JOFOC.pdf

U.S. Department of Homeland

Security

FEMA Region IX

1111 Broadway, Suite 1200

Oakland, CA 94607-4052

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Per 41 U.S.C. 3304(a)(2))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the 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, Region IX Mission Support Division, proposes to award contract on a basis other than full and open competition.

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

(a) Type of action: Firm-fixed price contract

(b) Amount: $50,000.00

(c) Type of funding: Disaster Relief Fund

(d) Year of funding: FY2018; and

(e) Other brief descriptive words and phrases: FEMA intends to award a contract to procure on a sole source basis a partnership with the California State Historical Preservation Office (SHPO) in order to receive specific documentation and research requirements necessary to create complete consultation packages. The CA SHPO is the only entity capable of providing this information via the use of the California Historic Resources Information System (CHRIS), which is a state repository for confidential information that is historic in nature.

CHRIS is split into multiple data centers across the state – associated with different universities.

FEMA needs to establish a central point of contact with CA SHPO that can deliver CHIRS search requests to FEMA”s Environmental Planning and Historical Preservation (EHP) department.

3. Description of Supplies/Services. This requirement is to provide support to FEMA”s

Environmental Planning and Historical Preservation (EHP) department in order to create complete consultation packages in support of Public Assistance recovery operations under DR-

4308-CA, which is estimated to cost $50,000.00.

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)(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 Nature of the Acquisition Require Use of the Authority Cited.

The Federal Emergency Management Agency (FEMA) proposes to administer Federal disaster assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L.

93-288, as amended 42 U.S.C. 5121-5207, in response to Federally declared disaster DR-4308-

CA. FEMA has determined that Implementing its programs may result in Undertakings as defined by 16 U.S.C. §470w and 36 C.F.R. §800.16(y). In order to process applications for funding, FEMA must ensure it is in compliance with a number of Federal Laws and Executive

Orders that require Federal Agencies to consider the effects of their Undertakings on the natural and built environments, including Section 106 of the National Historic Preservation Act (NHPA) and the Section 106 Implementing Regulations at Title 36 C.F.R. Part 800. FEMA, the California

State Historic Preservation Officer (SHPO), and the California Governor’s Office of Emergency

Services (CA OES) executed Programmatic Agreement (PA) on October 30, 2014, that further defines how its Undertakings in the State of California will be implemented. The PA stipulates that in certain situations FEMA also must consult with the OHP, and Tribal Historic Preservation

Officers (THPO) as necessary. In accordance with the PA, and 36 C.F.R. Part 800, FEMA must make a good faith and reasonable effort to identify historic properties within the Area of

Potential Effects (APE) of its Undertakings.

a. The identification process requires that FEMA determine the presences of previously identified Historic Properties, including standing structures and archaeological resources, through database research.

b. The California Historical Resources Information System (CHRIS) consists of the OHP, nine

Information Centers (ICs), and the State Historical Resources Commission (SHRC). The OHP administers and coordinates the CHRIS and resents proposed CHRIS policies to the SHRC, which approves these policies in public meetings. The CHRIS Inventory includes the State

Historic Resources Inventory maintained by the OHP as defined in the California Public

Resources Code §5020.1(p), and the large number of resource records and research reports managed under contract by the nine ICs.

c. The alternative to database research necessary to determine the presence of historic properties within a given APE, would be to deploy contractor support who meet the Secretary of the

Interior’s Professional Qualifications Standards 36 C.F.R §61, to conduct extensive, time consuming, and costly field work including but not limited to evaluations of Buildings, Objects, Structures, Districts, and Sites, including archaeological investigations.

d. The OHP is the sole repository of the data that FEMA needs to obtain in order to be able to perform the necessary reviews in order to comply with the PA and Section 106 NHPA. Without a CHRIS report, FEMA would be unable to identify known historic properties with the APE of individual Undertakings, and consult with the SHPO/OHP and/or THPO, and would therefore not be able to demonstrate its Undertakings would be in compliance with Section 106 NHPA, and would not be able to process grant applications.

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

Sources as is Practicable. FEMA has made this justification publically available pursuant to

FAR 6.305 on FedBizOpps.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer has determined that pricing for these services to be fair and reasonable based on: the current price list, previous price list, and previous purchase orders (HSFE09-17-P-0051, 70FBR918P00000088, and 70FBR918P00000089).

8. Description of Market Research. The internet was searched for a list of contractors that could provide the required service for FEMA’s EH department. Market Research was unable to find another source, other than CA SHPO that could support EHP’s mission in regards to the data needed to create complete and accurate consultation packages. Much of the data required by

EHP is sensitive in nature. Property rights and license agreements apply to the access of the

CHRIS system used to gather the required data.

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

Contracting Officer finds it to be in the best interest of the Government to issue an award to the

California Department of Parks and Recreation to provide EHP with the data required via CHRIS to support the mission of EHP and adequately support Public Assistance disaster recovery effort in support of DR-4308-CA.

This assessment is being made on the basis that limited sources are able to provide the necessary data required. This award is to support disaster operations and failure to have these services would substantially hinder recovery efforts. Failure to award this requirement could create significant challenges to FEMA providing critical support to disaster applicants under DR-4308-

CA.

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

Acquisition. NA

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. Currently, CA SHPO is the only entity capable of providing FEMA”s EHP with all the confidential historical information required to build complete applicant consultations packages.

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.

Contracting Officer Date

13. Technical/Requirements Personnel Certification. I certify this requirement meets the

Government’s minimum need and that the support data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

APPROVAL:

Contracting Officer (Not Exceeding $650K) Date