JA HSFE60-15-C-0007 (CERC) 6.30.2020.pdf

U.S. Department of Homeland Security Office of the Chief Procurement Officer

Justification and Approval for Other Than Full and Open Competition Version 3.1

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1) J&A No: 20-023

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, this 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, Federal

Emergency Management Agency (FEMA) proposes to issue a contract modification on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of action. Modification to extend the period of performance and increase the not-to-exceed (NTE) amount under contract HSFE60-15-C-0007 with Resilience Action Partners for continued community engagement and risk communications (CERC) support services. The proposed modification will extend the period of performance not to exceed 10-months (inclusive of options) and increase the NTE amount by $24,730,781. This extension will allow mission essential support until a competitive follow-on is awarded and transition with the successor contractor is completed. This extension includes an estimated 7-months to complete the follow-on procurement and 3-months for transition to the successor contractor. No additional extension period is anticipated.

(b) Name and address of the contractor(s). Resilience Action Partners, 3601

Eisenhower Avenue, Suite 600, Alexandria, VA 22304, DUNS# 079345259, CAGE Code 73SM6.

(c) Contract type. Continued use of a hybrid contract type including cost plus fixed fee

(CPFF), cost-plus award fee (CPAF), and firm fixed price (FFP) CLINs as established in the base contract.

(d) Estimated total value (including options). The total estimated value of this extension is

$24,730,781(inclusive of options). This includes a 2-month base period and two 4-month options. This will increase the NTE amount of contract from $133,489,217 to $158,219,998 for the needed capacity during the extension.

(e) Type of funding. National Flood Insurance Fund (NFIF). The funding type will be two-year (05).

(f) Year of funding: FY20 and FY21 funds will utilized.

Justification and Approval for Other Than Full and Open Competition

(g) Nature of Action. FEMA intends to procure continued CERC support service from the incumbent contractor for the Federal Insurance Mitigation Administration (FIMA), National Flood Insurance Program (NFIP) on a sole source basis. This is necessary to achieve NFIP’s goal of reducing the Nation’s vulnerability to all hazard risks by providing clear, consistent risk communication and engagement to all stakeholders.

3. Description of Supplies/Services.

CERC services support the Risk MAP program within the Risk Management Directorate (RMD) of FIMA to synchronize communications and engagement. These services increase the public awareness of the various risks associated with floods and other hazards. Through continued communications and engagement, risks from natural hazards to life and property are reduced.

The CERC contractor provides community engagement surrounding natural hazard risk awareness by leveraging behavioral science to improve risk communications and increasing risk understanding and ways to reduce the risk. This promotes risk reduction activities such as natural hazard awareness and action campaigns, mitigation plans, mitigation funding, and other mitigation action.

This integrated program encourages partnerships, and innovative uses of flood hazard and risk assessment data to build more resilient communities. Through collaboration with federal, state, local, tribal, and private entities, the CERC contractor delivers quality data to increase public awareness and promotes actions that reduce risk to life and property. While flooding is the primary focus of risk reduction, the contractor encourages an all-hazard risk approach, and is focused on enhancing the usability and value of natural hazard risk information. This leads to an increase in the public’s understanding of risk, reducing the risk of life and property to communities.

The Government Performance and Results Act (GPRA) requires NFIP to provide monthly reports and updates to Congress on mapping flood miles and other risk mitigation projects.

The CERC contractor supports this reporting including congressional casework and testimony.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) (“[T]he … services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency.”) pursuant to Federal Acquisition Regulation (FAR) 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

Justification and Approval for Other Than Full and Open Competition

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

(a) Rationale for using the authority cited in section 4 of the J&A.

The incumbent CERC contractor is uniquely qualified and is the only known source that can provide the needed stop-gap services without a lapse in support. It is the only known responsible source that can support all ongoing CERC projects, as well as emerging requirements until the follow-on contract is awarded. The CERC contractor is uniquely capable and positioned to continue to provide the following services:

• Leverage technology, relationships, and mutual interests across the public and private sectors to improve project delivery and effectiveness to increase risk awareness, leading to citizens and state, local, tribal, territorial, private sector, and Non-Governmental organizations taking mitigation action to substantially reduce risk to life and property and increase the Nation’s resilience to natural hazards.

• Deliver flexible, tailored, rapid, and innovative methods for providing regional support. Providing regional support flexible enough to be tailored to the specific needs of the region, including but not limited to physical location, regional priorities, number of personnel, familiarity with the natural hazards and risks faced by these regions.

• Assist with the design, implementation, communication, and/or management of new and revised requirements, processes, and procedures resulting from and/or supporting the Biggert-Waters National Flood Insurance Program Reform Act of 2012 (also known as “BW-12”), Presidential Policy Directive-8 (PPD-8), the National Mitigation Framework (NMF), the National Mitigation Investment Strategy, the National Disaster Relief Framework (NDRF), the Mitigation Federal Leadership Group, the FEMA Strategic Plan Objectives 1.1 and 1.2 and Goal 3 and other statutory and regulatory and strategic planning changes impacting the Risk MAP program. Promote integration with other Risk Analysis, Risk Reduction, FIMA, FEMA, DHS, and Other Federal Agencies programs.

• Provide communication and community engagement support for rapid disaster response and recovery. Incorporate data created from post-disaster situations into Risk Management programs and improve program delivery in post-disaster environments.

The incumbent contract will expire on July 25, 2020, unless extended under the authority of this J&A. This extension is necessary due to unforeseen delays in the procurement process of the competitive follow-on. This includes significant changes to the procurement approach, multiple revisions to the requirement documents, and diversion of FEMA staffing resources to the COVID-19 disaster response.

Justification and Approval for Other Than Full and Open Competition

(b) Summarize alternatives considered and why they will not work.

No alternate approaches to procure the needed services without a lapse in services have been identified. This procurement is attached to the Risk MAP Acquisition Program. Risk MAP is a Level-1 Program which is currently in the sustainment lifecycle acquisition phase (ADE3). Due to the complexity this requirement and large dollar value of the competitive follow-on, the procurement milestones cannot be expedited to make award prior to the expiration of the contract.

(c) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

Any lapse in the services provided under the CERC contract would cause significant harm to FEMA’s mission. The services provided under the CERC contract enables FEMA to report the required flood hazard mapping data and other mitigation statistics to Congress on a monthly basis (fema.gov/media-library/assets/documents/185650). Funding for the NFIP is dependent on these reports as well as the FEMA Culture of Preparedness strategic goal. These services are required for disaster response and are essential to FEMA’s mission of helping people before, during, and after disasters. FEMA cannot meet this mandate without the services provided by the CERC contractor. Any interruption in contractor support would also cause severe harm to FEMA’s ability to help disaster survivors.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

In accordance with FAR 5.101(a)(1), the current action was synopsized and posted on the Government Point of Entry, the website (beta.sam.gov). Capability statements will be accepted and reviewed by any interested vendor responding to the posting.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contractor’s proposal for the extension will be evaluated for cost/price reasonableness and realism based on the techniques described in FAR 15.404-1. Cost analysis will be used to evaluate the reasonableness of individual cost elements when certified cost or pricing data are required.

8. Description of Market Research.

Market research has been conducted in preparation for the competitive follow-on procurement. This requirement falls under Knowledge-Based Services Portfolio Group, and Professional, Administrative, and Management Support Services (R) portfolio PSC:

R426 (Communications Services) and North American Industry Classification System (NAICS) code 541611 (Administrative Management and General Management Consulting Services. FEMA conducted market research to determine the capacity of industry and small business, as well as the availability of Best in Class (BIC) and DHS Strategic Sourced contracts (category management vehicles) to meet the CERC

Justification and Approval for Other Than Full and Open Competition requirements. No known source demonstrated the capability of performing this work without substantial transition time.

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

None.

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

Acquisition.

No other sources have expressed interest in this action.

11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

To maximize competition for the follow-on effort, FEMA will use full and open competition. The bridge contract will extend services for up to 10 months (inclusive of options). Not all of the option periods will be exercised in the event the follow-on contract is awarded and transition is completed in less than 10-months.

12. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

WILLIAM SANFILIPPO Digitally signed by WILLIAM SANFILIPPO Date: 2020.06.19 10:01:42 -04'00'

William Sanfilippo Date Contracting Officer (FEMA)

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Digitally signed by PETER J HERRICK JR Date: 2020.06.19 10:04:56 -04'00'

Peter Herrick, Jr. Date Communications Lead Risk Management Directorate (FEMA)

PETER J HERRICK JR

Justification and Approval for Other Than Full and Open Competition

14. Legal Counsel Review. I reviewed this Justification and Approval for Other Than Full and Open Competition in accordance with HSAM 3006.304-70 and find it legally sufficient.

RINA E MARTINEZ Digitally signed by RINA E MARTINEZ Date: 2020.06.23 19:58:11 -04'00'

Rina Martinez Date Legal Counsel (FEMA)

Concurrence:

Digitally signed by TYUANA L BAILEY Date: 2020.07.01 11:20:39 -04'00'

Tyuana Bailey Date Procuring Activity Advocate for Competition (FEMA)

Approved by:

Bobby J. McCane Date Head of the Contracting Activity (FEMA)

07/12/2020