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

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 Local

Recovery Efforts in the State of California. 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 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 17 Jan 2023 thru 20 Jan 2023, and shall not exceed 150 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 supplies and/or 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 was officially declared a major emergency area by the President. 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 $99,500.

(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. Six local contractors were contacted but, due to high demand volume, only Hamilton Tree Service, INC. responded. The contractor provided a written quote and is able to begin work upon receipt of award.

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 the

Contracting Officer and technical support (when available), and on historical information.

(7) Description of the market research. – Six local contractors were contacted but, due to high demand volume, only Hamilton Tree Service, INC. responded. 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. Hamilton

Tree Service, INC was the only vendor that provided a written quote and is able to begin work upon receipt of award.

(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. 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.

(11) 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.

Date Joshua L. Mathis, CWO-2

Maintenance Branch Chief

Facilities Engineering ivision

John H. Caicedo, CWO4 Date

Senior Field Contracting Officer