5.1.1-JEFO-DR4558-CA-P00001-finalized 09-30-20-CO&COR Signed.pdf

Justification for Exception to Fair Opportunity

(JEFO) Exceeding the

SAT pursuant to FAR

16.505(b)(2)(ii)(B)

JEFO No.: 20-051

Date: _September 28, 2020 PR Number: _FN01217Y2020T

Urgent Need to Directly Issue Task Order (TO) Modification to awardee under Multiple Award Indefinite Quantity (IDIQ) contract for procurement of an additional 3,600 Housing Inspection Services in

Response to DR-4558-CA because Fair Opportunity would result in unacceptable delays.

Upon the basis of the following Determination and Finding (D&F) (see below), this Justification & Approval (J&A) is submitted in accordance with the requirements of FAR 16.505(b)(2)(i)(A) – for orders exceeding the Simplified

Acquisition Threshold (SAT), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. This is a logical follow-on to Task Order 70FB8020D00000002/70FBR920F00000067.

1. Identification of Agency and Contracting Activity. The Agency is the

Department of Homeland Security (DHS). The Contracting Activity is the

Federal Emergency Management Agency (FEMA).

2. Nature and/or description of the action being approved. FEMA has an urgent need to procure an additional 3,600 Housing Inspections in response to the Governor’s request for Public Assistance (PA) and Individual Assistance (IA) in the state of California.

A major Disaster Declaration was declared on August 20, 2020 due to Wildfires.

The demand for additional housing inspections was urgent, and an award was required in a timely manner. WSP USA Services, Inc. (WSP) received the initial award for 4,000 inspections on 08/28/2020 in the amount of $512,190.47 to include cost reimbursable CLINs 0003AD-0003AP in the amount of $16,013.22 and making the Task

Order total value to $528,203.69.

On 09/24/2020, the HIS program office requested to add 4,000 inspections, then requested that it be adjusted to 3,600 inspections to the task order. Of the 4,000 awarded inspections, 3,710 have been issued, averaging 147/day during the period of 08/28/2020 through 09/28/2020. As a result, Modification P00001 is being executed to increasing the total obligated amount from $512,190.47 by $465,519.90 to $977,710.37. The task order value is increased from $528,203.69 by $465,519.90 to $993,723.59.

3. A description of the supplies or services required to meet the agency’s need (including the estimated value). The HIS program office needs 3,600 additional housing inspections of applicant homes and public businesses in response to damage caused by Wildfires in

California in accordance with the Major Disaster Declaration DR-4558-CA. The estimated value of these inspections is $465,519.90, which includes 3,600 inspections at a rate of $114.22 and cost reimbursable CLINs 0003AD-00003AP totaling $54,327.90.

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. The exception to fair opportunity that is applicable to this modification is:

_____X___FAR 16.505(b)(2)(i)(C). The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. This modification is a logical follow on to order 70FBR920F00000067 issued under contract 70FB8020D00000002. All awardees were given fair opportunity to be considered for order 70FBR20F00000067.

WSP is currently performing the same services in the same location. The modification will not increase the period of performance of order 70FBR20F00000067."

This is not an increase in scope as the CLINs are being included in this modification from original Task Order. However, the quantity is decreased to 3,600. The estimated value is in line with the Task Order value. The proposed price for this modification is lower than the awarded Task Order due to less inspections as same CLINs added to this modification.

The Governor State of California requested that the president of the United States declare a state of emergency in response to the spread of Wildfires which affected several counties in Northern California. To date there still is a need to provide aid to the state, and an additional 3,600 housing inspections are of great need for support of DR4558-CA.

To date, WSP has reached the capacity of the total awarded inspections of 3,710 and the

State of California is in urgent need of an additional 3,600 inspections. There is the potential that serious harm will occur if the services are not procured in a timely and effective manner from the source identified, which has the availability now and is in the process of depleting all resources to continue with the services which are already being provided.

Based on the evidence and research available to FEMA, we conclude that currently, (WSP) the current IDIQ contract holder and awardee of these Housing Inspection services, presently providing the services as the initial awardee of the Task order.

WSP successfully completed other task orders in the region at this increased quantity before and has successfully provided the same services. The modification is to be awarded to WSP in order to avoid any delays of providing the additional Housing

Inspection services under the Housing Inspection Services (HIS) IDIQ Multiple award contract. Therefore, it would be in the Governments best interest for FEMA to award an additional 3,600 inspections to WSP, as WSP is already providing these services in the place of performance and is can support the entirety of the requested quantity of these inspections. The only way to meet this immediate need in the required timeframe is to directly procure these services from the IDIQ contract holder currently performing the service in the state of California. WSP was awarded competitively the initial award and is capable and is determined responsible to continue providing these services. This procurement has been declared as a state of

Emergency in the state of California and WSP is presently performing housing inspection services, located at the same place of performance in California.

Therefore, this Task Order modification will supply the additional 3,600 quantity to meet the urgent need for the duration of the period of performance for this contract until February 24, 2021.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. WSP proposed inspector rate of $114.22 for the 3,600 inspections t totaling $411,192.00, which is lower than awarded task order 4,000 inspections totaling

$456,880.00. These prices are considered and determined to be fair and reasonable in accordance with the previously accepted rates.

6. Any other facts supporting the justification. The current task order holder is currently performing these same services at the same place of performance in the state of

California. The contractor has already proven that they can meet this requirement as they have already completed close to 4,000 housing inspections for this disaster. As mentioned earlier in this J&A WSP is now performing these inspections at the highest awarded quantity of 3,710 and the Program office has requested the need to provide an additional

3,600 to be awarded in order to fulfill this requirement.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made. There are no barriers to overcome, except for future modifications to Task orders there will be a modification to the contract including Option clause regarding additional quantities when awarding modifications. This is due to unknown quantities that may be requested by the Program office. The logical follow on to the awarded task order would be advantageous to the Government for WSP to provide the services.

8. DHS intends to post this requirement on Federal Business Opportunities pursuant to FAR

16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the

Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Representative/COR Date

10. Contracting Officer Certification and Approval

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Contracting Officer Date