Signed_JA.pdf

U.S. Department of Homeland Security

Federal Emergency Management Agency

Acquisition Operations Division

June 21, 2016

Justification for

Other Than Full and Open Competition

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

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.

Department of Homeland Security

Federal Emergency Management Agency

Office of the Chief Information Officer

CORS: Margaret VanDerveer and James Greg Millett

188 Brooke Road

Winchester, VA 22603

(540) 678-2143

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

This is an action to award a sole source follow on bridge contract to Sprint Spectrum for wireless supplies and services. Due to Sprint’s exit from the GSA schedule program, this bridge contract is award by way of utilizing FAR Part 13.

The period of performance shall consist of one (1) three (3) month base period with one (1) three (3) month optional period of performance to be exercised at the Governments sole discretion, using Fiscal Year 2016 funding, in the amount not to exceed $154,000. The incumbent contractor is Sprint Spectrum. The current contract number is HSFEHQ-10-A-

0850.

The bridge contract will ensure continued support during the competition and transition of a follow on contract. The follow on contract shall be competed using FAR Part 8 procedures.

The services provided are critical to FEMA communications and cannot be allowed to lapse due to insufficient time to compete and transition services.

3. Description of Supplies/Services.

The purpose of this contract is to provide supplies and support services for the FEMA directed Motor Coach and Emergency Medical Services (EMS) Evacuation, Tracking, Communication, and Logistical Support Services, (herein referred to as ETRAC).

This contract is intended to achieve these additional objectives:

Deployment of mobile cellular service, within 24 hours of activation of the FEMA order to deploy, in areas without coverage or in areas that require capacity augmentation to provide exclusive service for a minimum of 1,000 FEMA designated phones

Private Communication Radio Network “push-to-talk” capability that provides one-to-one and one-to-many talk group capability

Web-based technology Global Positioning Service compatible with Telenav tracking software

Maintain wireless connectivity anywhere in the continental United States (CONUS) under all FEMA mission conditions.

Promptly resolve and manage troubleshooting issues related to wireless telecommunications services with minimal impact on customers.

4. Identification of Statutory of Authority Permitting Other Than Full and Open

Competition.

[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.

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

a. Background information about the requirement;

ETRAC utilizes cellular and satellite communications and tracking of Global Positioning

System (GPS) enabled phones assigned to motor coaches, ambulances, and any other vehicle needed to support the tracking of both emergency and non-emergency evaluation assets. At present, ETRAC maintains over 2,000 tracking/communication devices with 1,120 staged in

Frederick Maryland and 880 assigned to a ready-state pre-staged location in Baton Rouge, Louisiana.

b. Details covering what events led to the situation requiring use of other than full and open competition procedures;

Timelines needed for competition would not allow for award, transition and testing of new products and processes during hurricane season, when most deployments of the Program are likely to occur. The transition period for any new carrier must allow for a seamless continuation of the Program.

Awarding a bridge contract will ensure we can maintain a state of readiness, as we transition to new services and supplies with award of a new contract before the peak of hurricane season.

c. Why considered alternatives will not work;

At this juncture in the contract re-compete process, no valid alternative exists that would fully ensure the continuation of the critical ETRAC’s services beyond the current contracts period of performance. A transition period of up to three (3) months is the only viable alternative that ensures interrupted service that meets FEMA’s requirements.

d. Which authority applies and why;

Authority for the proposed action is FAR 6.302-1 only one responsible source and no other supplies or services will satisfy agency requirements.

Sprint is currently providing the services to the existing FEMA equipment. This vendor is the only vendor that can provide these services because each wireless vendor has their own equipment and associated services. By awarding to another vendor, at this time, all new equipment would require testing, shipment, and configuration. Due to time constraints, the option to award to another vendor is unrealistic and would cause a lapse in contract performance.

e. Explain the impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided;

The ETRAC Program is an integral part of the deployment of the National EMS and Motor

Coach evacuation contracts, administered by FEMA Response. The Program supplies critical tracking and communication services to deployed ambulances and paratransit vehicles, as well as motor coach’s during general population evacuations. The ETRAC program provides the means to stay in unified communication and provide tracking of vehicles to operations bases and national communication centers at State, FEMA HQ, and

FEMA Regions. If a lapse of contract occurs, these wireless communication resources, will not have service.

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

Sources as is Practicable.

Award of a bridge contract will allow sufficient time to compete and transition services.

FEMA anticipates an extensive transition period which will include identification of inventory locations, shipping to FEMA sites, configuration of possible new equipment, testing of possible new equipment. This bridge contract will ensure continuation of services during competition and transitioning of services.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on Market Research and prior acquisition history of the incumbent contractor.

8. Description of Market Research.

FEMA intends to compete the follow on contract utilizing FAR 8, Required Sources of

Supplies and Services. Market Research has indicated several competitive vendors that can fulfill FEMA’s requirement.

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

The ETRAC program support have provisioning and processes in place for deployment and maintenance of over 2000 phones with the FEMA Mobility Service Center’s (MSC) internal management. It would not be possible to modify those internal MSC processes prior to the expiration of the current contract.

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

Acquisition.

None

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.

FEMA intends to compete this requirement. Part of the competition will allow for vendors to propose on brand name of equal equipment. Eliminating the need to sole source to one applicable vendor.

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 that this requirements 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

APPROVAL:

Legal Concurrence Date

Contracting Officer Date

*NOTE: The Contracting Officer approves:

(1) when the action does not exceed $650K; and

(2) when regardless of dollar amount, the contract is awarded under FAR 6.302-7, Public

Interest.

Competition Advocate’s Signature Date

**NOTE: Competition Advocate approval:

(1) is required when the action exceeds $650K but is less than or equal to $12.5M; and when, regardless of dollar amount, the contract is awarded under FAR 6.302-7, Public Interest.

(2) is not required if the Component Competition Advocate meets either of the criteria at FAR

6.304(a)(3)(i) or (ii), except for any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount, and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR

6.302-2 as the authority.

Head of Contracting Activity*** Date

***NOTE: HCA approval:

(1) is required when the action exceeds $12.5M, but is less than or equal to $62.5M (less than or equal to $85.5M for USCG); and when, regardless of dollar amount, the contract is awarded under FAR 6.302-7, Public Interest.

(2) is not required if the Component Competition Advocate meets either of the criteria at FAR

6.304(a)(3)(i) or (ii), except for any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount, and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR

6.302-2 as the authority.

Chief Procurement Officer**** Date

****NOTE: The CPO approves:

(1) when the action exceeds $62.5M (greater than $85M for USCG); and

(2) when regardless of dollar amount, the contract is awarded under

FAR 6.302-7, Public Interest.