HSFEHQ09-D-1283_J A_POP_extension_2_17_2015.pdf

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

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), Office of Chief Procurement Officer (OCPO) and Recovery Directorate, National Disaster Recovery Planning Division, located at 500 C Street SW Washington, DC 20472. The Contracting Officer is Sam Ansani, 202-646-3578, and the Contracting Officer’s Representative is Anna Necheles, 202-646-2946.

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

The purpose of this Justification and Approval (J&A) is to execute a modification of six month extension with options on the existing contract, HSFEHQ-09-D-1283, on the basis of other than full and open competition. The contract will be extended for six months from March 1, 2015 to August 31, 2015, at no additional cost to the government. The contract will contain two three-month option periods for a total Not-To-Exceed 12 months. The original ceiling of this contract is $45,000,000 and remains unchanged.

The extended POP is summarized as follows:

• Base: March 1, 2015 – August 31, 2015

• Option 1: September 1, 2015 – November 31, 2015

• Option 2: December 1, 2015 – February 28, 2016

This Indefinite Delivery Indefinite Quantity (IDIQ) contract with Time and Material (T&M) contract type was awarded to Coordination and Planning Partners (CaPP), a Joint Venture between ATCS Services, LLC and EDAW, Inc, an AECOM Company (EDAW), located at 2553 Dulles View Drive, Herndon, VA 20171. The original period of performance (POP) of this IDIQ, with options, ran from September 1, 2009 to August 30, 2014. On August 7 2014, the FAR Clause 52.217-8 Option to Extend Services was exercised for a six month extension of the POP with a contract end date of February 28, 2015. During the life of the IDIQ, a total of 42 task orders were awarded of which 5 task orders are currently on-going.

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

The intent of the National Disaster Recovery Planning Division (NDRPD) program is to support local, state, tribal, territorial, and insular area governments in their pursuit of successful recoveries in accordance with the general mission objective of the National Disaster Recovery

Framework (NDRF), with the understanding that each community defines successful recovery outcomes differently based on its circumstances, challenges, recovery vision, and priorities.

In support of the Office of Federal Disaster Coordination’s (OFDC) mission, the Federal Disaster Recovery Coordinators (FDRCs) and Recovery Support Function (RSF) agencies assist states and communities with disaster recovery coordination and planning as outlined in the NDRF.

This mission is accomplished by providing technical support for statewide and community recovery planning and by organizing, managing, and facilitating high-level interagency coordination groups for recovery.

The current contract provides management support services which provide catastrophic disaster recovery, planning activities, guides and coordinates community planning and capacity building activities, develops, manages and tracks post disaster reviews; and coordinates other activities in support of the FEMA Recovery Directorate’s mission as authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 U.S.C. §5121-5206 (hereinafter referred to as the Stafford Act).

The contractor support operate in HQ, Regional and Field Office venues providing support at various locations, and perform the following types of professional services:

• Policy and doctrine development

• Researching

• Providing technical support

• planning for recovery operations

• Developing and conducting program evaluations

• Assisting in the development of Standard Operating Procedures

• Providing statistical analysis

• Facilitation for community meetings

• Community Planning

• Emergency management planning

• Instructor/training course development

• Land use planning and Urban planning

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: CaPP has been supporting the National Disaster Recovery Planning Division (NDRPD) through an IDIQ for the past 5 years. Within this time, CaPP has provided contract support in a diverse set of Task Orders that support HQ, the Regions and field work following disasters.

Currently there are five open task orders that CaPP is providing support for:

• HSFE80-13-J-0078: Office of Response and Recovery (ORR) Doctrine and Policy support

• HSFE80-14-J-0010: All Hazards Planning support for Region III and Region VII

• HSFE80-14-J-0012: Continued All Hazard Planning Support for Region IV, VI & IX

• HSFE80-14-J-0009: NDRP Division Support

• HSFE80-14-J-0011: Performance Measurement for Office of Federal Disaster

Coordination (OFDC)

Over the past five years, there have been seven deployments, most recently for Super Storm Sandy providing support to CT, NJ and NY. There are no current deployments.

Over the life of this IDIQ, 42 Task orders have been awarded with accumulated total obligation of$22,520,215.

Requirement/Contract Details: The purpose of the contract extension is to continue to support the work of FEMA with a focus on the NDRPD and the OFDC.

The CaPP contract provides Federal Coordinating Officers (FCOs) and Federal Disaster Recovery Coordinators (FDRCs) vital analytical support in the field within the Joint Field Office (JFO) as well as with working with the state and local offices.

Examples of services include:

• Policy and doctrine development: research and review current policies for conflicts with other FEMA policies and gap analysis. Assist in the development of revised or new policies to fill the gaps.

• Develop Regional All Hazards Plans based on situational assessments, mission, goals, objectives and courses of action to apply guiding principles of the Federal Interagency Operational Plan (FIOP) and NDRF on a Regional level.

• Assist FEMA and Recovery Support Function (RSF) Agencies to support the recovery efforts of the states and local communities impacted by disasters by determining the scope of damages, analyzing recovery resource capacities and gaps and formulating recovery strategies.

• Develop community specific Recovery Plans (i.e. housing recovery plan, economic redevelopment plan, etc).

• Develop, facilitate and re-write courses which include scenarios addressing both Response and Recovery activities; a plan of instruction, instructors’ guide, student manuals and pre- and post- test to establish knowledge baselines and effectiveness of instruction.

Considered Alternatives: Current FEMA contract vehicles under Response and Recovery branches were reviewed to determine if any had the scope necessary to support this requirement.

Due to the specific scope of work completed under this contract, it was determined none of the existing contracts could provide the support needed. The current contract is the only vehicle available until the re-compete is awarded.

Conclusion of Source: The lack of contract support to the NDRPD will limit the division’s ability to provide timely support to HQ, Regions and the field following disasters. The work that

CaPP has been involved with (such as the All Hazard Plans for additional Regions) would be delayed without contract support.

Impact to the FEMA Mission if J&A is not Approved: To not maintain a continuous means of supporting the Regions in the development of their All Hazard Plans as well as in the event of a disaster that requests CPCB support, would create a shortfall of services in the event of a disaster at the JFO and for effected Communities. Examples of potential shortfalls are:

• FCO’s and FDRC’s would not receive necessary analytical support which ranges from staffing of the JFO to community prioritizing.

• The absence of contractors following a disaster to provide facilitation at community meetings and supporting the development of community plans for recovery.

• Lack of contract support for new initiatives such as performance measures alignment for the Office of Federal Disaster Coordination (OFDC).

• Support for the Recovery Support Flag Leadership Group (RSFLG)

• Continued Regional support of the development of Recovery Regional All Hazards

Plans.

CaPP has mission-ready trained and qualified personnel to support a large field deployment and provide support to FCO’s and FDRC’s.

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 the new contract vehicle, will be awarded in FY15. Competition amongst small business set-aside for the continuation of these services is expected. Even if multiple qualified offerors were identified, the contract would not be in place to execute a successful ground operation following a disaster in early CY 2015.

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 $45M has not been reached. The labor rates of the current contractor were deemed to be fair and reasonable at the time of the contract award.

The follow-on contract will be competed amongst small business set-aside ensuring the government receives a fair and reasonable price.

8. Description of Market Research.

Market research has been conducted for the follow-on contract of this requirement. The market research concluded that there are numerous small/large businesses that can provide the services required under the NAICS codes 925120, Administration of Urban Planning and Community and Rural Development and 541611, Administration Management and General Management Consulting Services. Potential businesses were found on the GSA Federal Supply Schedule (Group 899 – Environmental Services), and DHS –wide and Multi-component vehicles. The contract labor rates were compared against the labor categories found under the Department of Labor – Bureau of Labor Statistics, and the current price was found to be fair and reasonable.

There is sufficient interest and qualified businesses within the industry to ensure the follow on solicitation will have healthy competition.

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

FEMA has come to the conclusion that it is imperative to keep this contract vehicle active during the re-compete, to insure continued support to the HQ, Regions and the field offices.

Historically other components have utilized the CaPP contract (including Office of Chief Counsel, Recovery Program Office, Individual Assistance and Public Assistance offices). It is likely that other divisions will utilize the contract to continue to support their work.

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

N/A

11. Actions taken to removal of barriers to competition.

Going forward, a new multi-year IDIQ contract vehicle is anticipated to be awarded through a competitive process amongst small business set-aside, based on best-value trade off evaluation.

Approval

Based on the foregoing justification, I hereby approve the extension of the Period of Performance for six months with options, totaling not-to-exceed 12 months, for National Disaster Recovery Planning Division program contract, on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c) as implemented in FAR 6.302-1—Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.