J_ _A_Community_Resilience_Tech_Assistance.pdf

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

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION ONLY ONE

RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY

AGENCY REQUIREMENTS, 10 U.S.C. 2304(c)(1) OR 41 U.S.C. 3304(a)(1)

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 6.302-1, 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 6.302-1 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security Federal

Emergency Management Agency Office of Policy & Program Analysis (OPPA) and Office of the Chief Procurement Office, Acquisition Operations Division proposes to enter into a contract on a basis other than full and open competition.

2. Nature and/or description of the action being approved. Approval is being requested for supportive services to contribute to greater understanding of community resilience; the elements of successful resilience strategies; the identification of resilience measures; and the application of resilience strategies throughout the nation and across community networks.

Services will build from the deliverables called for in the current contract to include the following information:

3. Description of Supplies/Services.

The requirement is to assist FEMA’s

Office of Policy and Program Analysis (OPPA), Individual and Community Preparedness Division (ICPD), and the Federal Insurance and Mitigation Administration (FIMA) with professional supportive services in advancing the community resilience mission and promoting national disaster risk reduction. Through this contract, the NAS will continue to assist FEMA with the following:

Community Resilience Technical Assistance

a. Consulting Services- provide assistance in scoping emerging topics, including assembling experts through the Resilient America Roundtable (including FEMA representative) in collaboration for new workshops, studies, analysis, and development of resilience strategies or reports relating to emerging topics.

b. Technical Assistance- provide technical assistance to local jurisdictions to strengthen collaboration and enhance community capacity; support the integration of public, private and non-governmental resources through community and regional resilience plans and protocols; build social capital around preparedness and resilience; and identify mechanisms to increase youth and underrepresented community participation in resilience planning.

c. Technical Tools & Methods- provide tools and methods that will allow Government offices the capability to evaluate the effectiveness in support of community resilience efforts and programs. Services may include the direct exchange of information and best practices with national, state, local and international programs; recommendations for improvement; strategies to replicate services/assistance in other communities and regions; and documenting and reporting services.

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

Competition. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services will Satisfy AgencyRequirement.”

5. Demonstrate that the Nature of the Acquisition Require Use of the Authority Cited.

Background: Enhancing the nation’s resilience has been at the forefront of the Obama Administration’s Homeland Security policies. Resilience is a prominent element of the 2010 National Security Strategy; the DHS Quadrennial Homeland Security Review; Presidential Policy Directive 8: National Preparedness; and FEMA 2014-2018 Strategic Plan.

Events: In 2012, FEMA and seven other Federal Agencies provided technical and financial support to the development of the National Academies report entitled Disaster Resilience: A National Imperative. This comprehensive report highlighted six recommendations to help the nation achieve a future vision where everyone has access to information needed to make communities more resilient; individuals and communities invest in their own capacity for resilience; and all parts of society design strategies, make investments, and implement policies to enhance resilience and reduce vulnerability to future disasters. While other reports have been issued on this topic, Disaster Resilience: A National Imperative is viewed as the most comprehensive and in-depth review of resilience.

FEMA seeks a contractor with prior experience in the elements of resilience as detailed in the report entitled Disaster Resilience: A National Imperative. The National Academy report includes six recommendations:

a) A national resource of disaster-related data should be established that documents injuries, loss of life, property loss, and impacts on economic activity;

b) The public and private sectors in a community should work cooperatively to encourage commitment to and investment in a risk management strategy that includes complementary structural and nonstructural risk-reduction and risk-spreading measures or tools;

c) Federal, state, and local governments should support the creation and maintenance of broad-based community resilience coalitions at local and regional levels;

d) Federal government agencies should incorporate national resilience as an organizing principle to inform and guide the mission and actions of the federal government and the programs it supports at all levels;

e) All federal agencies should ensure they are promoting and coordinating national resilience in their programs and policies. A resilience policy review and self-assessment within agencies and strong communication among agencies are keys to achieving this kind of coordination; and

f) The Department of Homeland Security—in conjunction with other federal agencies, state and local partners, and professional groups—should develop a National Resilience Scorecard.

In comparison to other sources, and under FAR Subpart 6.302-1, only the NAS has unique access to non-federal subject matter experts and proven analytical capabilities to efficiently synthesize resultant data and meeting proceedings that are unique to the elements of the Disaster Resilience report. Only the NAS can provide the already established body of work that has been built through prior FEMA contract efforts. The NAS has the unique insight into the topics and efforts to better understand the individual elements of the report. The NAS has over 400 active study groups on a wide array of national and international topics.

The NAS has been at the forefront of expert level study groups since its inception by President Lincoln in 1863. The NAS has unrivaled access to expertise and analysis rigor on national and international issues.

While other sources may provide aspects of FEMA’s requirement, only the NAS has the capability to support all elements of FEMA’s requirement and all elements of the Disaster Resilience: A National Imperative report. Use of any other source would have an insurmountable effect on FEMA’s community resilience mission and efforts for promoting national disaster risk reduction. Any other source would jeopardize work accomplished under the aforementioned FEMA contract; resulting in unnecessary start-up costs and an unpredictable path forward.

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

Sources as is Practicable: On 6 August 2014, a Sources Sought notice was posted to the Federal Business Opportunities (FBO) website, and on 18 August 2014, a Notice of Intent to Award a Sole Source contract was posted on the FBO website in accordance with FAR

5.102. Based on prior requirement, the Contracting Officer canceled and converted the Sources Sought to a Notice of Intent to Award a Sole Source contract due to time constraints and historical data.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be FAIR AND REASONABLE. The Contracting Officer will determine the anticipated price(s) will be fair and reasonable based on the following: historical pricing, and in accordance with proposal analysis techniques FAR15.404-1.

8. Description of Market Research. Notices were posted to FBO from 6 Aug 14 to 22 Aug 14 utilizing NAICS code 541690 Other Scientific and Technical Consultant Services. Results based on the posting were a total of five responses; three (3) resulted from the sources sought and two (2) resulted from the intent to award a sole source contract. Of the five responses, none of the sources were capable of fulfilling the Government’s requirement. Respondents were not able to demonstrate the ability to provide professional services with the prior experience with all elements of the Disaster Resilience: A National Imperative report.

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

NAS is the single organization with the necessary knowledge, experience and convening power to complete this contract. The NAS is an honorific society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. The expertise, impartiality and credibility as a congressionally chartered organization cannot be obtained elsewhere in the private market. The NAS is recognized as a premier establishment whose advice is widely looked upon as validation to the integrity of the studies it conducts. This contract builds from the Disaster Resilience report issued in 2012 and FEMA’s contract with the NAS in 2013 (HSHQDC-11-D-00009). FEMA previously contracted with the NAS using a Department of Homeland Security’s Indefinite Delivery Indefinite Quantity (IDIQ) with the

NAS.

The proposed acquisition builds upon the Disaster Resilience report issued in 2012 and FEMA’s contract with the NAS in 2013 (HSHQDC-11-D-00009). Awarding this acquisition to another contractor would have severe and lasting impacts to FEMA. FEMA has invested significant time, resources and technical expertise to support the Resilient America Roundtable. The work of the Resilient America Roundtable is helping FEMA and the government better understand what it means to be resilient; how to measure and track indicators of resilience; and the landscape of programs across government designed to enhance community and national resilience.

Given their prior work and the stature of their organization, no other organization will be able to convene the experts already assembled to support the Resilient America Roundtable.

Attempting to recreate the expertise and the existing forum provided by the NAS would require a significant duplication of effort and would appear to waste the government’s prior investments in this area. The organization’s expertise, impartiality and credibility as a congressionally chartered organization cannot be obtained elsewhere in the private market.

The Disaster Resilience report provides the NAS with a deeper knowledge of resilience than any other organization. The NAS has unmatched knowledge of community and national resilience programs, measurement tools, and historical lessons learned.

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

FBO Posting Results:

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 are Required. N/A

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/Requirement 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 Date

APPROVAL

Contracting Officer Date

Community Resilience Technical Assistance

//signed//

//signed//

//signed