JA -Justification Sole-Source FAR 13.5 - Housing Code - 08-18-22 approved with atch.pdf

JA No: 22-42

Housing Codes and Public Violation Database Feasibility Assessment - RFQ 86614622Q00007

TEMPLATE FOR FAR PART 13 J&As SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS (FAR SUBPART 13.5)

Justification for Sole Source or Brand Name Under Simplified Procedures for Certain Commercial Items (FAR Subpart 13.5)

U.S. Department of Housing and Urban Development

Office of the Chief Procurement Officer

PART 1 – JUSTIFICATION (to be completed by requesting office)

This acquisition is conducted under the authority of the Simplified Procedures for Certain Commercial Items (section 4202 of the Clinger-Cohen Act of 1996) or the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a) – Sole Source (including brand name) Acquisitions.

Description of services required to meet agency’s needs [describe]: Housing Codes and Public Violation Database Feasibility Assessment - RFQ 86614622Q00007- The Contractor shall provide a complete listing of housing violations, a library of home code violations, and a feasibility framework for creating and maintaining a public-facing housing code violation database.

Total estimated cost of this order [include all costs of the proposed acquisition, e.g., options, systems life costs, etc. ; total will determine the approval level needed]: $515,000.00 Sole Source (see FAR Section 13.501(a))

Consideration for this simplified acquisition under the Simplified Procedures for Certain Commercial Items must be limited to the following source(s) [provide names, addresses and points of contact or attach separate sheet as needed]:

Circumstance justifying acquiring the services using a sole source acquisition (check those that apply):

Only one source is capable of responding due to the unique or specialized nature of the work (see FAR 13.501(a)(2).

This is a follow-contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, and supplies are available only from the original source. It is likely that award to any other source would result in --

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

(B) Unacceptable delays in fulfilling the agency’s requirements.

Attachments [provide the following information]:

Requiring agency;

Nature/Description of action being approved;

Comprehensive description of services required to meet agency’s needs (including the estimated value);

Identification of statutory authority permitting other than full and open competition;

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

Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Section 13.501(a)(1);

Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable;

Description of market research efforts conducted and the results or a statement of the reason market research was not conducted;

Other facts supporting the use of other than full and open competition (and if a follow-on, an estimate of the cost to the government that would be duplicated and how the cost was derived;

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

Statement of actions to remove or overcome any barriers to competition before any subsequent acquisitions.

Other Than Full and Open Competition Based on Brand Name

JAJA No: 22-4242

Housing Codes and Public Violation Database Feasibility Assessment - RFRFQ 86614622Q00007

Sources to be considered for this order should be limited to those offering the following item(s) peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer) [list and describe fully, or attach detailed description of the product or critical characteristics of the product]:

Attachments [provide the following information]:

In addition to the documentation identified for sole source above, attachments for brand name justification must also include:

If brand name, product, or product feature is the basis for the restricted consideration, the program office must describe why it is essential to the Government’s requirements, and demonstrate how the attached market research supports the determination that other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the Department’s need.

A statement of the actions, if any, the Department may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

If the order contains brand name specifications, the requirement has been posted in accordance with FAR Section 13.105(a)(1) unless one of the following exceptions applies (see FAR Section 5.102(a)(6)) [check applicable exception]:

Disclosure would compromise the national security (e.g., would result in disclosure of classified information) or create other security risks. The fact that access to classified matter may be necessary to submit a proposal or perform the contract does not, in itself, justify use of this exception;

The nature of the file (e.g., size, format) does not make it cost-effective or practicable for contracting officers to provide access through the GPE; or

The senior procurement executive has mamade a written determination that access through the GPE is not in the Government’s interest.

Program Office’s Supporting Data

The following information has been provided to support the sole source action or specific brand name, product , or product feature (e.g., verification of the Government's minimum needs or requirements or other rationale for sole sources) [list and describe; attach additional pages if needed] See Atch 1

Program Office Official’s Certification

I certify that the information provided in support of this justification is complete and accurate to the best my knowledge and belief.

Head of Program Office -

Calvin C. Johnson Title/Name of Office:

Deputy Assistant Secretary Office of Research, Evaluation and Monitoring (OREM)

Signature: Date: For additional information contact:

X

PART 2 – CONTRACTING OFFICER’S DETERMINATION AND CERTIFICATION

I hereby determine that:

The sole source action represents the best value to HUD consistent with the requirements of FAR Section 13.501 (price evaluation is attached); and, If a particular brand name, product, or product feature is requested, I hereby determine that it is essential to the Government’s requirements, and as demonstrated by the attached market research, other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the Department’s need.

I certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. In accordance with FAR 13.501, this certification serves as approval of this sole source justification for orders up to $750,000.

Name: Signature: Date:

Cathy Baker X

PART 3 – APPROVALS

Digitally signed by: CALVIN JOHNSON

DN: CN = CALVIN JOHNSON C = US O = U.S. Government

OU = Department of Housing and Urban Development, Policy Development and Research

Date: 2022.08.30 22:42:12 -04'00'

CALVIN JOHNSON

JA No: 22-42

Housing Codes and Public Violation Database Feasibility Assessment - RFQ 86614622Q00007

For orders greater than $750,000 up to the Simplified Procedures for Certain Commercial Items threshold – Competition Advocate

Name Signature Date

Instructions:

PART 1 – to be completed by the requesting office

The office requesting the sole source consideration shall enter all information and provide all supplementary information and attachments.

The head of the office submitting the justification shall complete the certification and sign and date it.

PART 2 – to be completed by the Contracting Officer

The contracting officer shall attach the price evaluation and sign and date the form. If the order is less than $750,000, stop here and place the completed justification in the contract file.

PART 3 – to be completed by the approving official

If the order exceeds $750,000, the contracting officer shall obtain the appropriate higher-level authority’s name, signature, and date and place the completed justification in the order file.

JA No. 22-42

86614622Q00002 – Housing Code Violation Public Data Sharing Feasibility Assessment

RCS-R-2022-00053

JUSTIFICATION

FOR SOLE SOURCE

IAW FAR 13.501(a)

86614622Q00002

Housing Code Violation Public Data Sharing Feasibility Assessment

1. REQUIRING AGENCY: U.S. Department of Housing and Urban Development

Office of the Chief Procurement Officer

307 W. 7th Street, Suite 1000

Fort Worth, TX 76102

PRISM Requisition Number: RCS-R-2022-00053

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED: HUD will award a sole source contract to National Center for Healthy Housing (NHCC), Inc. to provide a standard lexicon of housing code violations and a blueprint for the feasibility of developing a public-use database. This award is issued under Federal Acquisition Regulation (FAR) section

13.501(a)(1)(ii). Due to the unique and highly specialized nature of the requirement, only one source is capable of providing these services at the level of quality required by the government.

Background

The tasks involved in evaluating existing publicly available housing code violation data, assessing the feasibility for digitalization of these data, and developing a strategy(ies) for implementation of “publicly available data on rental property health and safety violations”1 will be undertaken by HUD to inform policy priorities of Congress and the Biden administration.

HUD believes this study will address the FY21 Appropriations Conference Report requiring

HUD to conduct a study on creating a publicly facing available database on home health and safety violations.

Additionally, the congressional directive to HUD is assumed to be related to proposed legislation

– Know Your Home Act. The proposed legislation would require cities and towns receiving

HUD Community Development Block Grant (CDBG) funding to digitize their most recent (e.g., three years) of housing code violations in an easy, accessible manner. The legislation is broadly focused on creating open data on violations of “any Federal, State, or local statutes, codes, ordinances, or regulations relating to the construction, safety, quality, health, or cleanliness of residential structures”. The bill would authorize $150 million to help CDBG grantees digitize and make available online information regarding violations of housing construction, building, and safety codes. The funds would be allocated over a 5-year period.

1 Committee Report for the Consolidated Appropriations Act of 2021, Division L, Explanatory Statement, Research and Technology

The Know Your Home Act preempts any federal, state, or local law requiring the filing of a

Freedom of Information Action (FOIA) request for this information. The intended purpose of the bill is to promote the sharing of information about housing code violations with the public, especially tenants or prospective tenants. The legislation has implications for landlord-tenant relationships that may affect community efforts to keep families in affordable homes that are livable and functionable.

PD&R believes this study will inform communities seeking to establish a public-facing housing code violation database, by providing standardized language for federal and state violations and the exigency for standardized processes that capture and record housing code violations. There is a particular emphasis placed on the need to construct a robust data management system that improve efficiency in reporting processes for inspectors and administrators.

3. DESCRIPTION OF SERVICES REQUIRED TO MEET AGENCY’S NEEDS

(INCLUDING ESTIMATED VALUE):

The purpose of this study is to understand how communities can create and maintain a public facing housing code violation database. This project requires that subject matter experts focus on local and/or state housing code violation systems and their transition to open source data; define housing violations in clear, precise, standardized language; evaluate the feasibility for digitizing housing codes violations; and develop a locally adaptable implementation plan.

The Contractor shall provide a complete listing of housing violations, a library of home code violations, and a feasibility framework for creating and maintaining a public-facing housing code violation database. Additionally, the Contractor shall establish standardized language for housing code violations and reporting processes. The information shall be used to assess the feasibility of developing a public use database and a logic model listing all the, inputs, and outcomes for successful implementation for the database, including a cost estimate for implementation and maintenance.

The goal is to aid state and local communities in digitally transitioning housing code violation records that will also lead to more efficient reporting processes. Ultimately, the objective is to make the information accessible and user-friendly through the creation of online databases.

The government estimates the value of this acquisition to be $515,000 for a 24-month period of performance.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION:

FAR 13.501(a) Simplified Procedures for Certain Commercial Items - 41 U.S.C. 1901- Sole

Source (including brand name) Acquisitions.

5. DEMONSTRATION THAT PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES USE OF

AUTHORITY CITED:

Market research conducted by both PD&R and the contracting office revealed several small and larger businesses with some capacity to complete the work, however, after posting the RFP three times HUD received zero (0) proposals. We have thus determined that National Center for

Healthy Housing (NHCC), has the unique skills required to successfully complete this work.

In addition to the standard project management related tasks the tasks required for the study include:

The requirement involves the following study tasks: (1) conduct project management; (2) coordinate with HUD, (3) develop the study plan; (4) recruit and partner with community housing code-violation stakeholders (5) develop and provide a feasibility assessment for developing a public use database, a logic model listing all the activities, inputs, and outcomes for successful implementation for the database, including a cost estimate for implementation and maintenance (6) communicate findings to HUD in a Final Report which shall include all completed and finalized deliverables for each task described in the Performance Work Statement, incorporates and adequately addresses all HUD comments and feedback, and complies with the Departmental report format and style requirements provided at https://www.huduser.gov/porta l/About/style-guide-for-reports.pdf. (7) prepare and submit data files and documentation to HUD.

Qualified firms, and/or proposed subcontractors, must demonstrate expertise and experience in applied research methods; large data collection and analysis; program evaluation; feasibility assessments; familiarity with housing violation codes and creating long-term databases; expertise in community outreach and recruitment, survey methods (including but not limited to document analysis, interviews, case studies); and excellent oral and written communication skills. In addition, the contractor must also demonstrate expertise community outreach and recruitment, survey methods (including but not limited to document analysis, interviews, case studies). The Contractor must demonstrate excellent oral and written communication skills.

This requirement is a complex research study requiring data collection and analyses from multiple sources, including states and the federal regulations. Furthermore, the Contractor must anticipate long-term implementation of the publicly facing database, and approaches to allow for changes to be implemented. NCHH is distinctly qualified, as stated in our initial market research qualified firms must demonstrate expertise and experience in applied research methods; large data collection and analysis; program evaluation; feasibility assessments; familiarity with housing violation codes and creating long-term databases; expertise in community outreach and recruitment, survey methods (including but not limited to document analysis, interviews, case studies); and excellent oral and written communication skills.

NCHH has successfully completed several high-level complex relevant projects, research designs, and evaluation activities across public health, housing, and environmental sectors with the data, tools, policies, and best practices for improving housing quality in communities. NCHH has an excellent reputation and success record in their past and present research on key aspects of housing-related hazards, illnesses, and injury, including assessment methods, intervention strategies, health outcomes, and economic evaluation to reduce the burden of childhood lead poisoning, asthma, and other housing-related health outcomes.

Specifically, NCHH’s work around its Code Comparison Tool, designed to compare local housing codes against the International Property Maintenance Code and the National Healthy

Housing Standard establish a inimitable expertise and familiarity with housing code enforcement and regulation at many levels of government; federal, state, and local. The standard was released in 2019 and constitutes minimum performance standards for a safe and healthy home. It provides health-based measures to fill gaps where no property maintenance policy exists and also serves as a complement to the International Property Maintenance Code and other housing policies already in use by local and state governments and federal agencies.

In addition, it is a requirement in which the contractor must also demonstrate expertise community outreach and recruitment, survey methods (including but not limited to document analysis, interviews, case studies). NCHH is uniquely capable of working in partnership with federal agencies to support their efforts to improve housing quality and reduce the burden of housing-related illness and injury. This is demonstrated in NCHH’s experience in providing expertise, facilitation, and support to government agencies, legislative bodies, and advocates as they establish policies and procedures to create healthier homes through laws and regulations, for more than a decade.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS 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:

Three Request for Quotes were done with no offerors responding with quotes.

Posting 1 - 06-01-22 - (SIN/NAICS) 541611 Administrative Management and General

Management Consulting Services – Small Business Set Aside

Posting 2 - 06-29-22 - (SIN/NAICS) 541690 Technical Consulting Services – Small Business

Set Aside.

Posting 3 - 07-12-22 (SIN/NAICS) 541690 Technical Consulting Services –

Unrestricted (Emails sent to 138 vendors)

See paragraph 8 for more information.

https://nchh.org/tools-and-data/housing-code-tools/cct/ https://nchh.org/tools-and-data/housing-code-tools/national-healthy-housing-standard/ https://nchh.org/tools-and-data/housing-code-tools/national-healthy-housing-standard/

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The Contracting Officer will ensure that the price received is deemed fair and reasonable in accordance with FAR 13.106-3(a)(2). It is anticipated that the government will receive a fair and reasonable price when compared to the prices offered to the contractor’s commercial and noncommercial customers.

8. DESCRIPTION OF MARKET RESEARCH EFFORTS CONDUCTED AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED:

06-01-22 -The Contracting Officer’s Representative (COR) submitted an initial Market

Research report that provided a list of potential firms that could meet the government requirement under NAICS Code 541611 – Administrative Management and General

Management Consulting and was published as Small Business Set-aside. Market Research identified 5 small businesses had the qualifications required to complete the work; however the

RFQ posted on 06-01-22 was available for all small businesses on under SIN/NAICS) 541611. A

Request for Quote were No offerors submitted quotes. After additional market research and review of the RFP, it was determined that a second request for quote would be necessary.

06-29-22 - The COR submitted an Addendum that contains the results of further market research analysis: The result of additional Market Research activities determined the NAICS Code should be changed to NAICS Code 541690 – Technical Consulting Services. Services because this

NAICS code include providing advice and assistance on technical domains and issues (except those covered by the environmental, energy, and IT consulting SINs on this Schedule). Typical associated tasks include, but are not limited to: strategic planning, feasibility analysis, requirements determination, policy interpretation and support, process analysis and/or development, research studies, testing (other than laboratory testing), program analysis, and associated support tasks. This was also posted as a Small Business Set-aside. Market Research identified 5 small businesses had the qualifications required to complete the work; however the

RFQ posted on 06-01-22 was available for all small businesses on under SIN/NAICS) 541690. A

Request for Quote were No offerors submitted quotes. After additional market research and review of the RFP, it was determined that a third request for quotes would be necessary.

07-12-22 - The COR and CO determined that since there was no responses when the acquisition was set-aside for small businesses only, it was determined that it should be reposted as

Unrestricted under NAICS Code 541690 – Technical Consulting Services. The GSA emails were sent to 138 vendors. No offerors submitted quotes.

08-05-22 – After three competitive acquisition postings with no firms responding, the COR conducted additional market research which concluded with the determination to award a sole source contract to National Center for Healthy Housing (NHCC), Inc. under NAICS code

813319 - Other Social Advocacy Organizations to provide a standard lexicon of housing code violations and a blueprint for the feasibility of developing a public-use database. NCHH has successfully completed several high-level complex relevant projects, research designs, and evaluation activities across public health, housing, and environmental sectors with the data, tools, policies, and best practices for improving housing quality in communities. NCHH has an excellent reputation and success record in their past and present research on key aspects of housing-related hazards, illnesses, and injury, including assessment methods, intervention strategies, health outcomes, and economic evaluation to reduce the burden of childhood lead poisoning, asthma, and other housing-related health outcomes.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION: (i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-

1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

(iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the

Government.

There are no other facts other than the facts stated in paragraphs 5 – 8 above.

10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

Recursion was the only other source that expressed interest in this acquisition.

11. STATEMENT OF ACTIONS TO REMOVE OR OVERCOME ANY BARRIERS TO

COMPETITION BEFORE ANY SUBSEQUENT ACQUISITIONS:

The Office of the Chief Procurement Officer (OCPO) will work closely with PD&R to monitor the commercial market for new sources that become available to provide economic, demographic and housing data subscriptions to databases that contain the most complete data and tools for analyzing the single-family housing market nationwide.

12. CONTRACTING OFFICERS CERTIFICATION:

I certify that the facts contained in this justification are complete and accurate to the best of my knowledge and belief.

Prepared/Approved By:

Cathy J. Baker

Contracting Officer h19627

Cathy Baker