.JA_VM_Urgent_Compelling.pdf

Justification & Approval (J&A)

Justification for Other than Full and Open Competition (41 U.S.C. 3304(a)(2))

Pursuant to the requirements of the Competition in Contracting Act as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.302-2 Unusual and Compelling Urgency, as follows:

1. Agency and Contracting Activity.

Department of Homeland Security, Federal Emergency Management Agency (FEMA), Office of Chief Procurement Officer (OCPO), Acquisitions Operations Division (AOD), Incident Support Section (ISS), on behalf of the Logistics Management Directorate (LMD) proposes to enter into a single award IDIQ contract with AWD, LLC and C2G, LTD on a basis other than full and open competition.

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

a. LMD’s Vehicle Maintenance contract was awarded on May 29, 2018. The contract award was protested to the Government Accountability Office (GAO). GAO dismissed the protests because the Agency is currently implementing corrective action. Since FEMA did not extend the period of performance on the prior contracts before making a competitive award, FEMA must now award temporary contracts for continuity of essential vehicle maintenance services until the Agency completes the corrective action.

b. Estimated value of the two contracts combined: $1,896,139.90 with all options exercised.

Projected Period of Performance:

1 Month Base Period August 14, 2018 – September 13, 2018

Option Period I September 14, 2018 – October 13, 2018

Option Period II October 14, 2018 –November 13, 2018

Option Period III November 14, 2018 – December 13, 2018

Option Period IV December 14, 2018 – January 13, 2019

Option Period V January 14, 2019 – February 13, 2019

The incumbent Contractors and awardees of the temporary contracts are as follows:

1) Alliance Worldwide Distributing (AWD), LLC.: 601 West Ford Valley Road, Knoxville, TN

37920;

And

2) Cradle To Grave (C2G), LTD CO: 110 Mallock CT, Goose Creek SC, 29445

c. Fund Type: Operations & Maintenance

d. Fund Year: FY18

3. Description of the services required to meet the Agency’s need.

The Contractors shall continue to provide labor, scheduled maintenance, and repairs, to include accident repair, and Department of Transportation (DOT) Inspections for the FEMA National Fleet. Inspections shall include pre/post-deployment, quarterly, third-party DOTs, and annuals (for equipment that doesn’t require a DOT). The Contractors shall continue to provide all supplies, personnel, equipment, tools, materials, supervision, and other items or services necessary to perform the management and operation of equipment maintenance functions as defined in the Performance Work Statement (PWS) of the current contracts.

4. Identification of Statutory Authority for acquiring the supplies or services on other than a full and open competitive basis.

In accordance with 41 U.S.C. 3304(a)(2) as implemented by FAR 6.302-2, Unusual And Compelling Urgency. The period of performance limitation of one year as set forth in FAR 6.302-2(d) applies to this action. However, FEMA does not intend for the period of performance for these awards to exceed 6 months.

5. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

a. Background - The Federal Emergency Management Agency (FEMA) has a requirement to maintain the Continental United States (CONUS) National Fleet Equipment (CNFE) at the following six (6) FEMA locations:

1. DC Atlanta, 3780 Southside Industrial Ct., Atlanta, GA 30354 – (HSFE70-15-C-033)

2. DC Fort Worth, 501 W. Felix, Fort Worth, TX 76115 - (HSFE70-15-C-0035)

3. DC Frederick, 4420 Buckeystown Pike, Frederick, MD 21704 - (HSFE70-14-C-0133)

4. DC Moffett Field, Building 144 Door 7 – NASA AMES Research, Moffett Field, CA

94035 - (HSFE70-14-C-0137)

5. MHU Cumberland, 11601 Pittsburg Plate Glass Road, Cumberland, MD 21502 –

(HSFE70-14-C-0131)

6. MHU Selma, 661 Selfield Road, Selma, AL 36703 - (HSFE70-14-C-0138)

FEMA is responsible for responding to disasters with minimal launch time, therefore it is essential that FEMA's CNFE be Fully Mission Capable (FMC) at all times. FEMA requires a service contract to provide vehicle and equipment maintenance in support of the Logistics Management Directorate (LMD) Fleet Maintenance Program.

b. Details/Events – FEMA posted a solicitation, which was set aside for small businesses, on FBO and awarded a contract for this requirement on May 29, 2018 using competitive procedures. The contract award was protested to the GAO. FEMA proposed to take corrective action, so the GAO dismissed the protests. However, FEMA still has an urgent requirement for these services. FEMA now must award contracts to the incumbent contractors as an interim, short-term solution while FEMA implements the corrective action

c. FEMA cannot go without these critically needed services while it undertakes corrective action. There are companies that exist with technical skills to meet these requirements, but it is most practical to place this temporary contract action with the incumbents during this time. Awarding this contract to one or more Contractors not familiar with the current state of the FEMA equipment and the maintenance and ongoing repair schedule will result in mission failure, should a disaster strike and the equipment is not deemed Fully Mission Capable. Again, any new Contractors would have to be able to transition immediately into the support role, without delay. This would be extremely difficult. For example, one of the key deliverables of the current contract and the upcoming re-compete is the “Initial Inspection Report”. During the first 90 days the Contractor is expected to inspect all the equipment at all sites, setting the standard and schedules for the maintenance and repairs. The task identified on the schedule needs to continue, and redoing it for such a short period of performance with a new contractor is not efficient nor cost effective.

Additionally, further interruption of services will result in a critical impact and extreme risk, both internally and externally, to the Agency’s ability to perform its emergency management mission and provide support to disaster survivors.

6. Actions taken to removal of barriers to competition.

This requirement was recently re-competed. The contract FEMA awarded has a period of performance spanning several years, if all options are exercised. Market research conducted prior to the solicitation posting revealed that a full and open competition for the continuation of these services was the best path. All pre-solicitation and pre-award acquisition documents were completed and vetted by our acquisition leadership. With FY2018 hurricane season being underway, it is imperative that we reinstate vehicle maintenance services to ensure that FEMA’s equipment is FMC. Therefore, even if multiple qualified offerors were identified now, they would not have the time to familiarize themselves with the equipment in place for FEMA to execute a successful disaster response. FEMA is already in the process of completing corrective action so that it can lift the stop work order on its current contract or make a new competitive award, depending on the outcome of the Agency’s corrective action.

7. Additional supporting facts for the acquisition:

Failure to execute will be detrimental to the Agency. These two pending contracts with the incumbent contractors are integral to this Agency’s mission success. Not awarding them will result in a major disruption of logistics services that are vital to day-to-day operations, disaster support, and the overall FEMA and LMD missions. Without these existing services, hundreds of trailers, forklifts and vehicles that provide critical mission and general services for the Agency will not be operational.

8. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable and listing of the sources, if any that expressed, in writing, an interest in the acquisition.

An “Intent to Sole Source” will be posted to FBO.gov, and this J&A will be updated with the results of that special notice. No alternative sources were sought independently by FEMA for this temporary procurement action due to the immediate need and the incumbents’ capabilities to meet the current LMD requirements.

9. Market Research:

As discussed above, market research was conducted for the re-compete in accordance with DHS Policy. Based on the findings from multiple schedules, such as DHS (not in scope) and GSA (in scope but insufficient number of capable small businesses) it was evident that the best route for a competitive environment was to post on FBO.gov with a total small business set-aside. However, all information learned from the Intent to Sole Source special notice will be incorporated into the current market research document, and discovered companies may have an opportunity to bid on future re-compete actions if they qualify.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

An RFP was released in April 2018 which resulted in seven (7) interested sources. An “Intent to Sole Source” will be posted to FBO.gov, and this J&A will be updated with the results of that special notice.

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 supplies or services required.

As stated above, FEMA recently completed the re-compete process for this requirement. The goal was to award a long term contract with option years. There is no plan to continue to sole source this requirement after expiration of this six (6) month period of performance.

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.

______________________________________ _8/8/2018____ Contracting Officer Date

13. 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.

Technical Representative/COR Date

APPROVAL:

Contracting Officer Date

_____________________________________ _8/8/2018____ Tyuana Bailey Date Competition