and will be funded with one-year funds for FY20, 21, 22 and 23.

Name and address of the contractor. The United States Society on Dams address is 9975 Wadsworth Parkway, Suite K-2, 145 Westminster, CO 8002.

The Contractor’s URL is. www.ussdams.org

3. Description of Supplies/Services.

The requirement is to develop technical considerations and specifications for tailings dams to update Guidelines for dam safety nationwide. This upgrade will allow FEMA/FIMA’s National Dam Safety Program to support their mission of increasing dam safety nationwide. The objective of the services acquired are to provide consistent national dam safety technical guidelines for state and federal regulators, designers, and mine owners and operators, reduce the risk of failure of tailings dams by filling in gaps in the Federal Guidelines for Dam Safety where respective publications do not adequately address tailings dams and meet the objectives of the Strategic Plan for the National Dam Safety Program. A public – private partnership between NDSP and USSD will be the key for successful preparation of this guideline that will benefit the dam safety community nationwide.

4. Identification of the 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.

Since the 1980’s the United States Society on Dams has been engaged with the issue of tailings dams through its’ Committee on Tailing Dams. This committee is charged with

(a) promoting safe, environmentally and socially responsible practices for tailings dams through design, construction, operational performance, and reclamation; and, (b) collaborating with other national and international professional organizations involved with tailings dams. The USSD Committee on Tailings Dams membership is comprised of national and internationally recognize subject matter experts, from federal and state agencies and the private sector, in tailings dam design, safety and policy. The committee has been involved in organizing workshops, publishing papers on a wide range of topics pertinent to the tailing dam community, such as Dam Break Analysis Applied to Tailings Dams (2011), Closure of Tailings Dams (2013), Seismic Design of Tailings Dams (2014), Risk Assessment Tools Applied to Coal Tailings Dams and Ash Impoundments (2015) and the Workshop on Lessons Learned from Recent Tailings Dams Failures: A Path Forward (2017). The USSD Committee on Tailings Dams peer reviewed and endorsed the Geoprofessional Business Association’s guidance document, Proposed Best Practices for the Engineer of Record for Tailings Dams, a critical reference document for the industry. The Committee is currently working on a whitepaper on the state of practice for closure of tailings dams, supporting the International Committee on Large Dams (ICOLD) and national efforts for development of tailings dam safety guidelines.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

In accordance with FAR 5.101(a)(1), the current action was synopsized, and a sources sought notice was posted on the Government Point of Entry, the website (beta.sam.gov). The notice was posted from July 10, 2020 to July 25, 2020. The agency received no inquiries or responses.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The contractor’s proposal will be evaluated for price reasonableness and realism based on the techniques described in FAR 13.106-3.

8. Description of the Market Research Conducted

FEMA conducted market research between March and April of 2020 to determine the capacity of industry and small business, as well as the availability of existing DHS-wide and Multi-Component Contract Vehicles with DHS Strategic Sourcing Program Office vendors DHS FEMA FIMA has utilized to meet the Tailing Dams requirement. The agency also reviewed Federal Supply Schedules accessible through ww.gsa.gov to include the Legacy GSA Schedule 66, GSA PSS Professional Schedule – Environmental 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, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

To maximize competition for subsequent acquisitions, the agency will continue to conduct on-going market research and synopsize sources sought notices on the Government Point of Entry. Due to the nature of the services provided, the amount of training required on the various systems and processes and need for continued administrative support services over the life of this contract, no other offers are being considered for this contract.

12. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Gokhan Inci Date Contracting Officer Representative (COR)

13. As the Contracting officer for the subject action, I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

William Sanfilippo Date Contracting Officer (FEMA)