J A - Mission Planning.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by Federal Acquisition Regulation (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 6.303-2 as follows:

1. Agency and Contracting Activity

The Department of Homeland Security, Federal Emergency Management Agency (FEMA), Office of the Chief Procurement Officer proposes to increase the scope of the Disaster Housing Assessment Team and Mission Contingency Planning Contract, 70FB8019D00000001 (the “Mission Planning Contract”), via a bilateral contract modification, on a basis other than full and open competition.

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

The FEMA Office of the Chief Procurement Officer proposes to increase the scope of the Mission Planning Contract to encompass the services provided under the Logistics and Construction Support Contract, 70FB8018D00000037 (the “Logistics Contract”). This requirement will ensure the continuity of disaster-related services by bridging a gap between the expiration of the Logistics Contract and the award of a consolidated follow-on contract. The Mission Planning and the Logistics Contracts are the primary contract vehicles supporting the planning and execution of FEMA’s direct temporary housing missions. Authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Stafford Act”), the direct temporary housing missions executed by FEMA ensure displaced disaster survivors receive safe and sanitary temporary housing when state and local resources have been exhausted.

The Mission Planning Contract is an indefinite-delivery, indefinite-quantity contract vehicle established in 2019. Task orders issued under the Mission Planning Contract provide planning support and determine the feasibility of executing direct temporary housing missions in communities impacted by major disasters. The Mission Planning Contract consists of a 1-year base period, four (4) one-year option periods, and an option to extend services for an additional six (6) months, pursuant to FAR 52.217-8. The Mission Planning Contract is currently in Option Year 4, which expires on June 24, 2024. The Mission Planning Contract was awarded to Dewberry Engineers, Inc. (“Dewberry Engineers”) on June 24, 2019, under request for proposal (RFP) number 70FB8018R00000017, following a full and open competition. Dewberry Engineers is a large corporation whose principal business office is located at 8401 Arlington Boulevard, Fairfax, Virginia 22031-4619.

The Logistics Contract is an indefinite-delivery, indefinite-quantity contract vehicle established in 2018. Task orders issued under the Logistics Contract provide logistics support and project oversight during the execution of direct temporary housing missions within and outside the continental United States. The Logistics Contract has an ordering period of five years and six months that expires on March 27, 2024. The Logistics Contract was awarded to Dewberry Engineers on June 26, 2018, under

RFP number 70FB8018R00000019, following a full and open competition.

Due to the interrelationship between the Mission Planning Contract and the Logistics Contract, a follow-on acquisition is underway to consolidate the requirements into a single solicitation in order to streamline FEMA’s disaster response and reduce Government costs. The projected award date of the consolidated follow-on contract is on or around June 24, 2024.

This requirement will bridge the gap in services between the expiration of the Logistics Contract and the award of a consolidated follow-on contract. Specifically, the Mission Planning Contract will be bilaterally modified to incorporate the services currently provided under the Logistics Contract. Task orders issued under this requirement will be firm-fixed-price and may be funded using disaster funding or appropriated funding, depending on the task order requirements. The anticipated duration of this bridge requirement is approximately 3 months but may be extended up to 150 days to ensure continuity of services until the award of the consolidated follow-on contract. The estimated value of this requirement is approximately over the projected 3-month performance period.

3. Description of Services

This requirement is for project management and construction support services to facilitate the execution of FEMA’s direct temporary housing programs. It is anticipated that the work performed under this requirement will primarily support FEMA’s Transportable Temporary Housing Unit (TTHU) program. However, work performed under this requirement may also support other direct temporary housing programs, such as the Multifamily Lease and Repair and the Permanent Housing Construction programs.

This requirement will include the provision of the following services: project oversight of surveying, debris cleanup, site grading, site utility infrastructure, water distribution systems, electrical service, roads-surfaces-pads, construction fencing, TTHU transportation, TTHU site inspection, TTHU installation, TTHU maintenance, and TTHU deactivation; feasibility determinations; preparation of design packages; supply chain analysis (SCAN); and other services necessary to support FEMA’s direct temporary housing missions.

The services authorized under this justification and approval (J&A) are for a period of approximately 3 months but may be extended up to 150 days pursuant to Homeland Security Acquisition Regulation

(HSAR) 3006.302-270.

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)(2), implemented by FAR Subpart 6.302-2, titled “Unusual and Compelling Urgency.” Additionally, in accordance with HSAR 3006.302-270, the period of performance of this requirement shall be limited to 150 days unless the Head of the Contracting Agency determines that exceptional circumstances apply.

5. Demonstration that the nature of the acquisition requires use of the authority cited.

a. Unusual and Compelling Urgency

FEMA’s need for the required services is of such an unusual and compelling urgency that the agency would be seriously injured unless it is permitted to limit the number of sources from which it solicits proposals. Under the authority of the Stafford Act, the FEMA Logistics Management Directorate (LMD) ensures life-sustaining commodities and services are provided to individuals and communities within and outside the continental United States after presidentially declared disasters. The services to be procured pursuant to this J&A will support the execution of LMD’s temporary housing missions and emergency management functions and enable displaced disaster survivors to receive safe and sanitary temporary housing until permanent housing is secured.

Due to the criticality of the required services on a national scale, the impending lapse of services presents an unusual and compelling urgency, as a lapse in the required services would impair FEMA’s disaster response capabilities and lead to the prolonged displacement of disaster survivors throughout the country. Such a lapse would increase human suffering by prolonging the sheltering and displacement of disaster survivors whose communities lack sufficient resources to provide temporary housing for their displaced residents. Additionally, it would increase the administrative burdens of other programs that provide supportive services to displaced disaster survivors.

b. Circumstances Surrounding the Proposed Action

The acquisition of the follow-on requirement has experienced multiple delays over the course of the planning phase due to unexpected, fundamental changes to the requirement. Specifically, the scope of the requirement and the acquisition strategy were changed multiple times to ensure a better alignment between the needs of the Government and the requirement. These fundamental changes lead to several rounds of revisions to the performance work statement and solicitation documents. Furthermore, in the course of conducting market research, it became evident that the planned contract type was not suitable for the requirement and that changing the contract type and pricing structure would be necessary to reduce significant cost risks to the Government. Consequently, the independent government cost estimate (IGCE) was reformulated multiple times to reflect the new contract type and pricing structure under the guidance of a pricing expert. Cumulatively, these unforeseen changes have caused a projected 3-month delay in the award of the consolidated follow-on requirement.

c. Contractor Qualifications

Dewberry Engineers possesses the essential qualifications to successfully perform the required services. As the incumbent contractor of both the Mission Planning Contract and the Logistics Contract, it has over five years’ experience providing services that support the planning and execution of direct temporary housing missions. Additionally, Dewberry Engineers has over 60 years of industry experience providing planning, design, and construction services on behalf of public and private sector clients. Moreover, Dewberry Engineers is a nationwide business with 60 locations, allowing it to respond to multiple disaster simultaneously within and outside the continental United States.

d. Alternatives to the Sole Source Action

There are no feasible alternatives to bridge the impending gap between the expiration of the Logistics Contract and the award of the consolidated follow-on contract other than on a sole source basis. Due to the devastating impact of emergencies and major disasters, an advance contract vehicle is critical for ensuring immediate mobilization and deployment of contractor staff to communities impacted by presidentially declared disasters. Soliciting and awarding a stand-alone contract for each direct temporary housing mission would result in unacceptable delays that would prolong the displacement of disaster survivors and threaten the success of FEMA’s mission objectives. Therefore, it is not a feasible alternative.

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

Sources as is Practicable.

Pursuant to FAR 6.302-2, efforts were made to secure proposals from potential sources in the marketplace. Specifically, a “Notice of Intent to Award Sole Source” was published on the System for Acquisition Management (SAM.gov) on February 14, 2024, with a closing date of February 22, 2024.

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

The Contracting Officer determines that the anticipated cost of the required services will be fair and reasonable. Pricing will be negotiated at the task order level and will be based on the labor rates established under the Mission Planning Contract and the level of effort needed to fulfill the task order’s requirements. The labor rates under the Mission Planning Contract were competitively negotiated and determined to be fair and reasonable prior to the award of the contract. During the evaluation of each task order proposal, the proposed level of effort will be carefully analyzed to ensure it is reasonable for the work to be performed. Additionally, the price analysis techniques set forth under FAR 15.404-1 will be utilized where appropriate.

Based on historical spend, the estimated value of the required services is over the projected 3-month bridge period. However, since the Mission Planning Contract’s current value is significantly less than its maximum value, it is unlikely that this action will require a ceiling increase.

8. Description of Market Research

Pursuant to FAR Part 7.102 and FAR Part10, Market research was conducted from 2022 through 2023 to identify potential sources in the marketplace. Market research activities included: publishing a Request for Information (RFI), holding an industry day event, reviewing the acquisition history of the existing requirements, interviewing knowledgeable individuals in the industry, reviewing commercial and government databases, and reviewing the DHS-wide and multi-component contract vehicles. Eight businesses responded to the RFI, and 25 businesses attended the industry day event.

The results of the market research suggest there are multiple businesses capable of fulling the required services. However, only one capability statement was timely received, and it was determined to be technically unacceptable.

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

Given the complexity of this requirement and its short duration, the probability of mission failures would significantly increase if a contractor other than the incumbent were to perform the required services. Due to the interdependence and integration of the Mission Planning Contract and the Logistics Contract, there is a significant risk of operational misalignments if the contracts were not performed by the same contractor. Such misalignments could disrupt the execution of FEMA’s housing missions, resulting in higher costs to the Government and prolonged displacement of disaster survivors.

Additionally, due to the complexity of the requirement, a new contractor would likely face a learning curve that would result in decreased efficiencies and delays in the execution of mission-critical tasks.

Therefore, to ensure a streamlined response to presidentially declared disasters, it is imperative that the incumbent contractor continue performing the requirements of both the Mission Planning Contract and the Logistics Contract until a consolidated follow-on contract can be awarded through a full and open competition.

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

Acquisition

A “Notice of Intent to Award Sole Source” was published on SAM.gov on February 14, 2024, with a closing date of February 22, 2024. In response to the Notice of Intent, the Government received capability statements from HPP Cares and Hackett Lu Holdings, LLC.

The capability statement submitted by HPP Cares was received on February 20, 2024, and was evaluated by the Government in accordance with the criteria set forth in the Notice of Intent. Ultimately, it was determined to be technically unacceptable because it failed to provide clear and convincing evidence of the organization’s experience and capabilities to perform the required services.

The capability statement submitted by Hackett Lu Holdings, LLC was received on February 28, 2024.

However, it was not considered nor evaluated because it was received after the closing date.

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.

It is anticipated that a solicitation for the consolidated follow-on requirement will be published on SAM.gov in April 2024. To ensure maximum competition and provide all businesses a fair opportunity to compete for the award, the solicitation will be published as unrestricted. The projected award date of the follow-on consolidated contract is on or around June 24, 2024. The period of performance of this bridge action is the minimum time necessary to ensure the continuity of services until a competitive follow-on contract is awarded.

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