Sole Souce Justification.pdf

U.S. Department of Homeland Security Federal Emergency Management Agency Acquisition Management Division 11224 Holmes Rd, Kansas City MO 64131

Date: August 12, 2022

Justification for Other Than Full and Open Competition

Part I

1. Agency.

DHS/FEMA Region VII Mission Support Information Technology (IT) Branch 11224 Holmes Road, Kansas City, MO 64131

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

Audio-Visual System Design Package to correct issues and improve the system overall.

Avant Acoustics, LLC 14827 W. 95th Street Lenexa, KS 66062

3. Description of the supplies or services required to meet the agency’s need.

This requirement includes the design work necessary to bring rooms FEMA Region VII conference rooms 107A, B, C and 138 up to a standard of care consistent with projects of this type, address previously identified needs of these rooms, and provide some feature enhancements. This includes relocating the AV equipment outside of the existing lecterns.

The requirement also includes design the work necessary to bring the large conference rooms (those with more than a Crestron Mercury) up to a standard of care consistent with similar projects of this type, address previously identified needs of these rooms, and provide some feature enhancements and programming changes. This includes credenza mounted equipment racks on rails, wiring improvements, and control system improvements in each room.

Design work includes, but is not limited to:

a) Demolition/salvage of select existing components for reuse, including reinstallation and reconfiguration in new central/shared location,

b) Upgrade to new signal processing equipment, addition of new equipment racks in a central location, rework of the control systems and any programming changes needed,

c) Upgrade to higher quality wireless microphone systems (17 channels total) including new transmitters, receivers, chargers, and antennas,

d) General rework of cabling, equipment racks, power distribution, as well as updates to signal processing configuration and system tuning,

e) Reconfiguration of control system programming and touchpanel interfaces for user friendliness and cleaner operation, and

f) Additional user requested features and/or capabilities (such as upsizing existing and adding a second display in 258).

4. Estimated value of the acquisition.

The IGCE is less than $25,000.

5. Authority for acquiring the supplies or services on other than a full and open competitive basis. (Check applicable exception and provide a justification to include a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited below the selection.)

[X ] Authority is FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

[ ] Authority is FAR 6.302-2, unusual and compelling urgency.

[ ] Authority is FAR 6.302-5, authorized or required by statute. (Check one.)

□ Qualified Nonprofit Agencies for the Blind or other Severely Disabled— 41 USC 46-48c.

□ Government Printing and Binding—44 USC 501.

□ Sole source award under the 8(a) Program—15 USC 637.

□ Sole source award under the HUBZone Act of 1997—15 USC 657a

□ Sole source award under the Veterans Benefit Act of 2003—15 USC 657f

[ ] Authority is FAR 8.4, brand name specifications or less than three sources are being considered under Federal Supply Schedule.

Justification: In 2017 FEMA contracted with a contractor for the design and installation of the Audio-Visual (AV) equipment and maintenance for the new FEMA building.

FEMA encountered a number of issues with the system after installation and FEMA did not have the expertise with AV equipment to resolve the issues. As a result, FEMA solicited for services to audit the AV system, identify the issues, and provide solutions.

Avant Acoustics was ultimately awarded the contract. In 2019 Avant completed their report. The report included work packages that the contractor documented would resolve a number of issues. FEMA Region VII began requesting funds to have the work packages designed and then installation completed. The design was intended to be completed by Avant Acoustics and the installation work performed by a separate contractor. It was not until August of 2022 that funds were finally identified to proceed with this work.

Unfortunately, Avant Acoustics contract had expired.

The contract for the audit was approximately $40,000. The contractor spent a significant amount of time working through the building documenting the system and locating the issues. The results were documented in an audit report.

Through the audit process Avant Acoustics gained a significant amount of knowledge of the system from evaluating the system and from conversations with the FEMA staff.

While the audit report was extremely well done it does not capture the breadth of the contractors knowledge or the specific details referenced in the proposed work packages.

When FEMA contracted for the initial AV system the contractor was hired to do both the design and installation. FEMA did not have the technical knowledge to know if what the contractor was designing and installing would meet the need. As a result FEMA paid over a million dollars for a system littered with issues. Not only were there issues with the overall system, but there were a number of challenges during the installation which caused additional costs. Rather than taking the same approach FEMA made the decision to utilize separate contractors – one for design and one for installation. FEMA was not seeking a contractor for the design piece who also did installation work, because it became clear through market research that the design contractors did not want to focus solely on their requirement, but they also wanted to get overly involved in the installation contractors work. A contractor experienced in both, wanted to be involved in both. So, FEMA made the decision to seek out a contractor who was focused on design only.

Through both market research and the solicitation for the audit requirement, only one true design contractor was interested in the work. A number of contractors submitted proposals, but only one had a primary focus of design work. This provided FEMA with a check and balance for the AV work.

Once FEMA encountered the issues with the AV system, FEMA made the decision to proceed with separate contractors for design and installation to ensure there was a technical level of oversight. Unfortunately, Avant Acoustics contract expired before FEMA secured funding to design the work packages. However, due to Avant Acoustics knowledge of the system and the funds FEMA has spent for Avant to gain that knowledge it would be in FEMA’s best interest to contract with Avant for the AV design work. Procuring these services from another contractor would cost the government in additional time and money for the new contractor could get up to speed on the system, the issues, and the solutions.

6. Additional supporting facts for the acquisition:

a. If only one source is the basis for the J&A, explain why technical data packages, statements of work or purchase descriptions suitable to maximize competition to the maximum extent practicable have not been developed or are not available.

See Item 5 above.

b. If the proposed acquisition is a follow on acquisition, an estimate of the cost to the government that would be duplicated by awarding to a different contractor and how that estimate was derived.

This is follow-on acquisition. If FEMA competed this requirement the procurement approach would be best value to ensure the contractor who is selected is the best technically qualified contractor. The best value approach is a time consuming approach and is anticipated to add approximately 60 days to the procurement time. This allows for contractors to have time to visit the site and prepare their proposal. In addition, FEMA will need additional time to review proposals and potentially negotiate with one or more contractors. The FEMA resources involved in this procurement approach include approximately three government employees all at or above a GS12 level. The FEMA administration costs for this procurement approach would be several thousand dollars.

While costs to compete this requirement are part of the decision making process, the knowledge and experience of the contractor with the current AV system is the overwhelming factor as to why this requirement needs to be a sole source.

c. If the new work is a logical follow-on to an original Federal Supply Schedule order was the original order placed in accordance with the applicable Federal Supply Schedule ordering procedures? (Note: The original order must not have been previously issued under sole source or limited source procedures.) N/A

d. If the basis of a sole source is unusual and compelling urgency, furnish data, estimated cost or other rationale as to the extent of harm to the government if competition were obtained. N/A

7. Actions taken to removal of barriers to competition.

FEMA conducted market research which assisted in determining the best approach.

PART II

1. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable and listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

This sole source justification will be posted to SAM.gov as required by FAR.

2. Market Research.

FEMA analyzed both SAM.gov and GSA e-Library to determine which contractors may be able to meet the need.

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

I have determined that the anticipated price(s) will be fair and reasonable based on the following: 1) Independent Government Cost Estimate, and 2) Historical Pricing.

Based on the estimated acquisition value identified above, I concur with and approve the above justification:

Contracting Officer Signature Date