1.5.1 Justification for Other than Full and Open Competition Redacted.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Office of the Chief Procurement Officer Version 3.5

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 3204(a)(7) or 41 U.S.C. 3304(a)(7))

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:

Agency and Contracting Activity. The Department of Homeland Security, Office of Procurement Operations, proposes to enter into an emergency purchase order on a basis other than full and open competition.

Nature and/or Description of the Action being Approved.

FEMA Region VI intends to procure facility maintenance services on a sole source basis from Native Energy & Technology, Inc., located at 12793 Cogburn Avenue, San Antonio, Texas 78249. This firm-fixed-price emergency purchase order covers maintenance services at the FEMA Denton Campus, including the Federal Regional Center (FRC), Vehicle Storage Administration Buildings (VSAB) 1 and 2, Petroleum, Oil, and Lubricant (POL) Building, and other structures on the 20-acre campus located at 800 North Loop 288, Denton, Texas 76209.

The purchase order has an estimated total value of $ . 0 for a 30-day period of performance. The purchase order will be funded using Operations and Support funds for Fiscal Year 2025.

Facility maintenance services were previously awarded under a General Services Administration (GSA) task order. The expiration of the previous task order on June 29, 2025, created an urgent gap in services. Immediate action is required to ensure operational continuity and compliance with regulatory standards.

Description of Supplies/Services.

The contractor shall provide all management, labor, personnel, materials, tools, and equipment to perform facility maintenance services at the FEMA Denton Campus buildings.

Services include maintenance of HVAC systems, plumbing, electrical systems, groundskeeping, emergency repairs, and adherence to operational protocols outlined in the Statement of Work (SOW).

The purpose of this acquisition is to ensure the continued operation and maintenance of FEMA facilities critical to disaster response and steady-state operations. These facilities house critical steady-state operations, including FEMA Region VI administrative functions, logistics coordination, and disaster preparedness activities. Any disruption to facility

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition maintenance would severely impact FEMA’s ability to support both ongoing administrative functions and disaster response efforts.

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), implemented by FAR Subpart 6.302-2, “Unusual and Compelling Urgency.”

This authority is cited because the requirement facilitates the response to an urgent operational need to maintain facility operations at FEMA facilities supporting disaster relief efforts and steady-state operations.

5. Identification of Exception to the Buy American Statute

The exception to the Buy American statute permitting the purchase of articles that are not domestic end products is FAR 25.103(b)(2) Nonavailability.

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

The authority under FAR 6.302-2 is cited due to the unusual and compelling urgency of the requirement for facility maintenance services at the FEMA Denton Campus. The expiration of the previous GSA task order created an urgent gap in services, and immediate action is required to maintain operational continuity.

The Denton Campus is critical to disaster response operations, and disruptions in facility maintenance pose immediate risks to health, safety, and operational readiness. Additionally, the campus supports steady-state operations, including FEMA Region VI administrative functions, logistics coordination, and disaster preparedness activities. These steady-state functions are essential to FEMA’s ability to plan for and respond to disasters effectively.

Native Energy & Technology, Inc. is uniquely qualified to meet this urgent requirement due to its ability to mobilize within 24 hours, familiarity with FEMA Region VI facilities, proven capability to meet maintenance standards, and operational readiness with a full staff prepared for emergency response services.

Failure to approve this J&A will result in immediate harm to FEMA’s mission. Disruptions in facility maintenance will jeopardize personnel safety, violate regulatory requirements, and negatively impact disaster survivors who rely on support from Region VI. Furthermore, steady-state operations housed at these facilities would be severely disrupted, compromising FEMA’s ability to maintain readiness and coordination for disaster response efforts.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. A sources sought notice was not issued due to the urgent nature of the requirement. The immediate need for facility maintenance services precludes the ability to conduct a competitive procurement.

Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price of $ fair and reasonable based on prior acquisition history for similar services, the contractor’s pricing proposal, and its comparison to the Independent Government Cost Estimate (IGCE) of $99,610.30.

Market research was conducted to identify contractors capable of providing facility maintenance services within the required timeframe. Native Energy & Technology, Inc., the incumbent contractor, was the only vendor identified with the capability to mobilize within 24 hours and meet the maintenance standards required under the SOW. Their prior experience and familiarity with FEMA Region VI facilities further ensure seamless integration of services and continuity of operations.

Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The FEMA Denton Campus is critical to disaster response operations, and unsafe conditions pose immediate risks to personnel and infrastructure. Failure to acquire facility maintenance services in a timely manner would severely impact FEMA’s ability to operate effectively during disaster relief efforts. Additionally, steady-state operations housed at these facilities would be severely disrupted, compromising FEMA’s ability to maintain readiness and coordination for disaster response efforts.

A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition. No other sources expressed interest in writing due to the urgent nature of the requirement.

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.

FEMA will conduct a competitive procurement for facility maintenance services to ensure maximum competition for future requirements.

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