HIS_JOFOC_Alltech_Bridge.docx

Justification for Other Than Full and Open Competition

Part I

1. Agency. Department of Homeland Security/Federal Emergency Management Agency, Recovery Directorate. COTR: Michael D. Hockman, 430 Market Street, Winchester, VA 22602, (540) 686-3802, Michael.Hockman@dhs.gov.

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

The purpose of this action is to request approval to issue a non-competitive contract to Alltech Inc., 465 Springpark Place, Herndon, VA 20170-5227.

In support of the Disaster Relief and Emergency Assistance Act (P.L. 93-288), as amended by the Robert T. Stafford Act (P.L. 100-707), FEMA awarded one of two Housing Inspection Services contracts to Alltech, April 1, 2007. The contract provides resources to inspect and verify damaged property for survivors of Presidential declared disasters. These contracts support the FEMA Individual Housing Program (IHP) by collecting and reporting information gathered by on-site inspections and verifications or by other means approved by FEMA (e.g. Inspector manned phone banks, aerial imagery, or tax data). Using this information, FEMA and the State representatives determine the type and amount of disaster assistance.

On April 4, 2012, a bridge contract, HSFE80-12-D-0214, was awarded. The performance period was a 3-month base period with 3 3-month options. The final option period is January 4 – April 3, 2013.

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

The Housing Inspection Services (HIS) Department is within the Recovery Directorate, the National Processing Service Centers Division. HIS supports the IHP program by executing housing contracts that provide housing inspectors that support disaster survivors. The inspections are the basis for financial grant assistance to disaster survivors for repair of their dwellings and personal property loss, rental assistance if the dwelling is uninhabitable, and direct housing assistance when rental resources are not available.

The contracts receive extensive visibility from the highest level of Federal, State, and local Governments, and are continually in the public media. Multiple award, Indefinite Delivery Indefinite Quantity (IDIQ), fixed price with cost plus other disaster Contract Line Item Number (CLIN) contracts will be awarded. The bridge contract will be issued for a base 3-month period with 3 3-month option periods.

4. Estimated value of the acquisition: $ 10,827,120.

4. Base Period (April 4, 2013 to July 3, 2013) - $ 2,706,780.

4. Three month option extension 1 (July 4, 2013 to October 3, 2013) - $ $ 2,706,780.

4. Three month option extension 2 (October 4, 2013 to January 3, 2014) - $ 2,706,780.

4. Three month option extension 3 (January 4, 2014 to April 3 2014) - $ 2,706,780.

5. Authority for acquiring the supplies or services on other than a full and open competitive basis: (Check applicable exception and provide justification below selection.)

[ X] Authority is FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

The acquisition for services on other than a full and open competitive basis is to satisfy a short-term requirement so that there will be no break in inspection services. Further, awarding this requirement to another vendor for a short-term will result in unacceptable delays because of the involved man-hours and contract-related activities. Additionally and because of badging requirements, “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” will delay the rapid deployment of skilled inspectors to emergency and disaster locations.

[ ] 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.

6. Additional supporting facts for the acquisition:

a. If only one source is the basis for the J&A, explain why technical data packages, statements of work or purchase descriptions suitable to maximize competition to the maximum extent practicable have not been developed or are not available.

The requirements package was developed between 2011 and 2012, and is available. Requirements documents were posted mid-July 2012 and due October 30, 2012. The award was planned for mid-December 2012. The Contracting Officer is resolving adjudication actions and then will proceed with pre-award activities. Considering the date of this document and the outstanding actions of awarding the long-term solution, the plan is to award the long-term requirement after the current contract expires, April 3, 2013.

The long-term acquisition strategy is for multiple award, IDIQ, fixed price with cost plus other disaster CLINs. The long-term award will be based on full and open competition. For the past 16 years the HIS contract approach included Readiness Cost to assist the contractor in preparation for an emergency or disaster. With the directional changes the Government has taken with drastic budget cuts, FEMA will implement a new business approach of incorporating all operational costs within the performance of each awarded Task Order. Travel and training costs will be implemented in the Offeror’s cost proposal as actual contract cost under two separate CLINs.

If this request is not approved, FEMA will have limited capability of achieving the mission. Since the HIS Program is the basis of financial grants and other Federal benefits, survivors will not have access to resources to help them rebuild, function on their own, and return to a normal life. Further, if this request is not approved, there will be an unacceptable break in providing inspection services. The break in service will be between the end of the current performance period, April 3, 2013, and the award of the long-term solution.

b. If the proposed acquisition is a follow on acquisition, an estimate of the cost to the government that would be duplicated by awarding to a different contractor and how that estimate was derived. This is not the primary reason for this requirement being a sole source. N/A

c. If the new work is a logical follow-on to an original Federal Supply Schedule order was the original order placed in accordance with the applicable Federal Supply Schedule ordering procedures? N/A

d. If the basis of a sole source is unusual and compelling urgency, furnish data, estimated cost or other rationale as to the extent of harm to the government if competition were obtained. N/A

7. Actions taken to removal of barriers to competition.

Barriers to competition have been removed with the mid-July 2012 Request for Proposal posting.

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.

Michael D. Hockman Date Contracting Officer’s Representative

Part II

1. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable and listing of the sources, if any, that expressed, in writing, an interest in the acquisition. A public notice of intent to award a sole source contract was published on www.FedBizOpps.gov for 15 days.

2. Market Research: No additional market research was conducted to determine potential sources because a full and open competition has been conducted.

3. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Based on the previous contract cost data and existing market research data, I have determined that the anticipated price(s) will be fair and reasonable.

Based on the estimated acquisition value identified above, I concur with and approve the above justification:

(Greater than $150,000.00)

Office of Chief Counsel (Greater than $150,000.00)

Competition Advocate’s Signature Date (Greater than $650,000.00)

Signature (Greater than $12,500,000.00)