J A_Fair_Opportunity_Exception_for_DR4272TX.pdf

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

June 22, 2016

Justification for Exception to Fair Opportunity

This task order is conducted under the authority of FAR 16.501-2(a) and is justified by the fair opportunity exception set forth in FAR 16.505(b)(2)(i)(A), compelling urgency. The agency’s need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. Use of this exception is justified by the following facts and rationale as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Federal Insurance and Mitigation Administration (FIMA), proposes to enter into a task order without fair opportunity. The Contracting Activity is the Office of Chief Procurement Officer/Acquisition Operations Division/Mitigation Section.

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

This justification for an exception to fair opportunity will allow the negotiation and issuance of a non-competitive task order under the existing multiple award, indefinite-delivery indefinite-quantity (IDIQ) contract HSFE60-15-D-0016 with Booz Allen Hamilton for urgently needed work to conduct substantial damage estimates while perishable data is still available.

The Federal Emergency Management Agency (FEMA) is authorized pursuant to the Disaster Relief and Emergency Assistance Act (P.L. 93-288), as amended by the Robert T. Stafford Act (P.L. 100-707), to provide assistance to applicants of Presidential declared disasters and emergencies. This task order will be issued in support of presidential declaration DR-4272-TX.

The estimated period of performance is 4 months. However, FEMA will reassess performance within 90 days to determine if services can be transitioned to a local source pursuant to the Stafford Act. The total estimated value is $809,704.61; if services are provided for the full 4 months under this contract action.

3. Description of Supplies/Services.

The Federal Insurance & Mitigation Administration (FIMA) is the Federal Emergency Management Agency’s (FEMA) component charged with the management and oversight of the Hazard Mitigation Technical Assistance Program (HMTAP), which includes non-architect and engineering post disaster damage assessment support. Urgent engineering support services are needed in support of disaster declaration DR-4272-TX to conduct substantial damage estimates resulting from the severe storms in Texas (TX).

The impacts of severe storms and flooding in Texas have resulted in thousands of damaged and destroyed structures that present an immediate threat to the health and safety of the public and leave local officials overwhelmed in performing their essential community services to deal with thousands of nonconforming structures. To alleviate the threat local officials must evaluate the damage state of these structures and enforce the NFIP requirements for bringing substantially damaged structures into compliance. The assistance provided by this task will collect data for use by local communities for making Substantial Damage Determinations of affected residential and non-residential structures, as required by the National Flood Insurance Program (NFIP).

The Contractor will conduct timely and accurate inspections and data collection of damages incurred by impacts of severe storms and flooding in Texas. Approximately 2,000 structures will require inspection based on current estimates. The geographical area identified for these structures encompasses the Austin, Brazoria, Brazos, Fort Bend, Grimes, Hidalgo, Hood, Montgomery, San Jacinto, Travis, Waller and Washington counties in Texas.

4. Identification of the exception to fair opportunity and the supporting rationale.

This exception is being conducted in accordance with FAR 16.505 justification for an exception to fair opportunity. In accordance with FAR 16.505(b)(2)(i)(A), the agency’s need for the services is so urgent that providing a fair opportunity would result in unacceptable delays.

An exemption from fair opportunity is needed to prevent unacceptable delays for this urgently needed disaster related support.

FEMA needs to deploy resources within 48 hours to capture perishable data from disaster flooding. Any delay beyond 48 hours poses an unacceptable threat to making an accurate assessment of the impact from flooding in Texas. Flood evidence and forensics disappear or become inaccurate shortly after the flood. For example, how high did the water rise in the house or outside of the house (high-water mark)? Without such information FIMA’s ability to mitigate damage from future flooding is greatly reduced. This would also delay community restoration since damaged structures have to be assessed before permits can obtained any rebuilding can start.

This task order provides critical support to the FEMA/Federal Insurance and Mitigation Administration (FIMA) by alleviating the threat caused by damaged residential and non-residential structures. This includes the collection of perishable data and ensuring structures are brought into compliance with the NFIP requirements without delay.

5. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. The Contracting Officer will negotiate a fair and reasonable price based on Booz Allen’s provisional indirect rates, historical cost data available on prior task orders, the independent Government cost estimate (IGCE), and use of the DHS profit weighted guidelines.

The Contracting Officer will also rely on certified cost and pricing data.

6. Any other facts supporting the justification.

None.

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 supplies or services is made.

As a method of increasing competition to the maximum extent practicable, the Government shall continue to consider and develop processes that will prepare the contractors under the multiple-award IDIQ contracts for a more expeditious response time to the Government’s requirements, alleviating the necessity to make an urgent award without competition. However, due to the nature of the disaster-related work and the need to deploy within 48 hours, it is difficult to ready contractors for requirements that are unknown or undefined until they arise as a result of a disaster’s occurrence.

8. Contracting Officer’s Certification:

In accordance with FAR 16.502(b)(2)(iii), I certify that the justification supporting the recommended use of other than fair opportunity is accurate and complete to the best of my knowledge and belief.

Freda R. McDonald Date Contracting Officer

9. Technical/Requirements Personnel Certification:

I certify that this requirements meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Frank Oporto

____June 22, 2016 Date

Technical Representative

10. APPROVAL:

Competition Advocate’s Signature Date joporto1 Highlight fmcdonal Typewritten Text June 22, 2016 fmcdonal Typewritten Text fmcdonal Typewritten Text