SOLICITATION NOTICE
L -- HANO Receivership Modification
- Notice Date
- 7/3/2013
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 541611
— Administrative Management and General Management Consulting Services
- Contracting Office
- Department of Housing and Urban Development, OCPO, Western (Denver) Field Contracting Operations, Denver Operations Branch, NFW, 1670 Broadway, 23rd Floor, Denver, Colorado, 80202-4801
- ZIP Code
- 80202-4801
- Solicitation Number
- C-DEN-02454
- Archive Date
- 8/2/2013
- Point of Contact
- Edgar A. Cross, Phone: 3036725367, Joel J. Bartholomew, Phone: 3036725260
- E-Mail Address
-
edgar.a.cross@hud.gov, joel.j.bartholomew@hud.gov
(edgar.a.cross@hud.gov, joel.j.bartholomew@hud.gov)
- Small Business Set-Aside
- N/A
- Award Number
- c-den-02454
- Award Date
- 7/3/2013
- Description
- Justification for Other than Full and Open Competition for Administrative Receivership Services for the Housing Authority of New Orleans (1) Requesting Agency: U.S. Department of Housing and Urban Development (HUD), Office of Public and Indian Housing, Office of Field Operations. HIAMS Requisition Number RCS-P-13-00084. (2) Nature and Description of the Action: It is proposed that a sole source modification be awarded to Gilmore Kean, LLC of Washington, D.C., to perform administrative receivership services on behalf of the Assistant Secretary of Public and Indian Housing at the Housing Authority of New Orleans (HANO). The Assistant Secretary requires the services of a qualified contractor to assist HUD manage and oversee the HANO until it can be returned to local control. Gilmore Kean, LLC is the current contractor performing administrative receivership services at HANO under the terms of C-DEN-02454. Prior to the current contract, HUD lacked a contractor to perform the executive and legislative functions at HANO and therefore there was no improvement in HANO's troubled status. Since the Contractor started performance on July 9, 2010, HANO has seen marked improvement in its effort to progress out of Receivership. HUD anticipated that the City of New Orleans would appoint a Board of Commissioners during the period of the contract, and the contractor would facilitate the installation and training of the Board followed by an executive search and hire. However, the City of New Orleans, after urgings from HUD and the Contractor, did not appoint Board Members in 2012 or the first two quarters of 2013. Consequently, HANO could not transition to local control. Without a Board to take responsibility for the agency and appoint top-level agency personnel, HANO would be without three top officials; its executive director, and both deputy directors, upon expiration of the existing contract. On the morning of July 9, 2013, when the current Contract expires, the responsibility of these three administrators would fall to subordinate staff who are not qualified to perform these duties. In the absence of qualified and coordinated leadership, the progress HANO has made in improving its financial integrity and program compliance will immediately unravel. It is imperative that a contractor continue providing the services as described in Part 1 of the HUD-24012. It is proposed that HUD award a six-month base period modification with a three-month option period on a sole source basis to Gilmore Kean, LLC. (3) Description of Supplies or Services Required to Meet the Agency's Needs: This procurement has a total estimated value of $1,371,957 for a 6 month base period and one three (3) month option period of performance. The initial receivership process was conducted by Gilmore Kean, LLC. This contractor will be utilized to continue operations of the PHA under receivership, transition control of the PHA back to local authorities, and assist in the appointment of board members and filling key positions with qualified personnel. (4) An Identification of the Statutory Agency Permitting Other than Full and Open Competition: This Justification for Other than Full and Open Competition is pursuant to 41 U.S.C. 253(c) (1) and FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. (5) Demonstration that the Proposed Contractor is uniquely qualified: Gilmore Kean, LLC was awarded the current contract (C-DEN-02454) under full and open total small business set aside competitive procedures and began performance July 9, 2010. The services required under this action are to assist in the transition of HANO from receivership back to local control. Because Gilmore Kean, LLC has been conducting the receivership activities in the HANO, they are uniquely qualified and have the institutional knowledge necessary to conduct these services. These services are contained in the current contract but circumstances have prevented HANO from transitioning back to local control. HUD acknowledges that, if given enough time to review the current process and procedures and develop a plan of action, another contractor would be capable of performing these services. However, competing this requirement would cause the Government to incur additional costs that are not expected to be recovered through competition and lose critical time that would be required for a new contractor to gain an understanding of the current functions and capabilities of the HANO, and to develop a transition plan. (6) A Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources As Is Practicable, including Whether a Notice was or will be Publicized, As Is Required by Subpart 5.2 And, If Not, Which Exception under FAR 5.202 Applies: This justification will be publicized IAW FAR 6.302-1(d) (2). Based on the current contractor's corporate knowledge of operations at HANO and the phase of receivership that the housing authority is currently under, considering proposals from additional sources is not practical for current budget and time restraints. The amount of time necessary to transition a new contractor into the HANO would likely cause irreparable damage to the progress HANO has made under the receivership conditions. (7) A Determination by the Contracting Officer that the Anticipated Cost to the Government Will Be Fair and Reasonable: The estimated cost is based upon the current contracts rates that were determined to be fair and reasonable at the time of award. Current market conditions are similar and therefore the anticipated costs are fair and reasonable. All proposed contractor cost will be reviewed and a written determination will be made that they are fair and reasonable before the contract award is made. (8) A Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted: Market research was performed and several companies capable of providing the required services were found capable of providing general receivership services to housing authorities. Gilmore Keen LLC, as a result of performance under C-DEN-02454, is the only firm with the immediate requisite knowledge of the conditions at HANO and therefore is the only firm that can continue to conduct the receivership services already undertaken. (9) Any Other Facts Supporting the Use of Other Than Full and Open Competition: HANO cannot exit receivership status until transition back to the City of New Orleans has occurred. This modification will make the aforementioned transition back to the city of New Orleans possible. (10) A List of the Sources, if any, that Expressed, in Writing, An Interest in the Acquisition: No additional sources were sought or expressed interest based upon the circumstances described above. (11) A Statement of the Actions, in Any, That the Agency May Take to Remove or Overcome any Barriers to Competition Before any Subsequent Acquisition of the Supplies or Services Required: The circumstances surrounding this requirement are unique. All future requirements in which PHAs will go into receivership will be competed whenever possible and practical. Specifically for HANO, the Office of Public and Indian Housing (PIH) will receive the HANO Transition Plan from a HUD team that is on-site within the next three months (September 2013). PIH is committed to prepare a follow-on competition to this requirement for Receivership activities if the Board of Commissioners is not appointed during the rest of the performance of C-DEN-02454. This process will start if necessary not later than September 2013 to ensure that all barriers to competition are removed in any subsequent actions that take place. (12) Certification Requirement: The signatures with the Justification for Other than Full and Open Competition certify that all of the supporting data, which form a basis for the justification, are complete and accurate.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/HUD/NFW/NFW/C-DEN-02454/listing.html)
- Place of Performance
- Address: HANO, New Orleans, Louisiana, United States
- Record
- SN03107325-W 20130705/130703235250-e51bd316e2ac9f6b9bc973fcdeffa198 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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