SSJ_Fallen_FF_Foundation_2016_-_Fully_Executed_Aug_18_2016_.pdf

U.S. Department of Homeland Security

Federal Emergency Management Agency

Office of the Chief Procurement Officer

Justification for

Other Than Full and Open Competition

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 (DHS), Federal Emergency Management Agency

(FEMA), United States Fire Administration (USFA) proposes awarding a contract by means of other than full and open competition. The USFA point of contact is Valerie Benson, Building

Manager, USFA, 301-447-7576, Valerie.Benson@fema.dhs.gov

2. Nature and/or description of the action being approved The contract action will be a firm-fixed price (FFP) contract awarded to National Fallen

Firefighters Foundation (NFFF).

Period of Performance TOTAL

September 10, 2016 through September 9, $431,000

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

Since 1981, the Federal Emergency Management Agency (FEMA) had sponsored The National

Fallen Firefighters Memorial Service under the leadership of its United States Fire

Administration (USFA). The service is held each October in conjunction with National Fire

Prevention Week, and symbolizes the gratitude all Americans feel toward the men and women of the fire service who work tirelessly to protect our communities from all emergencies.

FEMA requires a Contractor that can provide planning, direction, and management for the 2016

National Fallen Firefighters Memorial Weekend. The term “Memorial Weekend” shall include the Small Group Survivor/Grief Sessions, the Candlelight Service, the Chapel Service/Vigil, and the National Memorial Tribute Service. The term “planning, direction, and management” shall encompass all activities necessary to produce the Memorial Weekend and related events. Some mailto:Valerie.Benson@fema.dhs.gov of the unique tasks included within this support during the Memorial Weekend, in prior planning sessions, and in the months that follow, shall include:

Holding meetings, as necessary, to consider appeals by families or fire officials of fallen firefighters previously turned down or inadvertently omitted.

Consulting with fire service groups and families of the fallen firefighters to identify any needed changes to the Weekend.

Providing a plaque which identifies the names of the Fallen Firefighters to be honored during the 2016 Memorial Services as well as the names of Fallen Firefighters added from previous years.

Providing travel, lodging, and meals for immediate survivors of fallen firefighters being honored. This allows survivors to participate in Family Day sessions conducted by trained grief counselors and in the private and public tributes.

Maintaining the NFFF Memorial, the historical Chapel and associated walkways utilizing established policies and procedures for obtaining and placing bricks on the Memorial

Walk and Walk of Honor.

Maintaining the Chief-to-Chief network which leads to outreach to surviving family members through the Fire Service.

Providing continuous support to survivors of fallen fire fighters through the NFFF

Survivor’s Conference and Kid’s Camp and other associated programs.

Identify and investigate on all on-duty firefighter fatalities, keep a data base of this information, and provide reports and incident summaries which meet the USFA criteria.

4. Authority for acquiring the supplies or services on other than a full and open competitive basis.

The statutory authority permitting other than full and open competition is 41 U.S.C 253(c)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled “only one responsible source and no other supplies or services will satisfy agency requirements.

5. Justification:

Pursuant to FAR 6.302-1, a sole source award to NFFF is permitted in this case because they are the only source able to provide the services that will satisfy agency requirements. In evaluating the requirement and expertise needed to ensure Memorial Weekend’s success, it is evident that

NFFF is the only source capable of providing the services required. The United States Congress created the National Fallen Firefighters Foundation (NFFF) to lead a nationwide effort to remember America's fallen firefighters. Since 1992, the tax-exempt, nonprofit Foundation has developed and expanded programs to honor our fallen fire heroes and assist their families and coworkers. The Foundation receives funding through private donations from caring individuals, organizations, corporations, and foundations.

In accordance with 36 USC Chapter 151302; the purposes of the foundation are:

(1) (A) to encourage, accept, and administer private gifts of property for the benefit of the

National Fallen Firefighters' Memorial and the annual memorial service associated with the memorial; and

(B) to, in coordination with the Federal Government and fire services (as that term is defined in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203)), plan, direct, and manage the memorial service referred to in subparagraph (A);

(2) to provide financial assistance to families of fallen firefighters for transportation and lodging at non-Federal and Federal facilities during the annual memorial service;

(3) to assist Federal, State, and local efforts to recognize firefighters who die in the line of duty;

(4) to provide scholarships and other financial assistance for educational purposes and job training for the spouses and children of fallen firefighters;

(5) to provide for a national program to assist families of fallen firefighters and fire departments in dealing with line-of-duty deaths of those firefighters; and

(6) to promote national, State, and local initiatives to increase public awareness of fire and life safety.

Since 2004, the NFFF has led a nationwide initiative to prevent firefighter fatalities. Part of this initiative focuses on fire prevention to protect communities and prevent fires, thus reducing firefighter fatalities. When a firefighter fatality does occur, the Foundation’s Local Assistance

State Team responds to the local community to help the department and the firefighter’s family mitigate the death.

The National Fallen Firefighters Memorial Weekend helps the family recover by offering support of professional grief counselors, giving the families an opportunity to network with other survivors who have “walked in their shoes,” and letting them know that a grateful nation recognizes their loved ones who made the ultimate sacrifice. In addition to financially helping the fallen fire heroes’ survivors attend the weekend, the NFFF has always helped plan and execute the activities leading up to and taking place during that weekend, to include: holding meetings to consider appeals by families or fire officials of fallen firefighters previously turned down or inadvertently omitted, consulting with fire service groups and families of the fallen firefighters to identify any needed changes to the Weekend, help plan and execute the Fire

Service that takes place and providing a plaque which identifies the names of the Fallen

Firefighters to be honored,.

Thus, the NFFF is the only vendor capable of fulfilling this requirement for a variety a reasons.

As stated, they were created by Congress to honor fallen fire heroes and provide support to the families dealing with the loss of the fire hero. The NFFF has been directed by Congress to, in coordination with the federal government, “plan, direct and manage the memorial service”.

Honoring fallen fire heroes and providing support to their families is the dual purpose of the

Memorial Weekend. Additionally, only the NFFF has the long standing relationship with the returning survivors of the fallen heroes necessary to ensure success of the Memorial Weekend, and therefore the requirement. Not only does the NFFF engage with the survivors during that weekend, the relationship continues with their “Fire Service Survivors Network”, their quarterly newsletter, their data-base which investigates and documents firefighter deaths, and potential scholarship assistance for education and job training costs, exclusively for spouses, children and stepchildren of the fallen. No other organizations or vendors can match these services or longstanding relationship with the fallen fire heroes or their families.

6. Description of Efforts to ensure that Offers are solicited from as Many Potential Sources as is Practicable.

Since this justification is based on FAR 6.302-1, notice to other potential vendors is required.

On April 28, 2016, an “Intent to Sole Source” was posted to FedBizOpps.Gov alerting potential vendors to this requirement. The posting requested that interested vendors to submit capabilities statements which would reflect their ability to provide the same services. The posting closed on

May 16, 2016, with no vendors responding to the synopsis.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. I have determined that the anticipated price will be fair and reasonable based on the following: (1) a cost analysis will be performed; and (2) comparison to the Independent Government Cost Estimate and (3) historical pricing for this requirement.

8. Description of Market Research

Significant Market Research has been conducted in anticipation of awarding this requirement. The market research revealed that the best acquisition strategy will be to issue a sole source award to

NFFF. The NFFF was created by Congress in 36 USC 5201. 36 USC 151302 detailed the purposes of the Foundation, which expressly states to plan, direct, and manage the memorial service, amongst other services. Market research has not revealed any other organizations whose purpose is to plan this memorial weekend, or provide ongoing support for the families of these fallen firefighters. No vendors have been located who provide these types of services. Additionally, no vendors replied to the FedBizOpps posting detailing the requirement.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition No other vendor can plan, prepare for and execute the activities required for the ceremony or conduct the other activities to honor fallen fire heroes and provide support to their survivors. Only the NFFF has the results of the research required with regard to families that have experienced a loss of a loved one that will be honored at the 2016 ceremony. Failure to contract with the NFFF would be a major embarrassment to the USFA, FEMA, and ultimately DHS.

Given that Congress created the NFFF to honor and remember America’s fallen fire heroes and to provide resources to assist their survivors in rebuilding their lives, their mission will always align with the purpose of the Memorial Weekend: pay official national tribute to all the fallen firefighters and provide comfort to their loved ones. Unless Congress dissolves the NFFF, or creates another entity for this mission, for the foreseeable future, the NFFF is the only entity that can provide support to FEMA in its requirement to honor the fallen firefighters annually at the Memorial.

Failure to contract with the NFFF, would result in a less than dignified Fallen Firefighter Memorial

Ceremony which would also be a very negative reflection on Congress in the end.

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

No other sources have expressed any interest in this requirement. .

11. Actions taken to removal of barriers to competition. On April 28, 2016 an Intent to Sole

Source was posted to FedBizOpps.Gov alerting potential vendors to this requirement. The posting requested that interested vendors to submit capabilities statements which would reflect their ability to provide the same services. The posting closed on May 16, 2016, with no vendors responding to the synopsis.

12. Technical Representative 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 Date

13. 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

14. Other Required Signatures

Office of Chief Counsel’s Signature Date klogue Typewritten Text 7-21-2016