JA-_Justification_for_Sole_Source_-_AFFH_Support_Services_Redacted.pdf

Docusign Envelope ID: 13DFB84D-53D5-46CC-92C5-BDF54422B037

J&A under FAR Subpart 6.3 - Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. Department of Housing and Urban Development/Headquarters Contracting Operations

b. Requiring activity. HUD/Office of Fair Housing and Equal Opportunity

c. Requiring Activity Point of Contact (POC) information.

Name.

Mailing address. 451 7th St, SW, Washington, D.C. 20410 E-mail address.

Telephone number.

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

a. Acquisition purpose and objectives.

The purpose of this requirement is to provide racial residential segregation and integration data, while also providing consultative advice on technical assistance materials for FHEO's Policy and Legislative Initiatives Division (PLID). FHEO is seeking a vendor to provide support services for implementation of the Affirmatively Furthering Fair Housing Final Rule and assistance with the development of technical assistance materials for stakeholders.

b. Project background.

The vendor will support implementation of the Affirmatively Furthering Fair Housing Final Rule by providing integration and segregation data at the census tract, county, and core-based statistical area (CBSA) level, while maintaining and updating integration and segregation metrics, and providing practical recommendations to assist FHEO in developing associated technical assistance materials. The February 15th, 2024, draft version of the AFFH Final Rule requires HUD program participants to complete a series of questions in the analysis portion of their Meaningful Action Plans (MAPs), which identifies the fair housing issues present in their jurisdiction and the greater region. When applicable, program participants are mandated to provide responses to the following questions pertaining to integration and segregation metrics: 1) “Which areas within the geographic area of analysis have significant concentrations of particular protected class groups, including racial/color/ethnic groups national origin groups, particular limited English proficient groups, individuals with disabilities, and other protected class groups?” 2) “Which, if

July 2018 1 any, of these geographic areas extend beyond the boundaries of the jurisdiction?

Please note that depending on the geographic areas used in this analysis, the jurisdiction’s analysis may need to include areas that go beyond the jurisdiction’s specific boundaries.” 3) “How have patterns of segregation and integration in particular geographic areas, as defined in § 5.152, changed over time in the jurisdiction and region?” FHEO seeks to leverage the vendor’s data and data expertise to expand the availability of geographically granular integration and segregation data.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. AFFH Support Services

b. Project Description.

FHEO’s Policy and Legislative Initiatives Division (PLID) is seeking contractor support to provide the following services to support AFFH implementation:

i. Geospatial Segregation and Integration Data

ii. Project Management and Support Services

Please refer to the Performance Work Statement to review the full substance of the requirement.

Provide the following information:

Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): _______________

Type of action. Check the appropriate box:

New requirement Follow-on Other (specify):

Proposed contract/order type.

Firm-fixed-price

Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________

July 2018 2 x x

Cost-plus-fixed-fee

Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________

Time and materials

Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): __________

Other (specify): ___________

Completion Form Term form

Acquisition identification number.

c. Total estimated dollar value and performance/delivery period. The total estimated value is . This is for a base period of 12 months and 4 option years.

4. Identification of the statutory authority permitting other than full and open competition.

Federal Acquisition Regulation (FAR):

6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition is conducted under the authority of United States Code 10 (U.S.C.) 253(c)(1) or 41 U.S.C.3304(a)(1)

6.302-2 Unusual and compelling urgency. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2).

6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3).

6.302-4 International agreement. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4).

6.302-5 Authorized or required by statute. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5).

6.302-6 National security. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6).

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6.302-7 Public interest. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(7) or 41 U.S.C.

3304(a)(7).

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

a. Name and address of the proposed contractor(s). Othering and Belonging Institute, University of California, Berkeley 460 Stephens Hall Berkeley, CA

94720 MC 2330

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

The Office of Fair Housing and Equal Opportunity is requesting a fixed price, sole source contract with Othering and Belonging Institute (OBI) to provide geographically granular racial segregation and integration data, at the census tract, county, and core-based statistical area (CBSA) level, while maintaining and updating integration and segregation metrics, and providing practical recommendations to assist FHEO in developing associated technical assistance materials. Specifically, the Contractor will provide their unique, nationally available racial residential segregation data with the Segregation/Integration – Detailed, Segregation/Integration, White-Nonwhite Dissimilarity, Black-White Dissimilarity, White-Asian Dissimilarity, White-Latino Dissimilarity, Divergence, Entropy, and White Location Quotient measures for the years 1990, 2000, 2010 and 2020 for all census tracts, cities, counties and CBSAs.

OBI is the only source that can satisfy the Agency’s requirements under this contract and that has existing and relevant experience developing the geographically granular data that is required for neighborhood level analyses of segregation and integration over time.

In 2022, the Equity Metrics program at the OBI within the University of California, Berkeley published an innovative mapping tool and companion dataset detailing over 20 segregation metrics for all neighborhoods in the United States from 1980 - 2020. The data OBI developed is much more geographically granular than any existing national level segregation dataset. At present, the AFFH-T only includes jurisdiction and region level segregation metrics, while OBI’s data contains segregation and integration metrics at the neighborhood (i.e. census tract) level, enabling users to clearly see how patterns of segregation vary within a city or county. OBI’s data can enable a much deeper understanding and analysis of segregation patterns within HUD jurisdictions. Secondly, OBI researchers have created composite segregation metrics that are much more understandable for non-technical audiences. For example, OBI developed categories like “high white segregation” and “high POC segregation” that can help jurisdictions quickly understand segregation measures and tell their local fair housing narratives. OBI researchers have considerable knowledge on fair housing and are well positioned to aid FHEO in developing comprehensive fair housing data, tools, and technical assistance. In particular, FHEO believes OBI’s data and expertise will be valuable for providing data to assist program participants with answering many of the forthcoming Final AFFH Rule questions around segregation, while also informing FHEO’s ongoing project to develop a AFFH Data Dashboard tool to aid program participants completing MAPs, as well as FHEO staff

July 2018 4 assessing said MAPs. The Contractor is the only source to have access to the segregation and integration data they have already developed.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

The proposed contract action is a new contract, with the procurement and acquisition plan number of . This procurement was advertised on SAM.gov as required by FAR 5.201. This procurement will be accomplished as a sole source contract under the authority of FAR 6.302-1.

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

This determination is to ensure that the anticipated cost/price to the Government for the contract is fair and reasonable. Comprehensive market research has been conducted to assess the prevailing rates for similar services within the industry. This includes benchmarking against comparable projects and services provided by other vendors in the geospatial data analytics field. A detailed cost analysis has been performed, reviewing the proposed budget breakdown provided by the vendor. This analysis includes evaluation of labor rates, materials, overhead, and profit margins.

The technical evaluation of the proposal has confirmed that the scope of work, level of effort, and resources proposed are aligned with industry standards and necessary to achieve the project’s objectives. An Independent Government Cost Estimate has been prepared, serving as a benchmark to compare the proposed pricing. The IGCE reflects realistic cost expectations based on market conditions, historical data, and technical requirements.

Based on the comprehensive market research, detailed cost analysis, historical pricing data, technical evaluation, negotiation efforts, and comparison with the Independent Government Estimate, the Contracting Officer has determined that the anticipated cost/price to the Government is fair and reasonable. This determination ensures that the Government is obtaining the best value for the services provided.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market research was conducted, following the contract opportunity’s posting to SAM.gov.

Potential vendors were able to submit capability statements in response to the tasks identified in the Performance Work Statement from the date the opportunity was posted on April 18th, 2024, to its closing on May 1st, 2024. It is clear that only one contractor has the existing data, knowledge, and experience to complete the work under this contract in the time frame identified. The contractor must be able to provide the data and services in the time frame identified to ensure FHEO and PLID can successfully implement the forthcoming Affirmatively Furthering Fair Housing final rule.

July 2018 5 http://sam.gov/

Incurring project delays to wait for another contractor to compile the needed segregation and integration data would result in insurmountable delays that could jeopardize the success of implementation, and the provision of technical assistance to HUD funding recipients.

Insurmountable delays would hinder HUD’s ability to prevent and address discrimination and advance equity, while increasing the effectiveness of civil rights enforcement, which HUD was tasked with in Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.

9. Any other facts supporting the use of other than full and open competition.

The 2015 AFFH Rule led to the development of the AFFH Data and Mapping Tool (AFFH- T), which contains a set of maps and tables of nationally uniform data for program participants to utilize in accordance with the 2015 AFFH Rule’s requirements. With respect to data on integration and segregation, the AFFH-T provides racial/ethnic dissimilarity indices for Non-White/White, Black/White, Hispanic/White, and Asian or Pacific Islander/White groups in 1990, 2000, 2010 and 2020. Dissimilarity index values represent a summary measure of the extent to which the distribution of any two racial or ethnic groups differs across a given area and indicates the percentage of either racial or ethnic group that would have to move to a different neighborhood to create perfect integration. In the AFFH- T, a value of less than 0.4 indicated low segregation, a value ranging from 0.41 to 0.54 indicated moderate segregation, and a value greater than 0.55 indicated high segregation.

However, researchers note that dissimilarity is an insufficient measure in capturing the full extent of segregation in a given area.1 Among several deficiencies, dissimilarity only compares segregation between two racial groups at a time, limiting its effectiveness in diverse places, and failing to provide a comprehensive overview of all racial groups simultaneously. Further, dissimilarity is limited in its ability to detail segregation and integration patterns in smaller geographies. In the AFFH-T, dissimilarity indices are only provided at the jurisdiction and region geographic levels.

In 2022, the Equity Metrics program (EMP) at the Othering & Belonging Institute (OBI) within the University of California, Berkeley published an innovative mapping tool and companion dataset detailing over 20 segregation metrics for all neighborhoods in the United States from 1980 - 2020. The data OBI developed is much more geographically granular than any existing national level segregation dataset. At present, the AFFH-T only includes jurisdiction and region level segregation metrics, while OBI’s data contains segregation and integration metrics at the neighborhood (i.e. census tract) level, enabling users to clearly see how patterns of segregation vary within a city or county. OBI’s data can enable a much deeper understanding and analysis of segregation patterns within HUD jurisdictions. Secondly, OBI researchers have created composite segregation metrics that are much more understandable for non-technical audiences. For example, OBI developed categories like “high white segregation” and “high POC segregation” that can help jurisdictions quickly understand segregation measures and tell their local fair housing narratives. OBI researchers have considerable knowledge on fair housing and are well positioned to aid FHEO in developing comprehensive fair housing data, tools, and technical assistance. In particular, FHEO believes OBI’s data and expertise will be valuable for providing data to assist program participants with answering many of the forthcoming Final AFFH Rule questions around segregation, while also informing FHEO’s ongoing project to develop a AFFH Data Dashboard tool to aid program participants completing Meaningful Action Plans (MAPs), as well as FHEO staff assessing said MAPs.

July 2018 6

If Congress appropriates additional funds to support implementation and enforcement of Affirmatively Furthering Fair Housing, steps will be taken to encourage and solicit competition in any future solicitations.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

It is the intent of HUD to award this requirement as a sole source to The Regents of the University of California. This requirement is a new contract and task order with the procurement and acquisition plan number of . The new contract is to support FHEO and PLID in carrying out implementation of the Affirmatively Furthering Fair Housing final rule and fair housing enforcement broadly. In total, nine vendors provided capability statements in response to the Sources Sought contract opportunity posted to SAM.gov. Following market research, PLID has determined that The Regents of the University of California’s Othering and Belonging Institute (OBI) is the only vendor suited to provide quantitative racial residential segregation and integration data to ensure FHEO can successfully provide HUD funding recipients with geographically granular segregation and integration data, which will allow funding recipients to assess the barriers to affirmatively further fair housing and remediating patterns of segregation in their respective communities.

At the end of the contract period, the Contractor shall submit all data files and documentations used to carry out the longer-term analysis to HUD.

HUD created a Performance Work Statement (PWS) with tasks associated with the contract. The major tasks will comprise of the provision of geospatial segregation and integration data, as well as project management and support services The major elements for the aforementioned tasks include the following:

Provide nationally available segregation data with the Segregation/Integration – Detailed, Segregation/Integration, White-Nonwhite Dissimilarity, Black-White Dissimilarity, White-Asian Dissimilarity, White-Latino Dissimilarity, Divergence, Entropy, and White Location Quotient measures for the years 1990, 2000, 2010 and 2020 for all census tracts, cities, counties and core based statistical areas (CBSAs).

Provide a brief report detailing background information on how the requested data was developed, an explanation of how the data aligns with FHEO’s intended use of the data, and all data limitations identified

Provide consultative advice on various issues, including but not limited to statistical, geospatial, and fair housing issues. Examples of these include providing general expertise, as well as verbal and written explanations to HUD assisting with improving data visualization and associated materials.

To solicit as a competitive requirement would be counter intuitive as no other firm outside of The Regents of the University of California currently possess the data needed to meet the requirements specified under this opportunity. Using the sole source contract method is the best financial solution.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

July 2018 7

If Congress appropriates additional funds to support implementation and enforcement of Affirmatively Furthering Fair Housing, steps will be taken to encourage and solicit competition in any future solicitations.

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date Requiring Activity

POC

13. Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature Date

Contracting Officer

Official Name & Title Signature Date Competition

Advocate

July 2018 8