1.5.1 P00001 JEFO 70FBR624F00000088-P00001 FAR Part 16.5_JEFO number 24-244_signed.pdf

Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: -

Date: July 18, 2024 PR Number: N/A

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security, Federal Emergency Management Agency (FEMA), Office of the Component Chief Procurement Office (OCCPO), prepared this justification for an exception to fair opportunity.

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

FEMA intends to award a task order modification without considering other awardees under contract number 70FB8023D00000007/70FBR624F00000088 pursuant to FAR 16.505(b)(2)(ii)(B).

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

On June 20, 2024, President Joseph R Biden, Jr. declared that a major disaster exists in the State of New Mexico (DR-4795-NM) and ordered Federal aid to supplement state and local recovery efforts in the areas affected by the South Fork and Salt Fires beginning on June 17, 2024, and continuing. As a result of this declaration, FEMA provided responder lodging and temporary support facilities services to aid first responders in New Mexico with the recovery effort. The contractor’s primary responsibility was to provide mobilization and set up of responder sheltering units, creating responder lodging facilities for 700 occupants. The Contractor transported the responder sheltering units (RSUs) to FEMA designated locations. The services included wrap-around, operational, and site management support. FEMA required the Contractor to establish six separate sites. The configuration of the sites was one 300-person site, two 50-person sites, and three 100-person sites. The sites will be demobilized and remediated at the end of the task order period of performance.

After award of the initial task order on June 25, 2024, the program office identified additional required services because of the on the ground operational conditions. The additional services needed are American with Disabilities Act (ADA) compliant RSUs, an evacuation unit to house responders during severe weather threats, communal kitchen areas, nurse working stations, stairs and decking for the RSUs, and hospitality support equipment. Currently, there are responders with ADA requirements that the camp does not meet in its current configuration. Additionally, there are other FEMA personnel that have reasonable accommodations that require the need to cook their own meals. The responders in need of the ADA units currently drive three hours each way for lodging that can accommodate their ADA compliant needs. At the time of the initial

JEFO > SAT

JEFO No. -award of the task order, industry did not have ADA compliant RSUs available. During the days after initial award, the program office learned there were ADA RSUs released on the commercial market. Therefore, a modification to the task order to add these services, was necessary.

The current awardee (Cotton Commercial USA, Inc.) was solicited with a revised performance work statement that details the specific requirements for the modification. FEMA negotiated the terms of the modification under a justification for an exception to fair opportunity. The total value of the modification is $8,742,515.33.

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

____X_____FAR 16.505(b)(2)(i)(A). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

_________FAR 16.505(b)(2)(i)(B). Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. [The justification must demonstrate that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited].

_________FAR 16.505(b)(2)(i)(C). The order must be issue on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. [For logical follow-on, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value)]:

_________FAR 16.505(b)(2)(i)(D). It is necessary to place an order to satisfy a minimum guarantee.

_________FAR 16.505(b)(2)(i)(E). For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

Rationale: Without immediate award of the modification, responders needing ADA compliant shelters will be relegated to traveling long and unsafe distances for lodging and meals. There will also be a risk of food depravation and health issues due to a lack of access to facilities to prepare safe and healthy meals. Exposure to these potentially fatal circumstances will increase the responders’ risk to car accidents and medical emergencies that could cause death. Therefore, FEMA must establish contracted services for unique solutions that enable suitable and sustainable living quarters. Delaying award of this task order modification by providing a fair opportunity to other contractors that could provide these type services, will substantially increase the risk to human, health, life, and safety for first responders. The delay created by conducting a competition would negatively impact first responders ability to provide immediate support to the disaster survivors.

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

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on the program office developed IGCE valued at $11,496,901.54. The assumptions used in the government estimate were based on historical pricing from previously awarded orders for services similar to those in this mod and market research for items not previously priced on the IDIQ like clothes hangers, clothing steamer, irons, and ironing boards. Extensive market research was also done for the off-schedule structures for evacuation units, communal kitchen units, and ground level offices for nurse stations. The IGCE estimated pricing for the base period of performance of 90-days for the in-service base camps with a quantity of 300 beds at one and 100 beds at the other. The IGCE also accounted for all option periods for the base period requirements and optional periods for two 100-bed sites at to be determined locations.

6. Any other facts supporting the justification.

During award of the base task order, the contracting office solicited six FEMA IDIQ contract holders that provide temporary support facilities and wrap around services. Only one of the six contractors submitted a proposal in response to the request for proposal. The other five contract holders no bid the requirement siting varying reasons. Therefore, there was no logical expectation that any of the contractors that no bid the initial requirement, would potentially propose on a modification to that requirement.

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 the supplies or services is made.

To overcome barriers that could led to the exception to fair opportunity on future acquisitions for the services, FEMA’s contracting officer will implore the program office to include a complete list of required services at the beginning of the acquisition process and issuance of a request for proposals.

8. FEMA intends to post this justification on SAM.gov pursuant to FAR 16.505(b)(2)(ii)(D).

9. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

The Responder Support Branch (RSB) required a modification to incorporate nurse working areas, decking, ADA RSUs, hair dryers, ironing boards & irons, clothing steamers, clothes hangers, an emergency evacuation unit, and a communal kitchen area. The items were identified as new requirements after the base award due to a number of real-time factors impacting mission performance. Clothing steamers, ironing boards & irons, and hair dryers were required at quantities of 2 each per 100 beds, to be available upon request of occupants. These items are available to responders in a standard hotel, and were added to align the RSU site with hotel accommodations. The communal kitchen area was added to enhance the experience for the responders in the field. Typically, lodging village sites have restaurants and/or grocery stores in the surrounding area, allowing responders the option to purchase meals from the dining facility, or from restaurants/grocery stores in the surrounding area. However, the Yellow Site in Roswell, NM had limited access to restaurant or grocery store amenities in the surrounding area. After the base award, leadership discussions identified the community kitchens as a solution to address this site deficiency. The original base award did not include ADA RSUs because pre-award market research results indicated that these facilities were not available in the industry. However, post award, RSB Leadership learned factory manufactured ADA RSUs completed construction and could be made available for use at the FEMA site. ADA RSUs are a required solution to ensure the lodging site is accessible. After the base contract was award, the emergency evacuation unit was identified by FEMA Safety as a new requirement. The Yellow Site had no structure for personnel to congregate in an emergency evacuation scenario which increased the risk of injury or death for FEMA and other government personnel in the event of violent weather. Based on the details above, the RSB initiated the modification requirements for the necessary support services and items that directly supported mission requirements.

10. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Representative/COR Date

11. Contracting Officer Certification and Approval *

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Date

Date

CORY L CUMMINGS Digitally signed by CORY L CUMMINGS Date: 2024.07.18 09:39:34 -04'00'

SHERWIN C Digitally signed by SHERWIN C TURNER TURNER____________________________________Date: 2024.07.18 08:59:17 -07'00'

Contracting Officer

12. Approval.

Over $750,000 but not exceeding $15 million Component Competition Advocate