Air_Evacuation_Aviation_Ground_Support_-_JA_-_FINAL_-__11-26_mm_.pdf

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

November 26, 2014

Justification for Other Than Full and Open Competition

(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

The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Response Directorate, Field Operations Branch, located at 500 C Street SW Washington, DC 20472, proposes a six month extension of the existing contract HSFEHQ-09-D- 0866, with options, on the basis of other than full and open competition. The Contracting Officer’s Representative is Alvin Boardley, 202-646-1355.

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

The contract is IDIQ, with Firm-Fixed Price (FFP), Time and Material (T&M), and Cost Reimbursable (CR) task orders. The contract vehicle was awarded on June 12, 2009. The original period of performance (POP) of this IDIQ, with options, ran from June 12, 2009 to June 11, 2014. On June 9, 2009, a six month extension of the POP was awarded to run through December 10, 2014. Prior to expiration of this recent POP, the contract will be extended from December 10, 2014 for six months to June 10, 2015, at no additional cost to the government.

The contract will contain one six month option period for a total not to exceed 12 months. The original ceiling of this IDIQ of $49,900,000 and remains unchanged. This contract action is designed to provide the least amount of relief necessary to continue the contract without a lapse in critical functions. Award will be made to the incumbent contractor, Innovative Emergency Management (IEM).

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

The Federal Emergency Management Agency’s (FEMA) extensive planning of evacuation procedures has the potential to prevent the unnecessary loss of life in the days prior to landfall of a hurricane or other major disaster. The planning and execution of an evacuation relies on many modes of transportation including ground, air, watercraft, and rail methods. The purpose of this contract to obtain aviation ground support services at designated airports to assist in safe and timely precautionary mass evacuation. In the event of a declared emergency or major disaster, air evacuation operations will be conducted at designated airports. FEMA, along with state and local authorities, will be responsible for transporting Critical Transportation Needs (CTN) residents to safe locations outside of the affected area. CTNs are residents that do not have the means to self-evacuate. The capabilities of this contract must be maintained.

Therefore the Response Directorate has a requirement to continue the existing contract for a period of six months, with one (1) six month option, to insure continuous coverage for this critical transportation need.

The POP is summarized as follows:

• Base: December 10, 2014 – June 10, 2015

• Option: June 10, 2015 – December 9, 2015

During the Period of Performance, the support services are limited to the following task groups and deliverables, as described in the original Statement of Work:

TASK 0003 Pre-Event Operations Task Description 0003 Pre-Event Operations 0003A Notification 0003B Alert (Prepare to Deploy) 0003C Activate (Deploy & Stage) C1 Mobilize, Deploy, & Stage Field Management Team C2 Mobilize, Deploy & Stage Personnel C3 Mobilize, Deploy, & Stage Equipment

TASK 0004 Operations – Airport Ground Support Services Task Description 0004 Operations – Aircraft Ground Support Services A Ramp Services A1 Aircraft Marshalling A2 Baggage Transport A3 Baggage Loading A4 Aircraft Servicing B Equipment C Aircraft Ground Support Management D Event Demobilization

TASK 0005 – Operations - Passenger Service Support

0005 Operations – Passenger Service Support 5A Passenger Reception & Escort 5B Passenger Service Support Management 5C Evacuation Demobilization

TASK 0006 Other

0006 Other 0006E Travel Support 0006F Worker Temporary Shelter

TASK 0007 Post-Event Operations

0007 Post Event Operations A Notification B Alert (Prepare to Deploy) C Activate (Deploy & Stage) C1 Mobilize, Deploy, & Stage Field Management Team C2 Mobilize, Deploy & Stage Personnel C3 Mobilize, Deploy, & Stage Equipment

Task 0008 Operations – Airport Ground Support Services

0008 Evacuee Return Operations – Aircraft Ground

Support Services 8A Ramp Services A1 Aircraft Marshalling A2 Baggage Transport A3 Baggage Loading A4 Aircraft Servicing 8B Evacuee Return Equipment 8C Aircraft Ground Support Management 8D Event Demobilization

TASK 0009 – Operations - Passenger Service Support

0009 Operations – Passenger Service Support 9A Passenger Reception & Escort 9B Passenger Service Support Management 9C Evacuation Demobilization

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.3304(a)(1) (for other Components) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Justification:

Background Info: The Post-Katrina Emergency Management Reform Act of 2006 authorizes the use of Urban Area Security Initiative (UASI) or Homeland Security Grant Program funds for States to develop catastrophic mass evacuation plans. The Department of Homeland Security/Federal Emergency Management Agency (DHS/FEMA) will primarily augment State, tribal, and local government plans and operations and secondarily be capable of implementing a federally supported evacuation and/or a federalized evacuation when requested or required.

The contract’s genesis is based on the lessons learned from Hurricane Katrina and the subsequent evacuation inefficiencies resulting from that disaster. One of the most significant immediate limitations was the notable poor evacuation planning made available to and for the most vulnerable population, those who did not have available a transportation means to evacuate.

Requirement/Contract Details: The purpose of this contract is to obtain aviation ground support services at designated airports to assist in the safe and timely precautionary mass evacuation of the critical transportation needs, general (ambulatory) population to pre-designated Host States in the event of a major disaster. In the event of a declared emergency or major disaster such as a Category 3 or higher hurricane, air evacuation operations will be conducted at designated airports. FEMA, along with state and local authorities, will be responsible for transporting Critical Transportation Needs (CTN) residents to safe locations outside of the affected area.

CTNs are residents that do not have the means to self-evacuate.

Considered Alternatives: All current FEMA and DHS contract vehicles were reviewed to determine if any had the scope necessary to support this requirement. None were discovered.

The current contract is the only vehicle available until the re-compete is awarded.

Conclusion of Source: The incumbent, IEM, has completed several State Operating Plans and Airfield Assessments (32 total) for the States through procurement by the FEMA Regions, and this gives IEM the sole perspective and ability to accomplish a seamless ground evacuation. Any new contractor brought on during this phase would not have time to familiarize themselves with the OPLANS and Assessments currently in place, and thus would not have the expertise to execute a successful ground evacuation of the CTN evacuees. Thus, IEM is the only responsible source to award this contract to.

Impact to the FEMA Mission if J&A is not Approved: To not maintain a continuous means of evacuating CTN’s would create a critical limiting factor if there was an approved requirement for a robust aviation ground support evacuation of CTN evacuees, who do not have means to self-evacuate. Therefore to not extend this POP at this time will impose severe limitations on FEMA’s capability to evacuate survivors, and therefore not allow FEMA to complete its mission.

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

This requirement is currently being re-competed, with the expectation that another IDIQ contract vehicle, with anticipated period of performance to span several years, with options, will be awarded in FY15. At this time an RFI is posted on FedBizOpps (#HSFE90-15-I-0001), with a closing date of November 25, 2014. To date, limited interest has been noted (5 companies, including the incumbent, provided capabilities statements). Regardless, a full and open competition for the continuation of these services past June 10, 2015 is underway. Even if multiple qualified offerors were identified, as stated, they would not have the time to familiarize themselves with the current OPLANS and Airfield Assessments in place to execute a successful ground operation during an emergency.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The additional six month Period of Performance and options to the existing contract will be a no-cost extension, as the ceiling of $49.9M has not been reached. The labor rates of the current contractor are deemed to be fair and reasonable.

8. Description of Market Research.

As discussed above, market research is currently being conducted for the re-compete by way of an RFI. Further market research will be accomplished prior to award of that re-compete.

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

Events during the summer such as the Unaccompanied Children influx, included the use of our evacuation program contracts through an interagency agreement. This in addition to FEMA’s Ebola planning initiatives, delayed work on the solicitation package. As several of FEMA’s contract vehicles were utilized to respond to these crises on behalf of the entire government, it became apparent that no other agency had contracts in place to provide the support necessary to respond. These events caused FEMA to re-evaluate its need to retain these service contracts going forward. FEMA has come to the conclusion that it is imperative to keep this unique contract vehicle active during the re-compete, to insure continuity of this critical transportation need.

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

Chloeta Aviation, Midwest ATC Service, IEM, SRA International and Michael Baker International are the five companies to provide a capabilities statement in response to the RFI posted on FBO.gov for the re-compete of this requirement (HSFE90-15-I-0001). Those companies’ capabilities will be evaluated in preparation of soliciting the re-compete in the most appropriate manner.

11. Actions taken to removal of barriers to competition.

Going forward, a new multi-year IDIQ contract vehicle is anticipated to be awarded through full and open competition during FY15.