A.02_J&A After the Fact FEMA Totem FINAL Redacted.pdf

DAL-21-6994

After-the-Fact Justification & Approval for Other Than Full and Open Competition

$2.1M Totem Pole Trailer Park Talent Oregon

Portland District Revised 20 May 2021

1. CONTRACTING AGENCY

U.S. Army Corps of Engineers (USACE) – Portland District (NWP), A-E/Construction Branch (CECT- NWP-C), located at 333 SW 1st Avenue, Portland, OR 97204.

2. DESCRIPTION OF ACTION

This after-the-fact justification and approval is to support subject emergency contract award on 11 May 2021 to Suulutaaq, Inc, in the amount of $2,165,245, on the basis of other than full and open competition. The district issued an Invitation for Bid for a firm fixed price contract using Disaster Relief funds for the site preparation of mobile home units (MHUs) at Totem Pole Trailer Park in Talent, Jackson County, Oregon. This work is in support of the Federal Emergency Management Agency (FEMA) under the Presidential Declaration of Emergency dated 10 September 2020 for the wildfires in Oregon. This procurement was set aside to local, small businesses who primarily reside or do business in the counties identified in the Presidential Declaration of Emergency. A synopsis of the requirement pursuant to FAR 5.203(a) was not be provided. A thirty-day response time for receipt of bids pursuant to FAR 5.203(c) was not provided, the IFB period was three calendar days.

The projected contract amount was approximately $1,100,000.00 prior to solicitation in which a verbal approval request for $1,100,000.00 was sent to the Office of Senior Contacting Official (SCO) on 3 May 2021 with approval received on 3 May 2021. The award was in the amount of $2,165,245.00.

3. DESCRIPTION OF SUPPLIES/SERVICES

The purpose of this contract is to provide construction services in accordance with the Presidential National Emergency Declaration. The work requires the contractor to furnish all materials, equipment, labor, layouts of work features, and supervision needed to construct a temporary community site consisting of approximately 27 group site pads. The selected site needs to be developed to operational status so that manufactured homes may be placed on site pads. Work includes demolition and removal of all above-ground and incidental below-ground utilities remains; removal of concrete pads, tree stumps, and several trees; topsoil backfill; constructing manufactured home gravel pads and gravel parking pads; minor and incidental positive storm water drainage; trenching and backfilling for utilities; installation of potable water lines, sewer lines, and electric power service; sawcutting of asphalt and repaving for utility installation; and installation of fencing and bollards. Utility-side, below grade electrical conduit will be installed as part of this contract. The total independent government estimate of this procurement was $1,350,000.00 and was provided on 10 May 2021. The period of performance for the contract is 24 calendar days in total, with required performance to begin immediately to meet this schedule.

There are no options.

4. Authority Cited

10 U.S.C. § 2304(c)(2), as implemented by FAR 6.302-2, DFARS 206.302-2(b) and PGI 206.302-2(b)(i), Unusual and Compelling Urgency. Competition was limited to local small business under the Stafford Act as well as the limiting the IFB period to three calendar days.

5. Reason for Authority Cited

Background: On 10 September 2020 a Presidential Declaration of Emergency was issued under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-3542-EM). This declaration provided for emergency protective measures for Clackamas, Douglas, Jackson, Jefferson, Klamath, Lane, Lincoln, Linn, Marion, Tillamook, and Washington Counties in response to the ongoing wildfires. FEMA is providing MHUs in order to provide temporary housing for those that have been displaced. Multiple locations across Oregon have been identified as able to support MHUs, however site preparation must be done in order to support the MHUs. FEMA provided USACE-NWP with a Mission Assignment on 17 November 2020 to provide assistance with the site development, construction, and installation of utilities throughout the impacted area.

Since mission assignment, the USACE-NWP has been working with FEMA to locate sites that can support mobile home units, coordinating with land owners to receive appropriate lease agreements, and clearing sites that were impacted by the fires back to a usable condition. USACE-NWP received notification from the Department of Environmental Quality on 30 April 2021 that the Totem Pole Trailer Park received a “No Further Action Required” memorandum which provided approval to begin the site preparation.

This work will be accomplished under the Stafford Act requiring award to local firms and has been done previously through FEMA for other locations throughout the United States.

Justification: PGI 206.302-2 states “[t]he circumstances under which use of this authority may be appropriate include, but are not limited to, the following: Supplies, services, or construction needed at once because of fire, flood, explosion or other disaster.” This requirement is for the materials, equipment, and labor required to prepare twenty-seven MHU site pads in response to the Presidential Declaration of Emergency for the wildfires in Oregon. FEMA will provide the MHUs to assist in housing displaced families affected by the wildfire. Should the preparation of the site pads be delayed, the displaced families will remain without homes creating a life, healthy, and safety concern. Therefore, this authority is appropriate to limit competition for the requirement. The period of performance of this contract will not exceed 24 calendar days after notice to proceed. The requirement will not be sole-sourced, however it will be set-aside for identified local small businesses (see paragraph 8).

Impact: Not securing a contract to allow the contractor to begin performance as soon as possible would result in delays of construction of providing temporary housing to the victims of the fire. FEMA’s mission is to provide temporary housing to the victims of the wildfires. Multiple families have been identified as displaced. Some have been living out of their cars or tents since the fires. Approval of this J&A will enable U.S.

Army Corps of Engineers, Portland District to expedite award for urgently needed construction services identified above in paragraph 3. In accordance with FAR 6.208, contracting officers may set aside solicitations to allow only offerors residing or doing business primarily in the area affected by such major disaster or emergency to compete without a separate justification.

Alternatives: The alternative to using the authority implemented by FAR 6.302-2, DFARS 206.302-2(b) and PGI 206.302-2(b)(i) would be to use formal acquisition methodology. A synopsis would need to be posted for fifteen calendar days and the requirement would need to be advertised for a minimum of thirty calendar days in accordance with FAR 5.203(a) and (c), respectively. If Portland District did not receive approval for an after-the-fact J&A, unacceptable further delay to placing critical infrastructure for families displaced by the wildfires would result. In order to meet the critical timelines to place these families as quickly as possible per FEMA’s mission, a J&A is required.

6. EFFORTS TO OBTAIN COMPETITION

For the reasons discussed in paragraph 5, above, the District determined that it was not practicable to have full and open competition and restrict the solicitation to several local small businesses. Six local small businesses were identified as capable and interested in the procurement during market research. A pre-solicitation site visit was held on 30 April 2021. Six firms attended the site visit. Three competitive bids were received.

7. ACTIONS TO INCREASE COMPETITION

Multiple small businesses have been identified in the affected areas that are capable of performing the work and will be provided the opportunity to submit a bid.

8. MARKET RESEARCH

In accordance with FAR 10.001(a)(2), market research was conducted for this requirement, as it is determined that limiting sources and awarding a contract is in the best interests of the government. The anticipated dollar value and urgency of this requirement warrant the use of limiting sources to fulfill the immediate needs of the government. The Government is attempting to maximize competition to the greatest extent practicable in accordance with FAR Part 6, and provide maximum practicable opportunities to locally based contractors. Leadership, understanding the latitudes afforded under FAR 6.302-2, did not want to completely divest itself of a competitive environment and therefore Portland District issued a limited competition. Market research has been conducted on an on-going basis since September 2020.

Coordinating with Portland District’s small business liaison, six capable firms were discovered that met the requirements of the Stafford Act and agreed to the identified time constraints on the projects.

9. INTERESTED SOURCES

USACE-NWP posted a Sources Sought Notice on 15 September 2020 for debris removal in response to the Oregon Wildfires. More than forty responses were received. These responses were analyzed to ensure the firms were capable of providing the construction requirements, capable of performing emergency response work, met the requirements of the Stafford Act, and were interested in bidding the work. A pool of six local small businesses was identified. The District will make this justification and approval publicly available within 30 days after contract award as required by FAR 6.305(b).

10. OTHER FACTS

The approved J&A has to be posted within 30 days after award IAW FAR 6.305(b).