FEMA_Region_III_AV_Refresh_J&A_FINAL.pdf

Attachment C2 Sole Source Justification (SSJ)

Test Program for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $150,000) pursuant to FAR Subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for acquisitions exceeding $150,000, including brand name for use when applicable.

SSJ No.: XXX-XX -

SSJ No.: XXX-XX

Date: September 28, 2019 PR Number: PX00166Y2016T, PX00182Y2019T, PX00184Y2019T, PX00185Y2019T, PX00185Y2019TA, PX00192Y2019T, PX00193Y2019T, PX00198Y2019T

Pursuant to the requirements under the authority of the test program for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “sole source justification.”

FEMA Region III Mission Support Division One Independence Mall, 6th Floor 615 Chestnut Street Philadelphia, PA 19106

Project officer: Judith Lamento, IT Branch Chief, 215-931-5696, judith.lamento@fema.dhs.gov )

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

(a) Type of Action: Firm-fixed price purchase order.

(b) Amount: $333,551.95

(c) Type of Funding: Operations and Support Funds

(d) Year of funding: FY 2019

FEMA Region III intends to award a sole source contract to The Costas Group (4800 Hampden Lane, Suite 200, Bethesda, MD 20814-2934) for AVI upgrades to FEMA Region III. The contractor has the expertise and required experience because it completed installation of previous upgrade projects.

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

The requirement is to provide AVI upgrades for FEMA Region III’s Regional Response Coordination Center (RRCC), Regional Watch Center (RWC), Regional Administrator’s (RA) Office, and multiple conference rooms at a total cost of $333.551.95. An upgrade of http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ mailto:judith.lamento@fema.dhs.gov mailto:judith.lamento@fema.dhs.gov

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -several AVI components of the current Region III AVI configuration as built in various stages from 2008 through 2011. This Statement of Work (SOW) also encompasses required updates to the current CATV installations. The AVI upgrade will include an upgrade of the Creston control processor as well as components and capabilities in three conference rooms and two office work areas throughout the regional office. The CATV refresh will consist of an upgrade to the RF Headend, CATV Tuners in the Regional Watch Center (RWC) and the CATV Tuners in the Regional Response Coordination Center (RRCC).

Period Total Base Year 12 mo $333,551.95

4. Identification of the authority. This action is being taken under the authority of the Test

Program for Commercial Items, 41 U.S.C. 1901 pursuant to FAR 13.501(a), Sole source (including brand name) acquisitions

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

Costas Group has the specialized technical and engineering exerperience required because it completed the previous and recent installations of the upgrade projects. Also in order to keep the intergrity of the work, the functionality, and the maintaining the warranties, it is in the Government’s best interest to contract with Costas Group for the required upgrades. Most importantly, Costas Group will not require any learning curve that adding a new vendor would result in significant operational and security risk to Region and additional time and cost. Using Costas Group will ensure the system is installed with same level of engineering expertise as the original designed and constructed system. Additionally, components used must synchronize with prior work and the solution design completed properly to ensure compatibility and synchronization.

This requirement is to provide IT updates to the Region III AVI system that seamlessly integrate and are technically and operationally compatible with the existing AVI infrastructure in the Regional Response Coordination Center (RRCC) and the Regional Watch Center (RWC). The RRCC and RWC AVI infrastructures were recently upgraded, the latter within the last year, by a single vendor who performed all FEMA RRCC and RWC upgrades as contracted by the Office of Response and Recovery at FEMA HQ. Finally, the vendor has intimate and proprietary knowledge of the required http://uscode.house.gov/ http://uscode.house.gov/

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -interconnections, security, programming, technical and component profile, and operational requirements of the AVI system across the agency, as well as an understanding of the urgent nature of the public safety and national security mission set executed by the Region under congressional mandate. The Region regularly executes these no-fail mission objectives in the spaces identified in the solicitation.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. (The discussion should include whether a FedBizOpps notice was or will be publicized, as required by FAR Subpart 5.301, 6.305(a). If the justification covers a brand name item, this section should address compliance with FAR 5.102(a)(6)).

RFQ 70FBR319Q00000020 was issued by FEMA Region III on September 18, 2019 to GSA eBuy to vendors on GWAC Strategic Sourcing Schedule 8(a) STARS II with a due date of September 25, 2019. On September 25, 2019 three (3) vendors submitted quotes with a fourth vendor submitting a quote after the due date and time. The vendor’s quotes were evaluated and all were found to be technically unacceptable due to the vendors not fully understanding and responding to the SOW. Furthermore, the vendor’s quotes did not demonstrate an understanding of the requirement to use FEMA TRM-compliant Cisco network equipment as defined in Appendix A of the SOW.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. (Use information such as commercial pricelists or prior acquisition history that will help the Contracting Officer determine the anticipated cost is fair and reasonable or discuss the application of any of the techniques described at FAR 13.106-3(a)(2) and/or 13.106-3 (b)(3)).

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on the fact that pricing of historical contracts, market research, and quotes provided buy offerors to RFQ 70FBR319Q00000020 posted on GSA eBuy.

8. Description of market research. (Market Research is required by FAR Part 10 and HSAM 3010, and the DHS Market Research Guide. Describe the results of your market research or provide a statement of the reason why market research was not conducted).

Region III reviewed the technical proposals and price evaluations for RFQ# 70FBR319Q00000020. It found the proposals to be unsatisfactory in their Technical Approach as defined and required in Factor 1 of the Evaluation Criteria and Factors. The proposals as received indicate that an overall assessment and design plan of the current system by the vendors will be conducted and developed, which would result in additional and unnecessary reprogramming to integrate with existing AVI

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -systems. These activities would result in unnecessary additional costs. Additionally, none of the offerors to RFQ# 70FBR319Q00000020 demonstrated an understanding of the requirement to use FEMA TRM-compliant Cisco network equipment as defined in Appendix A of the Scope of Work

The Costas Group has already conducted assessments, design plans and programming of the subject equipment while performing previously contracted work at FEMA Region III, all of which was FEMA TRM-compliant and seamlessly integrates with the RRCC and RWC AVI systems as a requirement of the RFQ.

The Costas Group is a certified Small Disadvantage Verteran Owned Small Business (SDVOSB) and has unique knowledge of the facility and infrastructure design from previous installations and upgrades.

9. Any other facts supporting the justification. (You must explain why technical data packages, specifications, statements of work, or purchase descriptions are not suitable for enhancing competition or not available. Discuss why your requirement cannot be modified to increase competition. If you are contending only one source can meet the Government’s minimum need, you must document the reason why and describe the extent to which the Government will be harmed if not acquired from that vendor. Address any potential duplication of cost, if applicable.)

RRCCs and RWCs are established the Public Law 109-295 (Post Katrina Emergency Reform act of 2006, Section 507) and assign responsibilities to the FEMA Regional Administrator’s to provide the capability of monitoring for and responding to all-hazards within each FEMA Region and communicate and conduct coordination with Federal agencies, State partners, and Non-Governmental Organizations (NGOs). The National Response Coordination Center (NRCC) and National Watch Center (NWC), established under Section 503 of the same Act, assign the FEMA Administrator responsibilities to prepare for, protect against, respond to, recover from, and mitigate against catastrophic incidents. All entities provide 24/7/365 monitoring for critical incident response and operations for the agency and the nation.

Furthermore, Homeland Security Act of 2002, 6 U.S.C. §§ 101 et seq., as amended by the Post- Katrina Emergency Management Reform Act of 2006, P.L. 109-295, Title VI, further authorizes FEMA as the lead agency for coordinating the Federal Response Plan under Executive Order 12148 and 12656. A secure, robust, technologically advanced RRCC and RWC, support by an operationally sound and secure AVI infrastructure is necessary to carry out these statutorily defined mission sets.

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

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -

RFQ 70FBR319Q00000020 was issued by FEMA Region III on September 18, 2019 to GSA eBuy to vendors on GWAC Strategic Sourcing Schedule 8(a) STARS II with a due date of September 25, 2019. Three (3) vendors submitted quotes with a fourth vendor submitting a quote after the due date and time. The vendor’s quotes were evaluated and all were found to be technically unacceptable due to the vendors not fully understanding and responding to the SOW.

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. (Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service).

As AV technology changes and advnaces, and the current AV equipment reaches its end of life, it may be necessary for FEMA to upgrade all AV equipment. At the time, FEMA will reach out to industry for new solutions.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name FAR 13.501(a)(1)(iv) and 5.102(a)(6).

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

14. Contracting Officer Certification and Approval*

Contracting Officer: Not exceeding $650K Date