JA Urgent and Compelling CLU FINAL.pdf

J&A: Other than Full and Open Competition

Justification &Approval (J&A) Justification For Other Than Full And Open Competition

41 U.S.C. 3304(a)(2)

J&A Control No.: 21-107

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, the 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 Federal Emergency Management Agency (FEMA), Office of Chief Component Procurement Officer (OCCPO) proposes to enter into a contract with Cotton Logistics, on a basis other than full and open competition, under FAR 6.302-2: “Unusual and compelling urgency”, in support of FEMA’s Office of the Chief Administrative Officer (OCAO).

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

This Justification & Approval (J&A) provides the rationale supporting a sole source contract action to Cotton Logistics to transport Containerized Lodging Units (CLUs) from Selma, AL to a location to be determined by FEMA in Seguin, TX or Baton Rouge, LA, set-up the CLUs to create responder lodging camps site, and provide the necessary wrap around, operational, and site management services in response to Hurricane Ida. These services are essential to timely and effectively respond to the urgent request to immediately support and aid disaster survivors.

(a) Nature of Action: FEMA intends to Award a Sole Source Contract not to exceed One- Hundred fifty (150) days

(b) Name and Address of Contractor: Cotton Logistics, Inc., 5443 Katy Hockley Cutoff Road, Katy, Texas 77493.

(c) Contract Type: Firm Fixed Price

(d) Estimated Total Value (including Options) Period of Performance: One 30-day base period & three (3) 30-day option periods. Amount: The estimated value is $21,865,386.00 based on market research used in compiling the Independent Government Cost Estimate (IGCE).

Period Unit Price Total

Base Period 30 day $5,663,671.50 $5,663,671.50 Option 1 30 day $5,400,571.50 $5,400,571.50 Option 2 30 day $5,400,571.50 $5,400,571.50 Option 3 30 day $5,400,571.50 $5,400,571.50

Total $21,865,386.00

(e) Type of funding: Disaster Relief Fund

(f) Year of funding: FY2021

(g) Solicitation number: 70FB8021R00000037

(h) Background Information about the requirement

3. Description of Supplies/Services.

FEMA requires logistical support services to facilitate the transportation and set up of 60 (300 beds) FEMA owned CLUs to establish a responder lodging camp within a 50-mile radius of Seguin, TX or Baton Rouge, LA. The camps shall include wrap-around, operational, and site management support services. The site shall be demobilized and remediated upon the end of the period of performance.

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)(2) pursuant to FAR 6.302-2, Unusual and Compelling Urgency in response to a rapid growing national emergency and potential national natural disaster. The length of this J&A will be for 150 days in accordance with HSAR 3006.302-270(d)(1)(iii)) and the DHS J&A Guide.

5. Identification of Exception to the Buy American Statute

N/A

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

FEMA-3568-EM-LA has been declared for the State of Louisiana. This Declaration authorizes FEMA to take emergency measures to save lives and protect property and public safety or to lessen or avert the threat of a catastrophe in the designated areas anticipated to be affected by the impending Hurricane Ida. An urgent and compelling need exists to transport CLUs, set-up and operationalize with the associated wrap-around services in order to expeditiously establish a responder camp site to support the survivors and affected state. To meet this urgency, the camp site needs to be in place and operational no later than 60 hours after contract award. FEMA intends to meet this obligation by rapidly establishing a responder campsite in designated location where it will be conducive to support survivors in accordance with CDC and state guidelines to protect the community from the Novel Coronavirus (COVID-19).

The urgency is not a result of poor planning. There was no way for the program office to be aware of this situation more than a few days in advance of the need for deployment. Cotton

Logistics is the only contractor who has familiarity with managing and maintaining units of this complexity, size and function for FEMA. See Section 9 for a full description of their capabilities and harm that would be incurred if a contract is not awarded immediately.

7. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

FEMA intends to make this justification publicly available pursuant to FAR 6.305 on SAM.gov.

FAR 6.305(b) requires that J&As for contracts awarded under the authority at FAR 6.302-2 be posted to the GPE at www.SAM.gov within 30 days after contract award.

8. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will use appropriate and available information and acquisition history to review proposed prices and determine that they are fair and reasonable, and such documentation shall be included in the contract file.

9. Description of market research.

FEMA conducted market research for existing Responder Support Camp (RSC) IDIQs, DHS Strategic Sourcing Vehicles – Temporary Facility Support Services and acquisition history for vendor capabilities. FEMA found Contractors that can perform similar services to meet the requirements in the Performance Work Statement. However, FEMA determined that these sources are unable to meet this urgent requirement. In the 2020 hurricane season FEMA utilized and alternate contractor under the RSC IDIQ. The contractor failed to meet all mobilization and demobilization timelines. The contractors did not have the right equipment to handle the CLUs due to the size, weight and dimensions. Since the emergency declaration, heavy haul power units have been in high demand and availability has been reduced. We have confirmed with Cotton Logistics that they are positioned to meet FEMA’s immediate need and have the resources in place to begin executing requirements upon contract award. Based on the critical and urgent need to transport, set-up and manage these CLUs, to lessen the threat and reduce risk in timely operations of the responder camp, FEMA is proposing to enter into a sole source contract with a vendor, Cotton Logistics, who has successfully demonstrated the capability and resources to meet the required urgent services.

Due to the urgency with the impending impact of Hurricane Ida, the vendor’s experience in transporting specialized equipment of a large size and weight within a rapid timeframe and completion of camp site setup is critical. Cotton Logistics is the only contractor who has familiarity with managing and maintaining units of this complexity, size and function for FEMA.

FEMA has not worked with any other company since first utilizing the CLUs. Based on the known relevant experience and capability of the contractor, FEMA is confident an award can be made in a timely manner to establish the required responder camp site. The contractor is capable and maintains a readiness to rapidly respond and provide the required services within 60 hours after award as required due to the urgency.

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

FEMA procured the CLUs from Cotton Logistics under a previous contract. Therefore, they have the most familiarity with the transport, management, maintenance, and demobilization of these units. They also have the equipment necessary to transport the CLUs, which other contractors do not have due to the CLU size, weight, and dimensions. As FEMA already owns these units, they cannot be modified to allow additional contractors the ability to compete.

Furthermore, Cotton Logistics can begin work immediately without need to transition that could negatively impacting the mission.

11. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

None

12. 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.

This current requirement is a one-time contract action to meet the urgent need to respond to the impending Hurricane Ida. There is currently a solicitation posted to SAM.gov with a closing date of September 10, 2021 for this work. The result of this competitively awarded solicitation will be a new contract with a one-year base and four one-year option periods to cover any future need to transport, operate, and demobilize these CLUs. Should the present need extend beyond the initial period, the work will be transition to the awardee of the competitively awarded contract.

13. 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.

Contracting Officer

14. 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.

Technical Representative

SHERWIN C

TURNER

Digitally signed by SHERWIN C

TURNER

Date: 2021.09.14 11:17:30 -07'00'

TAWANDA F

BOOKER

Digitally signed by TAWANDA

F BOOKER

Date: 2021.09.14 14:17:21 -05'00'

APPROVAL:

Contracting Officer

Note: The Contracting Officer is the final approving official when the action does not exceed $750K and must also sign the justification when the contract is awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.

Procuring Activity Advocate for Competition

Note: The Procuring Activity Advocate for Competition (PAAC) is the final approving official when the action exceeds $750K but is less than or equal to $15M and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest, regardless of dollar amount. Approval by the PAAC is not required if the J&A is reviewed and approved by an official designated by the Component who meets either of the criteria at FAR 6.304(a)(3)(i) or (ii). However, this exception does not apply to justifications citing FAR 6.302-7 and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 Unusual and Compelling Urgency as the authority.

Head of Contracting Activity

Note: The HCA is the approving official when the action exceeds $15M but is less than or equal to $75M (not exceeding $100M for DoD, NASA, and the USCG) and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest, regardless of dollar amount. The HCA is not required to approve the justification if the Component PAAC meets either of the criteria at FAR 6.304(a)(3)(i) or (ii). However, this exception does not apply to justifications citing FAR 6.302-7 and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 Unusual and Compelling Urgency as the authority.

SHERWIN C TURNER

Digitally signed by SHERWIN C

TURNER

Date: 2021.09.14 11:18:29 -07'00'

Digitally signed by TYUANA L

BAILEY

Date: 2021.09.16 16:00:53 -04'00'

09/17/2021