PA TAC II B JA 10 28 11.pdf

JUSTIFICATION FOR OTHER THAN FULL ANTI OPEN COMPETITION

(10 LSC. 2304(c) (2) or 41 U.S.C. 253(c) (2))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by

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:

OH S/FEM A

Oflice uf the Chief Procurement Officer

Recovery Support Section

500 C Street. S. W., PP 5m Floor

Washington. DC 0472

2. Nature and/or Description of the Action Being Approved: The Recovery

Directorate Public Assistance (PA) Division requests a three (3) month base and three, three (3) month options contract bridge (TAC Bridge I) be awarded to the incumbent contractors currently performing under TAC 11. The incumbent contactors proposed for

TAC Bridge are: 1) Emergency Response Program Management Consultants (ERPMC),

2) Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC), and

3) FLUOR. This request is based on unusual and compelling urgency to limit competition and award a bridge by December 01, 2011. A six (6) month extension of

TAC II was executed beginning on June 01, 2011 and will end on November 30, 2011.

The bridge will be for a 3 month base contract with three (3) three-month option periods for a twelve (12) month period of performance beginning December 01. 2011 through

November 30, 2012. The Government has also incorporated Clause 52-217-8 (Option to

Extend Services) into this contract. The bridge for A&E services type contracts will have a maximum established ceiling of S 133,333,333 each with a total ceiling value of

5400,000.000.

3. Description of Supplies/Services: Three (3) new Architect and Engineer (A&E).

Indefinite-Delivery Indefinite-Quantity (ID1Q) contracts are needed to provide PA disaster operations support services beginning December 01, 2011. The PA/TAC’ II contracts were competitively awarded on June 01. 2006 as follows:

> HSFEHQM6-D-0457 awarded to Fluor Enterprises, Inc. (FLUORt:

USE EHQ-U6-D-(t3S8 av ard& to Emcrgency Response Piograrn M tnLglmvnL

C nu i it (FRPM( q.

> F1SFF.11Q•-06-.D-0489 awarded to Nationwide Infras.tructure Support Te.chnicai

Assistance Consultants (NISTAC).

The PA/TAC contracts are required to provide technical assistance and project management in support of PA’s on-going and future disaster operations under the Robert

T. St.afford Disaster Relief and E.mergency Assistanc.e Act, 42 US,C. 5121 5206, The technical support covers a wide geographic area and provides capability br all types of disasters with e.mpi rs i..s on rive•rine a.nd coas.tr.i fioc.th.ng, rorn.adoes, hurricanes,. typh..oons, La”Lqu des t 1CflI nit other I h \ l( S Lode ‘ 4 I 11 EulrLeI 1fl Lr\ wc

The majority of task orders issued under the PA/TAC contracts provide technical assistance in support of PA disaster operations. These task orders are funded through

FEMA’s Disaster Relief Fund (DRF). All other PAJTAC task orders are funded with annually appropriated non-disaster specific funds.

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

Competition: 41 U.S.C. 253(c) (2 } states that when the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. full and open competition need not be provided for.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority

Cited. As of the week ending October 08, 2011, there are less than two (2) months remaining on the period of performance of PA/TAC II. The following justifies the use of unusual and compelling urgency to satisfy the requirement:

- The non-competitive award of a TAC Bridge I has become a necessity due to the continued protests of the TAC 111 contract awards. The original targeted timeline for award of TAC III was mid-year 2009. Currently the 3 iteration of protests of the

TAC III awards is under consideration by the U.S. Court of Federal Claims (COFC).

A final decision by this court has not yet been rendered and there has been no indication when a decision or recommendation regarding the protests will be forthcoming. The judge did recommend, however, at the September 13, 2011, hearing that awarding a bridge contract would be advisable because he could not promise a decision prior to November 30, 2011, when the current extension terminates, Even if the judge could issue a decision by this date, a bridge would still be necessary to allow FEMA to take the steps necessary to award the contracts or take any other action(s) that may he recommended in the COFC’s upcoming decision.

- In order to maintain support of on-going public assistance disaster operations and retain operational capacity to support future Presidential major disaster and emergency declarations, it is imperative that the A&E support services which will he provided under this bridge contract continue uninterrupted. Based upon this unusual and compelling urgency, it is in the best interest of the Government to non-competitively award new bridge contracts to the three TAC II incumbent contractors.

(FLUOR, ERPMC & NISTAC),

6. Description of efforts made to ensure that oilers are solicited from as many potential sources as is practicable.

The original TAC H solicitation was advertised July 29, 2005 on Federal Business

Opportunities (FBO) to reach as many potential offerors as possible. The TAC 11 requirement was properly solicited, evaluated, and awarded allowing for all qualified sources to he considered. The follow-on requirement. TAC III, was also posted as a Full and Open competitive procurement and posted to FBO ensuring offers were solicited from as many potentiai offerors as. practic.ahle. A tota.i of 9 offers were received and evaluated under the Sources Sou ht Notice.

7. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable. The Contracting Office (CO) has determined thit the current costs associated ith the TAC 11 tie fair and icasonable This was done as part of the original award process for TAC II. At the time of award the Government negotiated hourly rate schedules for a full five (5) year period of performance. The bridge contract will be awarded using the year five (5) labor rates from TAC II. In consideration of rate escalation the continued use of TAC 11 labor rates effective in 2009 represents a significant cost savings for the Government.

The requested three (3) month period of performance with (3) three month option periods, for a total contract extension of 12 months. the ceiling amount is based on culTent burn rates, the review of historical data. and analysis of the costs of potential new requirements through November 30. 2012. (See formula below) The bridge A&E services type contracts will have a maximum established ceiling of S400.000.00 each with a total ceiling value of 133,333,333.

Formula: Current monthly burn-rate: 0487 = $7.6M (FLUOR)

0489 = S8.5M (NISTAC)

0488 = S$.OM (ERPMC)

Total: = $24.IM monthly

Sustainment of current burn-rate: S24.1M per month * 12 months = $2 89.200,000.00

Potential value of new task orders for each TAC per month:

$12,311,111.00 per month * 12 months = $36,933,333.00 *This amount is required to cover 2012 Hurricane Season

Potential overall value of new task orders all TAC over 12 months:

$36,933,333.00 * 3 ThCs = $110,800,000.00

Overall ceiling increase:

Sustainment of current work $289.200,000.00 + Potential new work: $110,800,000.00 =

S400.000.000.00.

8 Description of Market Research. Market Research is required by FAR Part 10.

Further Market Research is trot practical for award of bridge contract due to the fact the

‘e f \C\ b nra ‘n letrm e Ic oa H iR TeL’ hiL

Qualified” contractors available as required under the Brooks Act, Furthermore, extensive Market Research as conducted as part (it the oruzlnai TAC II acquisition.

Subsequently, the three incumbent contractors have met the requirement lAW with FAR PART I0001 (Policy).

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

?siot 1—iighlv Technically Qualified” comractors will be utilized on this bridge contract:

in accord.anc.e with the Brooks Act the. TAC 11. incumbent crtntractors represent the most “Highly Tech.n cal[y Qualitied’ contractors available..

- Significant Cost Savings for the Government:

The Government by non-competitively awarding bridge contract to the three TAC II incumbent contractors is positioned to realize significant cost savings by utilizing the year five (5) labor rates of TAC II. The continued utilization of the incumbent contractors represents the most cost effective option and is in the best interest of the Government.

- Efficient Acquisition of Contractor Support Services:

The award of bridge contract to the three TAC II incumbent contractors represents the most efficient acquisition method to procure PA disaster operations support services.

- Significant Cost Savings by Not Transitioning TAC II Work to New Contractors:

Budget estimates calculating the transition of one (1) new contractor under TAC Ill would cost the Government approximately $500,000.00 - $750000.00. Transition costs in addition to costs resultant of lost efficiencies due to a new contractor being unfamiliar with PA disaster support operations are unavoidable. The award of bridge contract to the three TAC II incumbent contractors delays these costs for the duration of the bridge contract and is in the best interest of the Government.

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

Acquisition. Since the award of TAC II there has been a procurement processed for a follow-on contract, TAC Ill. The award of TAC III is currently under its 31 iteration of protests. The following contractors expressed interest in the TAC Ill requirement:

1) Vanguard

2) CHM2 Hill

3) NISTAC

4) Parson Brinckerhoff

5) FLUOR

6) AE Corn

7) Aljecar

8) IRC/Shaw-Parson

9) Hazen & Sawyers. P.C.

ii. 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 began planning activities for a full and open competition of the folIowon contract to TAC II in September of 2008. There were severn industry and Market Research days held shortly thereafter familiarizing the requ ireme•nt with numerous contrnctors and hopefully increasing the number of contractors responding to t.he solicitation. The TAC .111 awards represent a long, term solution to sanfv the need for continued A&E technical assistance support of PA disaster operations. At this time due to protest the award date of the fol 1owon TAC Ill contracts is unknown. Consequently, the Government is forced to issue a bridge contract to prevent the lost of a critical support services type contract to victims of disasters. This A & E type contract is the unix contract at FEMA which has the ability and capability to perform the. type of services necessary to assist our citizens to response to recover from and mitigate all hazards, as FEMA’s Mission states.

12 ( ontracting Otficer’c Certification I cetit th u the data %uppnrtlne the recommended uc of Other Than Full and Open Competition is accurate and ompleic to the best of my knowledge and belief.

ontrting icer Date I()/i I H

Contra ting(Officer:

Not exceediItr$550K

Ci- t”1-ROffi of the C ef Counsel.

Exc eding $500K zTh /1

Competition Advocà4 $550K to not exceed $1 1.5 uiit

HCA: $1L5 mil to i.0t exceed $57 nii RCA USCG: Si L5 mu to not exceed $78.5 mu

CPO: Non-USCG actions): over $57 mu CPO: (USCG action): over $78i mu

Date

13. TecbnicalfRequirements 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.

10/2))) 1 _—Tei1resenta 1 Date

APPROVAL:

i/21/ii Date

&c/20,20// Date

6-’2 Zy7 Date