JA_Fair_Opportunity_Exception_16-J-0004_(002)_(002).pdf

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

March 14, 2017

Justification for Exception to Fair Opportunity

This task order modification 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)(C), logical follow-on.

Modifying task order HSFE60-16-J-0004 on a non-competitive basis is in the best interest of economy and efficiency because it is a logical follow-on to services already started under the order. All awardees were given a fair opportunity to be considered for the original task order being modified. Use of this exception is justified by the following facts and rationale.

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 modification to increase the level of effort without use of 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.

Issuance of a non-competitive modification to HSFE60-16-J-0004 to increase the order’s fixed price by approximately $349,000 and to extend the period of performance by 9-months is necessary to complete environment assessments for the FEMA Louisiana Recovery Office (LRO). The subject task order was issued to Booz Allen Hamilton (BAH) under its existing multiple award, indefinite delivery, indefinite quantity (IDIQ) Contract HSFE60-15-D-0016.

This modification is necessary to ensure DR-1603 HMGP projects are conducted in compliance with the National Environmental Policy Act of 1996 (NEPA) and the National Historic Preservation Act (NHPA); which is non-severable work.

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 technical support services. This effort is to support the recovery activities and undertakings of FEMA for a Presidentially declared disaster. The subject task order was issued in support of presidential declaration DR-1603-LA. 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.

Under the task order, BAH provides technical assistance to ensure expeditious reviews of FEMA funded projects and compliance with environmental and historic preservation laws, regulations, and EOs, including the National Environmental Policy Act (NEPA), National Historic

Preservation Act (NHPA) Section 106, Endangered Species Act (ESA) Section 7, Coastal Zone Management Act (CZMA), Coastal Barrier Resources Act (CBRA), Fish and Wildlife Coordination Act (FWCA), Magnuson-Stevens Fisheries Conservation and Management Act (Magnuson-Stevens), Native American Graves Protection and Repatriation Act (NAGPRA), Clean Water Act (CWA), Clean Air Act (CAA), and EOs 11988 (Floodplains), 11990 (Wetlands), and 12898 (Environmental Justice), or “EHP Review”.

Due to unforeseen delays (which were not caused by the contractor), FEMA requires continued on-site technical support from BAH to complete EHP Reviews for the State of LA. In the initial task order award, BAH was assigned 34 projects to assist with environmental and historical preservation reviews. Of the 34 projects, a total of 20 require continued support during a 9-month extension to the order’s period of performance.

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)(C), the exception of logical follow-on applies. The task order is being modified on a non-competitive basis in the interest of economy and efficiency.

Currently the vast majority of Hazard Mitigation project reviews under the task order are focused on large scale draining projects located throughout the state of Louisiana, such as the six large CNO drainage projects, Livingston Drainage, Bayou Sara, etc. These projects often require extensive Section 106 review, archeology studies, mitigation and permits from USACE, Environmental Justice analysis, H&H/Floodplain analysis, and Cumulative Impact studies. In addition, EHP is reviewing smaller scale drainage projects such as: Jefferson Parish Manson Ditch & St. Bernard 3 Drainage Canal Upgrades; acquisition/elevation projects, Calcasieu; road Elevations, Hayes Road, etc. Each project is unique in the scope of work, environmental resources impacted, and level of EHP review required to move the project forward.

BAH has been supporting the environmental review of the pending 20 HMGP projects (which are in-process) pending 2nd phase awards until the environmental and historical reviews are cleared. It is estimated that the completion of this effort will require 9 additional months. Due to the project complexity, and the submission of incomplete project files (by the State), FEMA has encountered unforeseen delays to proceed with the multiple technical reviews of these projects.

This includes the environmental and historical preservation reviews which require the use of a complete project file in most of the cases.

BAH staff have already been mobilized and are imbedded, and cleared (with background checks) to operate on-site at the LRO. BAH staff have intimate knowledge of the 20 pending projects.

Therefore, it would be more efficient to allow BAH to finalize the existing projects rather than introducing a new contractor and new staff.

BAH staff have already worked closely with State and local partners for almost a year performing similar assessments under the current task order. This experience has allowed them to gain intrinsic knowledge about the particular working relationships that exist between FEMA, the State of Louisiana, and its local governments. Any new contractor introduced to this environment would need to become familiar with the technical knowledge about the status of the 20 HMGP projects and the inner working relationships established with the FEMA staff, the State of Louisiana, and its local governments. It is estimated that a new contractor would require up to 5-months to obtain this intimate knowledge (including time to be cleared to work at the LRO); significantly increasing the cost of performance.

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

The contractor will determine the task order cost to be fair and reasonable based on cost analysis.

This will include comparison of the proposed cost elements to BAH’s approved 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.

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, in the future the Government intends to more accurately project the needed timeframe to complete environmental assessments to avoid use of the logical follow-on exemption due to Government caused delays.

8. Contracting Officer’s Certification:

In accordance with FAR 16.505 (b)(2)(i)(C) this requirement meets the criteria for a logical follow-on. This modification is being issued on a non-competitive basis in the interest of economy and efficiency. I certify that the data supporting the recommended use of other than fair opportunity is accurate and complete to the best of my knowledge and belief.

_____________________________________ March 14, 2017 David. J. Orris Contracting Officer Date

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.

_____________________________________ March 14, 2017 Jose F. Oporto Date Technical Representative

10. APPROVAL:

David J. Orris Date Contracting Officer dorris Typewritten Text March 14, 2017