2019_CC_Sole_Source_Letter_(002).pdf

U.S. Department of Homeland Security Federal Emergency Management Agency Acquisition Management Division

Justification for Other Than Full and Open Competition

Part I

1. Agency. FEMA Region IX , National Preparedness Division: 1111 Broadway, Suite 1200

Oakland, CA 94607

2. Nature and/or description of the action being approved. 2019 Continuing Challenge HazMat Workshop

3. Description of the supplies or services required to meet the agency’s need.

The Continuing Challenge HazMat Workshop is to provide training with a hand on approach for first responders throughout Region IX in a training that is distinctive and not offered by another company.

4. Estimated value of the acquisition. $30,000.

5. Authority for acquiring the supplies or services on other than a full and open competitive basis. (Check applicable exception and provide a justification to include a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited below the selection.)

[X] Authority is FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

[ ] Authority is FAR 6.302-2, unusual and compelling urgency.

[ ] Authority is FAR 6.302-5, authorized or required by statute. (Check one.)

□ Qualified Nonprofit Agencies for the Blind or other Severely Disabled— 41 USC 46-48c.

□ Government Printing and Binding—44 USC 501.

□ Sole source award under the 8(a) Program—15 USC 637.

□ Sole source award under the HUBZone Act of 1997—15 USC 657a

□ Sole source award under the Veterans Benefit Act of 2003—15 USC 657f

[ ] Authority is FAR 8.4, brand name specifications or less than three sources are being considered under Federal Supply Schedule.

Justification:

FEMA Region IX has supported the Continuing Challenge HazMat Workshop for over twenty years. Our Spend Plan for Fiscal Year 2019 had $30,000 set aside for first responders to attend HAZMAT training. The money is used by the non-profit Continuing Challenge HazMat Workshop to select candidates for the tuition grants. The tuition grants fund state, local, pacific territories and tribal first responders that could not attend the training without the sponsored tuition from FEMA. The bona fide Government requirement that necessitated the commitment is Presidential Policy Directive -8: National Preparedness as stated:

“This directive is aimed at strengthening the security and resilience of the United States through systematic preparation for the threats that pose the greatest risk to the security of the Nation, including acts of terrorism, cyber-attacks, pandemics, and catastrophic natural disasters…The Secretary of Homeland Security shall coordinate this effort with other executive departments and agencies, and consult with State, local, tribal, and territorial governments, the private and nonprofit sectors, and the public.”

The benefits that would be received as a result of the funding ($30,000) include the prevention, protection against, mitigation of the effects of, response to, and recovery from those direct HAZMAT threats that pose the greatest risk to the community.

The Continuing Challenge has a long history of supporting first responders in the region. Fire, Police and Emergency Managers from states, tribes and territories all count on the latest training to help them respond to a disaster. There is no training similar on the west coast and the partnership with FEMA has provided a strong relationship. The closest training that is similar to the Continuing Challenge is the HAZMAT Conference in Baltimore. The training there is much more expensive and would not be as cost effective as the Continuing Challenge because of the increased travel dollars and travel time.

The Continuing Challenge HAZMAT Workshop training will be delivered during the week of September 24-27, 2019. For more information please see the workshop’s website at www.hazmat.org.

Additional supporting facts for the acquisition:

a. If only one source is the basis for the J&A, explain why technical data packages, statements of work or purchase descriptions suitable to maximize competition to the maximum extent practicable have not been developed or are not available.

The continuing challenge has a long history of supporting first responders in the region.

Fire, Police and Emergency mangers from states, tribes and territories all count on the latest training to help them respond to a disaster. There is no training similar on the west coast and the partnership with FEMA has provided a strong relationship. There are no similar trainings on the West Coast that provide specific hazmat training as well as the value for paying for tuition grants. Students are required to pay for their own travel expenses.

There is a similar training held on the East Coast but it would involve an astronomical cost to the government in order to have first responders travel to the East Coast. This training is to bring all first responders together in the area.

b. If the proposed acquisition is a follow on acquisition, an estimate of the cost to the government that would be duplicated by awarding to a different contractor and how that estimate was derived. N/A

c. If the new work is a logical follow-on to an original Federal Supply Schedule order was the original order placed in accordance with the applicable Federal Supply Schedule ordering procedures? (Note: The original order must not have been previously issued under sole source or limited source procedures.) N/A

d. If the basis of a sole source is unusual and compelling urgency, furnish data, estimated cost or other rationale as to the extent of harm to the government if competition were obtained.

7. Actions taken to removal of barriers to competition. (Provide a statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.) N/A

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 Date

PART II

1. 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. (Insert details here including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.)

2. Market Research. Market research was conducted and no such training exist in the west coast and the reason for the training is to bring all first responders together in the same area t support their efforts to develop and maintain an effective emergency management and response capability

Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. I have determined that the anticipated price(s) will be fair and reasonable based on the following: Historical information contained in HSFE09-17-P-0048 and 70FBR918P00000113 where the same amount was provided for tuition grants for students at the same cost of $450/student for 66 students and a $300 administration fee.

Based on the estimated acquisition value identified above, I concur with and approve the above justification:

Contracting Officer’s Signature Date

Office of Chief Counsel Date (Reviews Greater than $100,000.00 and provide Legal Advice, as applicable)

Competition Advocate’s Signature Date (Greater than $550,000.00)

Head of the Contracting Activity’s Date Signature (Greater than $11,500,000.00)

Chief of the Procurement Office, DHS Date Signature (Greater than $57,000,000.00)