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Contract Opportunity

Sole Source Justification (SSJ)

Test Program for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $150,000) pursuant to FAR Subpart 13.5, including Brand Name

1. Agency.

Pursuant to the requirements under the authority of the test program for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special Emergency Authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2. Disaster# DR4697MS

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

Effects of severe storms, straight line winds and tornadoes impacted the State of Mississippi causing widespread damage throughout large portions of the State. On March 26, 2023, the President signed a disaster declaration for the State of Mississippi authorizing FEMA assistance, including direct housing services, to impacted counties. All direct housing options are authorized under Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended (Stafford Act) to include leasing commercial pad sites for travel trailer, mobile and manufactured homes.

a. Type of action: Pad Lease at commercial park; Firm Fixed-Price Contract

b. Amount: Not-To-Exceed a total estimated amount of $79,200.00

c. Type of funding: Disaster Relief Fund

d. Proposed Contractor: PULLEN LAKE PROPERTIES

606 Pullen Lake Road

Aberdeen, MS 39730

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288, as amended (the "Stafford Act"), codified at 42 U.S.C. 5121 et seq., authorizes FEMA to provide Manufactured Housing Units (MHU), Recreation Vehicles (RV) acquired by purchase or lease, directly to individuals or households, who, as a result of a major disaster, lack available housing resources and would be unable to make use of financial assistance. Moreover, direct assistance may be provided for a period of up to 18 months from the date of a Presidentially declared major disaster. The contract covered under this SSJ will be for the rental of pad sites at a commercial mobile home parks and campgrounds located in the declared counties which are required for the installation of MHUs and RVs. The total value of this contract is estimated not to exceed $79,200.00. In addition to the monthly rental of the pad sites (including utilities), the price of the contract may include expanding and improving commercial sites such as upgrading utility services, debris removal to develop usable pad sites for MHU placement. The period of performance for each contract will be for a base period of six (6) months with two (2), six (6)-month options, for a total of 18 months.

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

This action is being taken under the authority of the Test Program for Commercial Items, 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1), implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This authority applies because the availability for the services required can only be obtained from a limited number of responsible sources based on each survivor’s home geographical location and within a reasonable 50 miles radius of their home. As a result, no other services would satisfy the survivor’s need other than the ones within the designated radius. To have full and open competition for each survivor would be extremely costly in terms of administration and also ineffective in terms of timely delivery to the survivors.

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

a. As a result of the Mississippi tornadoes, hundreds of displaced survivors are awaiting timely housing assistance and it is necessary to approve and execute this SSJ to continue supporting the response and recovery efforts as a result of the disaster. The Governor requested and received a direct housing program assistance under the Housing Assistance Provision of the Individuals and Households Program (42 U.S.C 5174 (c)(1)(B)), FEMA DR-4697-MS on March 26, 2023. Without this SSJ, FEMA would not be able to provide immediate emergency temporary housing needs to disaster survivors. Based upon the damage resulting from the incident, the declaration authorized FEMA to provide financial assistance and direct services, under Section 408 of the Stafford Act, to individuals and households “who, as a direct result of a major disaster, have necessary expenses and serious needs in which the individuals and households are unable to meet such expenses, or needs through other means.”

b. Why considered alternatives will not work? In accordance with FEMA Recovery Standard Operating Procedures (SOP), the requirement for survivor wrap around services is the primary limiting factor. The Mobile Home Park requirement is not a service that is based on competition, but rather it is based upon the reasonable commuting distance of 50 miles geographical location with respect to each survivor's damaged home. Wrap around services, which takes into consideration the survivors’ proximity to home, school, shopping, hospital, etc. is based on twice the commuting distance within the affected areas in accordance with the census data and identified available feasible pads for lease in the disaster declared area.

c. Explain the impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided? Hundreds of displaced survivors would not receive timely housing assistance and it is necessary to approve and execute this J&A to continue supporting the response and recovery efforts as a result of the disaster. Additionally, without this J&A, FEMA would not be able to continue providing immediate emergency temporary housing needs to disaster survivors.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The Contracting Officer will not post a Sources Sought notification on beta.SAM.gov due to the efforts

of the FEMA disaster assessment team which is responsible for working with the State's housing department to locate all commercial mobile home parks and campgrounds in the declared counties within the geographical location with respect to each survivor's damaged home. However, a SAM.gov notice will be publicized, as required by FAR Subpart 5.102(a)(6) and 5.2. Additionally, based upon the large number of MHU and RV pads required by FEMA, it is estimated that all the sites determined feasible will be utilized. Therefore, each will be negotiated on a sole source basis based upon identification of survivor need.

7. 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 market research, current price lists, and comparison with similar items. Fair Market Rent (FMR) is defined by the Department of Housing and Urban Development (HUD) and are primarily used to determine payment standard amount for various housing assistance programs. FMRs are gross rent estimates that include the cost of rent plus all tenant-paid utilities, except telephones, cable or satellite television service, and internet service. HUD uses the most accurate and current data available to develop the FMR estimates every fiscal year. FMRs are intended to be housing market-wide rent estimates that provide housing opportunities throughout the geographic area in which rental units are in direct competition. HUD publishes FMRs in the Federal Register, first as proposed estimates for public comment and then for final effect. The purpose of the public comments process is to identify areas where local government officials or residents believe the FMRs are too high or too low. All pad lease payments must be in line with the FMR for that specific county.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted.

Marketing Research was conducted for Sharkey, Montgomery, Monroe, Panola, Carroll, and Humphrey Counties to identify potential recreational parks, mobile home parks, campgrounds within a 50-mile radius of displaced survivors. FEMA’s Disaster Housing Integrated Team (DHIT) is responsible for working with the State's housing department to locate all commercial mobile home parks and campgrounds in the declared counties. The team then visit each site to perform feasibility assessments to determine if FEMA RV/MHUs can be placed on site. When considering the placement of RV/MHUs, FEMA must follow the abbreviated eight-step decision process for sites as outlined in 44 CFR Section 9.13, which states that no mobile home may be placed on a floodplain. Close coordination with the Environmental Planning and Historic Preservation Program and Hazard Mitigation is also required. In addition, each site must be capable of accepting 1, 2- or 3-bedroom units of various sizes and must be utility- ready or able to have utilities upgraded to meet the specifications of FEMA's RV/MHUs.

Based upon FEMA’s research to-date, FEMA has examined 14 possible Mobile Home or TT pads in Pullen Properties in DR4697-MS declared county through online research, resulting in

11 feasible pads, and 3 pads currently under construction by Monroe County to be verified and utilized after completion. It is anticipated that FEMA will contract for all available resources, but at this time, the estimated number is 11 which will increase after updates from the county. Past history from Contracts of the same type of procurement, Websites:

https://www.mhvillage.com/parks, https://www.huduser.gov/portal/datasets/fmr.html

9. Any other facts supporting the use of other than full and open competition.

See 5b above.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None as potential commercial sites were determined and identified based on locations, needs, impacted population and the availability of pads.

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.

FEMA will continue to perform casework in coordination with the Individual Assistance Division to maximize the use of available existing housing resources based on a reasonable commuting distance of 50 miles. This is performed for each household prior to being determined to have a continued need for direct housing assistance. FEMA, in coordination with the State of Mississippi, work with survivors to identify and achieve a permanent housing plan. If necessary, because of extraordinary circumstances, at the written request of the State, FEMA may extend the 18-month period of assistance for temporary direct housing assistance if an extension is in the public's interest. FEMA will assess penalty fees for occupants who remain in or maintain possession of the MHU or RV after the end of the approved period of assistance in accordance with 44 C.F.R Section 206. l l7(b)( I )(ii)(H).

The park owners selected are all small businesses with the majority of them doing business with the Government for the first time. By contracting with these parks FEMA is generating a network of new vendors, thereby, increasing the market pool and allowing future competition.

12. Certifications

Technical Certification. I certify that the supporting data under my cognizance that are included in this document are accurate and complete to the best of my knowledge and belief.

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