ITCC_JA_posted.pdf

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

Date: July 20, 2016

Justification for Other Than Full and Open Competition

Part I

1. Agency and Contracting Activity. Department of Homeland Security, Federal Emergency

Management Agency; Region IX National Preparedness Division/Preparedness & Analysis Branch; Catherine Looper, 1111 Broadway, Suite 1200 Oakland, CA 94627, (510) 627-7285, Catherine.Looper@fema.dhs.gov

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

Inter-Tribal Council of California, Incorporated 3425 Arden Way, Sacramento, CA 95852

This requirement is for a Firm Fixed-Price Contract in the total amount of $200,000 for a base year and four (4) one-year option periods. The funding for the base year of the contract is FY 2016 funding; option years, if exercised, will be funded with current year funds. One of the top FEMA Region IX, Regional Administrator priorities is increasing tribal capabilities.

The FEMA Region IX tribal program accomplishes this by providing technical assistance and training programs that enable tribal governments to build and maintain high quality emergency management programs. With more than 150 tribal nations in Region IX, the tribal liaison program requires robust supplemental assistance in order to organize, advertise, host, and conduct these technical assistance workshops and training sessions. The intent is to use inter-tribal councils as vendors to do such work for FEMA Region IX.

3. Description of the Supplies/Services.

This requirement is for the planning, organizing, hosting, and evaluating technical assistance and training events for tribal governments on behalf of FEMA Region IX in Northern California. Development of an annual plan, foundational Emergency Management, Individual & Community Preparedness, Risk management, Grants, Hazard Mitigation, and Continuity of Operations. Specific types of training not available from other vendors include:

Tribal Community Emergency Response Team (CERT) training, Tribal Threat and Hazard Identification and Risk Assessment (THIRA) training, Emergency Management (EM) Planning and Technical Assistance training in Northern California.

Estimated value of the acquisition.

Base Year: 9/1/2016 – 8/31/2017: $40,000.00 Option Year 1: 9/1/2017 – 8/31/2018: $40,000.00 Option Year 2: 9/1/2018 – 8/31/2019: $40,000.00 mailto:Catherine.Looper@fema.dhs.gov

Option Year 3: 9/1/2019 – 8/31/2020: $40,000.00 Option Year 4: 9/1/2020 – 8/31/2021: $40,000.00 Total (Base + 4): $200,000.00

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 FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. Demonstration that the Nature of the Acquisition Requires Use of the Authority Cited.

The Region IX Administrator in FEMA has prioritized increasing tribal capabilities throughout the region. In order to do so FEMA Region IX has committed to providing technical assistance and training programs that enable tribal governments to build and maintain high quality emergency management programs. This area has more than 150 tribal nations and requires a tribal liaison program to facilitate and provide workshops and training sessions on emergency management topics.

While there are additional contractors that do provide some emergency management training, each have access challenges for the Region IX tribes to participate. For example, the city and county Offices of Emergency Services (OES) where these tribes are located (1) are not required to include tribal participation in the delivery of their emergency management training courses/workshops; (2) are unable to conduct mobile training deliveries; (3) do not offer specific types of required training: Tribal Community Emergency Response Training (CERT), Tribal THIRA, or EM Planning & Technical Assistance; and (4) do not have the established professional relationships with tribal leaders to be effective at facilitating, planning, identifying, and ultimately delivering training onto tribal lands in a culturally competent and appropriate manner.

Tribal participation is obviously a key factor to successfully being able to increasing tribal capabilities in regards to their emergency management programs. As Region IX’s tribal program was initially getting off the ground, regional employees attempted to work independently of any recognized intertribal organizations to recruit, host, and deliver tribal emergency management trainings, workshops, consultations, meetings, and conferences to its tribal government partners. The result of these independently delivered outreach activities were not as effective as they could have been due to the region’s inability to plan and deliver the volume of outreach necessary to achieve impactful outreach with only two (2) dedicated Tribal Liaisons to serve over 150 tribal governments as well as low tribal turnout at these events. It was determined that the low turnout was primarily attributed to a lack of tribal credibility, geographic proximity, and established regular working relationships with the tribes that would have provided FEMA employees insight on the tribes’ working knowledge about FEMA programs, emergency management concepts and disaster preparedness. For example, the Intertribal Council of California was instrumental in identifying, recruiting, and successfully delivering teen and tribal CERT to approximately 32 California tribes. Region IX personnel does not have the resources nor the established relationships with these tribal governments in order to create these successful training opportunities. As a result of ITCC’s engagement with its member tribes in Northern California, they have been instrumental in building emergency management capacity, knowledge, and preparedness in the tribal communities it serves.

Having the credibility with the tribes and being able to provide mobile training delivery is an important aspect in order to ensure tribal participation. Most tribes in the area do not have the resources available to send members to off-site training. Mobile training allows for the greatest participation and getting to the overall goal of having tribes maintain high quality emergency management programs. Completion of a Tribal THIRA is required for any tribes awarded funding thru the Tribal Homeland Security Grant Program. The completion of a tribal Emergency Operations Plan and FEMA approved Hazard Mitigation Plan are requirements to making a request for a FEMA Presidential Disaster Declaration (PDD) and accessing FEMA Stafford Act programs. Therefore, it is imperative that Region IX tribes are adequately trained & understand these requirements.

Therefore, the authority permitting other than full and open competition at 41 U.S.C.

3304(a)(1) and implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements” is being used to award this requirement. The ITCC creates and promotes programs & services impacting the health, education, economic, social, cultural, environmental, legal and tribal governance development for tribal people throughout California. Inherent in all the work of ITCC is recognition of tribal governments as sovereign nations, capable of self-governance and economic sustainability supporting healthy individual tribal communities. They accomplish this through public policy, advocacy, Tribal engagement, consortia development, cultural competency, and training and technical assistance.

If this Justification for Other than Full and Open Competition is not approved, FEMA Region IX National Preparedness Division/Preparedness & Analysis Branch will not meet the Regional Administrator’s goal of enabling tribal governments to build and maintain high quality emergency management programs. In turn, the tribes in this region and Northern California in particular, may not be adequately equipped to prepare for, protect against, respond to, recover from, and mitigate all hazards. Regular access to and communication with tribal governments in Region IX rely on the ability of trusted and established tribal organizations such as the ITCC to assist FEMA employees in gaining access to the tribes in order to conduct disaster preparedness outreach to tribal communities.

The Inter-Tribal Council of California, Inc. is a sole source provider because they are the only organization in that has established relationships, extensive reach and access to several tribes spread throughout their geographic region in Northern California.

Additionally, partnering with this organization reduces regional travel funding requirements and allows tribes better access to programmatic technical assistance due to the proximity of the organization to their respective member tribes. ITCC has the capability to regularly communicate with member tribes, collectively assess and prioritize their disaster preparedness requirements, and inform the regional office on the best way to address these requirements. With only 2 Tribal Liaisons in Region IX, there are not sufficient resources and staffing to leverage and support individual outreach to the 150+ tribes within the region’s area of responsibility.

As sovereign nations, tribal governments have a unique relationship with the U.S.

Government. They have the right to work directly with the federal government in ways that local and even state jurisdictions cannot. Tribal sovereignty in the United States is the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The U.S. Federal Government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments. In addition, tribal nations have had a long, often adverse experience with the federal, state and local governments as well as with the private sector. Due to these factors, working effectively with tribal governments often requires a deft hand by Tribal Liaisons to establish working relationships for projects. It is not uncommon for tribal nations not to cooperate if they do not know and trust organizations that approach them. Due to their wariness of outside organizations, FEMA Region IX has found the most successful for working with tribal governments is with them directly or through inter-tribal councils, in this case ITCC.

For reasons of historical, cultural sensitivity and trust, sovereign tribal governments are very selective about who they allow onto their tribal lands to assist them. Therefore, no other organizations would have been able to provide this training because they are the only non-governmental organization that has an established and secure relationship with the tribal communities in their jurisdictions. As discussed in the examples, when ITCC is involved in a presentation/training, participation by tribes is much higher.

The overarching goal is to have the tribes prepared in case of disaster as stated under mission and Presidential Policy Directive -8: National Preparedness:

“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.”

Without the support from ITCC, FEMA would not be able to meet this mission for the Northern California Tribal Nations.

6. Description of Efforts made to ensure that Offers are solicited from as Many Potential

Sources as is Practicable.

The combined synopsis/solicitation for this requirement will be posted along with this Justification for thirty (30) days. Any responses from additional vendors will be considered and reviewed for their technical ability against a published technical evaluation plan.

However, from the Market Research conducted by the Technical Representative, no other vendors are expected to be able to adequately respond to this requirement for tribal emergency management training in Northern California.

7. Determination by the Contracting Officer that the Anticipate Cost to the Government will be fair and Reasonable.

These services have previously been contracted for with Inter-Tribal Council of California, Inc. under HSFE09-15-P-0143. The average cost was $10,000 per event including associated travel costs. Under the referenced contract the total cost was $60,000 for six (6) training/workshop events. The estimated cost for the proposed requirement is approximately $6,000 per event with additional costs for travel. The contractor is expected to provide up to five (5) events for a total of $40,000/year including $10,000 in travel costs.

8. Description of Market Research.

The Technical Representative conducted Market Research and found the following vendors who are not able to meet the Government’s need and do not have the access to the tribes that ITCC has:

Texas A&M Engineering Extension Service (TEEX): TEEX is listed as an approved contractor on the GSA schedule to deliver a variety of Emergency Management Training such as: All-Hazards Training & Exercises, HAZMAT Response, Cybersecurity, & Incident Management. However, because this contractor is located out of state and does not have any established working relationships with the tribes in this region, they would not be able to garner the level of tribal leadership support and approval necessary to obtain access to tribal lands in order to deliver training.

OSTS, Inc.: Located in Southern California, they offer a full-suite of HAZMAT training.

Also, this contractor does not have any established working relationships with the tribes in this region. Therefore, they would not be able to garner the level of tribal leadership support and approval necessary to obtain access to tribal lands in order to deliver training

Chinook Prevention & Preparedness Group: Provides professional and analytical services supporting local, state, federal, tribal, and private sector prevention and emergency preparedness efforts. They offer specialized expertise in emergency preparedness planning, training, and exercise design. Chinook Group is an established economically disadvantaged woman-owned small business (EDWOSB), based in Colorado’s Rocky Mountains. However, because this contractor is located out of state and does not have any established working relationships with the tribes in this region, they would not be able to garner the level of tribal leadership support and approval necessary to obtain access to tribal lands in order to deliver training.

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

This requirement is not suitable for full and open competition because there are no other contractors that have the required access to the tribal nations of Norther California that the Inter-Tribal Council of California has in order to ensure that tribal governments are trained to build and maintain high quality emergency management programs. Working effectively with tribal governments often requires a deft hand by Tribal Liaisons to establish working relationships for projects. It is not uncommon for tribal nations not to cooperate if they do not know and trust organizations that approach them. Due to their wariness of outside organizations, FEMA Region IX has found the most successful method of working with tribal governments is with them directly or through inter-tribal councils with which the respective tribes are participating and active members. And for reasons of historical, cultural sensitivity, and trust, sovereign tribal governments are very selective about who they allow onto their tribal lands to assist them.

10. Listing of Sources, if Any That Expressed, in Writing, and Interest in the Acquisition.

No sources have expressed an interest at this time.

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.

Region IX National Preparedness Division/Preparedness & Analysis Branch will continue to seek out opportunities for providing tribal emergency management preparedness training.

The synopsis for future opportunities will be posted at the Government Point of Entry (GPE) for review and comment by industry and to encourage future competition.

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: Catherine Looper Title: Senior Tribal Liaison Email: catherine.looper@fema.dhs.gov

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.

Andrea L. Brunsman, Contracting Officer Date mailto:catherine.looper@fema.dhs.gov