Tab 4d_JOFOC Emergency Preparation Recovery and Restoration Efforts.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION PURCHASE

OF SUPPLIES, SERVICES, AND/OR CONSTRUCTION TO SUPPORT EMERGENCY

PREPARATION, RECOVERY AND RESTORATION EFFORTS

January 4th/5th Northern California Atmospheric

River/”Bomb Cyclone”

Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by

Federal Acquisition Regulation (FAR) Subpart 6.3, Homeland Security Acquisition Manual

(HSAM) Subchapter 3006.3, Coast Guard Acquisition Procedures (CGAP) Subchapter 3006.3, and in accordance with requirements of FAR 6.302, the justification for the use of the statutory authorities 10 U.S.C. § 3204(a)(2), Unusual and Compelling Urgency, and 42 U.S.C. § 5150, The

Robert T. Stafford Disaster Relief and Emergency Assistance Act, is supported by the following facts and rationale required under FAR 6.303-2 as follows:

(1) Identification of the agency and the contracting activity. The Department of

Homeland Security, United States Coast Guard, John H. Caicedo, CWO4, SFCO.

(2) Nature and/or description of the action being approved. – This action approves procurements conducted on a basis of other than full and open competition in response to emergency situations resulting from the anticipation and/or aftermath of the

California atmospheric river/”bomb cyclone” that impacted the area from January 4th until January 5th, 2023. Such emergency is of an unusual and compelling urgency that the Government and general public at large could be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. In accordance with The Stafford Disaster Relief and Emergency Assistance

Act, the Contracting Officer may set aside solicitations to allow only local firms within

Sonoma County, California to compete even though a separate justification or determination and findings is not required. The contract period of performance shall be limited to the minimum period necessary from January 6th, 2023 and shall not exceed

60 days unless exceptional circumstances apply and a justification is approved by the

Head of the Contracting Activity.

(3) Description of the supplies or services required to meet the agency’s needs (including the estimated value). - This approval is for the emergency acquisition of services, including construction and mortuary assistance, in response to tasks or operations necessary to assist in the preparation, disaster relief, recovery and restoration efforts in

Sonoma County, Northern California which officially, resulted in significant property damage to TRACEN Petaluma and possess a significant risk to government property, but more importantly, human life if not addressed prior to the next expected extreme weather event. The next atmospheric river is forecasted to produce up to four more inches of rain, on an already saturated ground and increases the risk of trees falling on government owned building, including family residential homes with current occupants.

United States Coast Guard District 11 has issued an emergency evacuation order as a result of the damage that was sustained to the Training Center and the potential impact that the next storm will have on the already damaged property. Due to the unusual circumstances that may arise and the potential unknowns regarding recovery or restoration operations, the total value of this justification is set at an estimate of $92,000.

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

10 U.S.C. § 3204(a)(2) – Unusual and Compelling Urgency to facilitate the response to or recovery from a natural disaster. 42 U.S.C. § 5150 – The Robert T. Stafford Disaster

Relief and Emergency Assistance Act.

(5) Demonstration that the nature of the acquisition requires use of the authorities cited. As a result of the lessons learned from Hurricane Katrina, such volatile requirements are extremely time critical, and if not addressed immediately, could seriously cause both financial and personnel injury. Early preparation and rapid response are necessary to mitigate risk to agency operations in the affected geographic area and to the local citizens.

(6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. – The applicable exception to disseminating a notice is FAR 5.202(a) (2), however, the procuring office is still required to request offers from as many potential sources as is practicable under the circumstances. While the Contracting Officer may be able to obtain competition based on price and promptness in responding to the immediate emergency, public notification in Contract

Opportunities is not practicable. As per FAR Part 5.202(a)(2) the proposed contract action is made under the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

Due to the significant risk to government property and human life, it is not feasible to obtain three quotes for this emergency work. There is only a 36-hour period of forecasted stable weather before the next four to eight inches of rain are expected to fall in Sonoma County.

Determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable. – The anticipated costs to the Government will be determined fair and reasonable based on the professional expertise of TRACEN

Petaluma Facility Mangers LCDR R. Franklin and CWO Josh Mathis along with historical information.

(7) Description of the market research. –There has been little market research due to the emergency nature of these recovery/preventative efforts. Due to the severity of impact as a result of the extreme storm, tree experts have been called in to assist multiple agencies and counties within Sonoma and Marin County, reducing the number of available vendors that are able to perform the work that is needed in a short window to prevent further damage to government property and human life. Davey Tree Experts are able to commence work on the morning of January 6th and they are able to remove the most hazardous trees without having to subcontract the award out and before the next forecasted events, on Saturday January 7th and Sunday, January 8th. The unit has provided prevailing wages information to the vendor to ensure the vendor is not overestimating the quote that has been provided.

Also, there is a significant amount of labor needed to complete this work, due to the fact that there has been a significant amount of rainfall, preventing the vendor from utilizing vehicles on any surface except pavement. The majority of the trees needing to be removed are far from paved roads and will require personnel to climb the trees to safely remove the effected limbs.

(8) Any other facts supporting the use of other than full and open competition, i.e., proprietary data packages, etc. – The actual extent and nature of harm to the Government and general public cannot be determined in advance of this justification but is estimated to be serious if immediate actions are not conducted.

(10) Listing of the sources, if any that expressed in writing an interest in the acquisition. – None. Due to the widespread effects of this storm, there are multiple agencies and local governments attempting to clean up before the next forecasted storm is expected to affect the local region. It is not possible to expect multiple vendors to be available to provide a quote in a timely manner and complete the required work in a justifiable time period.

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required – Advance planning is paramount in promoting and maximizing competition. With the exception of earthquakes and tornadoes, most natural disasters are predictable through weather trends and analysis. Therefore, given the history of certain regions, Contracting Officers are encouraged in advance to establish competitive agreements and contracts with vendors for known disaster recovery supplies and services.

(12) 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.

(13) Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data which forms a basis for the justification, is complete and accurate.

LT John R. Fullwood

Deputy Comptroller Date

CWO4 John Caicedo, SFCO Date

Contracting Officer