Justification_for_Follow_On_HSFE80-15-J-0001_for_HSFEHQ-12-D-0879_HSFE80-14-J-0010_(1783-NM)_mm_(3).pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Date: October 30, 2014 Contractor: AECOM Contract: HSFEHQ-12-D-0879 Task Order No.: HSFE80-15-J-0001 Follow-on to HSFE80-14-J-0010 Disaster Number: FEMA-DR-1783-NM

Applied Exception: Exceptions to the fair opportunity process, as stated under FAR 16.505(b)(2)(i)(C)

The work that will be covered in the Task Order is in lieu of extension P00004 to Task Order HSFE80-14-J-0010. Due to the critical nature of continuity in services and expertise, it is necessary to continue the efforts started under HSFE80-14-J-0010 on follow-on task order HSFE80-15-J-0001. Therefore, it is appropriate to provide this Task Order based on exception (c): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. AECOM staff is currently assisting FEMA’s Region VI and is directly working with the State of New Mexico and its sub-grantees daily on complex infrastructure projects identified for repair or replacement und the Public Assistance Program. AECOM staff is intimately familiar with the projects, working them form inception. As such, the current contractor is best suited to most efficiently of reducing turnover as much as possible. It also allows continuity of operations and retaining historical knowledge of projects. These resources allow FEMA to remain committed to help the State of New Mexico recover from these disasters as swiftly as possible. AECOM is best suited to most efficiently provide Region VI the best capability. This order was competed amongst all four (4) TAC contractors and proposals. Each contractor was given fair consideration for the original requirement.

FAR 16.505 Ordering (b)(2)(i)(C) Orders exceeding the simplified acquisition threshold.

1) Identification of the agency and the contracting activity: U. S Dept. of Homeland Security/FEMA, Office of Chief Procurement Office, Recovery & Response Division.

2) Nature and/or description of the action being approved: Issue a Task Order for continuation of work within scope work to a contractor based on applicable exception(s) to fair opportunity.

3) A description of the supplies or services required to meet the agency’s needs (including the estimated value): AECOM staff is currently assisting FEMA’s Region VI and is directly working with the State of New Mexico and its sub-grantees daily on complex infrastructure projects identified for repair or replacement und the Public Assistance

Program. AECOM has one (1) technical specialist that provides full-time support to the FEMA Public Assistance (PA) Program. AECOM will continue to meet with FEMA’s PA team and with the applicant and their designated engineers to review project issues, preliminary damage assessments, existing PWs, and sanitary sewer systems layout and operation and maintenance procedures, as applicable. If required, additional field inspections will be performed and will include a survey of damaged infrastructure including collection, treatment and discharge system components, inclusive of river crossings and infrastructure located in irregular and mountainous terrain. AECOM will document the current conditions and extent of damages through photographs, measurements and sketches. The estimate value is $166,184.18

4) Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value): This action meets Section 16.505 Ordering (b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order as follows: The proposed amendment provides for a continuation of the work performed by AECOM to provide continued technical assistance is support of public assistance disaster operations for FEMA-1783-DR-NM. Currently, AECOM has one (1) technical specialist that provides full-time support to the FEMA Public Assistance (PA) Program. AECOM will continue to meet with FEMA’s PA team and with the applicant and their designated engineers to review project issues, preliminary damage assessments, existing PWs, and sanitary sewer systems layout and operation and maintenance procedures, as applicable. If required, additional field inspections will be performed and will include a survey of damaged infrastructure including collection, treatment and discharge system components, inclusive of river crossings and infrastructure located in irregular and mountainous terrain. AECOM will continue to document the current conditions and extent of damages through photographs, measurements and sketches. Under task order HSFE80- 15-J-0001, AECOM will prepare a technical report of findings based on field inspections, technical reviews of existing PWs, determinations/recommendations of eligibility, hazard mitigation options, repair/replacement determinations, and additional field engineering/analysis. A technical report and recommendations related to the project will be presented to the Public Assistance Branch Chief for review and action. The estimated value for the follow-on services is $166,184.18; the previous TO value was $181,294; which is a reduction of $15,109.82.

It is essential to retain AECOM for continuing this work in order to provide a technical specialist. This work is a logical and natural continuation of the original order. The effort is within the scope of the original order (no new tasks from the contract level SOW were introduced).

5) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: The labor rates are based on competition, which have been determined to be fair and reasonable. These rates have been fixed on the contract.

6) Any other facts supporting the justification: N/A

7) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made: The program office has been advised to consider utilizing options, if applicable under the task orders, as well as to improve forecasting and planning of requirements to be competed under the Public Assistance Division.

8) The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief: See statement below.

9) Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel: N/A

10) A written determination by the approving official that one of the circumstances in (b)(2)(i)(A) through (E) of this section applies to the order: FAR 16.505(b)(2)(i)(C) allows for the issuance of a follow-on task order if it is in the interest of economy and efficiency for the government. Should this requirement be competed and another contractor win the task order, the government would incur the following additional costs and delays:

1. Travel for De-mobilization of incumbent personnel

2. Travel for Mobilization of follow on personnel

3. Labor hours on the part of the incumbent and new contractor for the transitional period

4. Extension of work period of performance, due to an additional the learning curve of the follow-on personnel, and loss of historical knowledge

Therefore, the issuance of the follow-on task order would allow the project to be completed on time and within budget.

Approval Requirements

This action is approved in accordance with paragraph 16.505(b)(2)(i)(C) and agency policy.

Support Documentation

N/A

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief

La Shawn Smith Contracting Officer