DF for Excess of 150 days - On-site COVID Testing - 100220 - se.pdf

Determination and Findings (D&F)

Pursuant to HSAR 3006.302-270(d)(1)(iii)(A), Unusual and Compelling Urgency, the Department of Homeland Security, Federal Emergency Management Agency (FEMA) is granted authority to use other than full and open competition in excess of 150 days of performance if approved by the

Head of the Contracting Activity (HCA) for On-Site COVID-19 Testing . This D&F serves to provide the HCA approval to extend the period of performance beyond the150 day limitation;

thereby supplementing the J&A required to award a sole source contract for On-Site COVID-19

Testing. A one-year period of performance limitation applies as provided under FAR 6.302-2(d)(1).

Findings

Enabling a rapid response health and welfare capability for federal staff during emergency events is a mission-critical requirement. The On-Site COVID-19 Testing is critical to FEMA’s mission due to the COVID-19 pandemic, upcoming influenza season, wildfire season in the western United States and an extremely active hurricane season. If this contract is not awarded for these services, there will be serious health risks to FEMA employees and the survivors they support. This would hinder

FEMA's ability to safely conduct disaster operations and operate under a restricted COVID-19 environment.

Because of the unknown duration of this pandemic, it is considered prudent to have adequate flexibility in the period of performance to address the services provided through FEMA’s

Environmental Safety and Health Office (ESH), Disaster Safety Operations Branch. Without this testing service, there would be serious impacts to FEMA's ability to safely protect employees throughout the United States and its territories. The On-Site COVID-19 Testing services are essential to respond to urgent requests for immediate support to expanding outbreaks of COVID-

19.

The Federal Emergency Management Agency (FEMA), Environmental Safety and Health Office

(ESH), Disaster Safety Operations Branch’s On-Site COVID-19 Testing services are considered one of the primary means of safeguarding FEMA’s employees and other agencies operating with

FEMA. Moreover, with the declared pandemic on March 11, 2020, a national emergency via

Presidential Proclamation on March 13, 2020, and the restricted COVID-19 environment, expedited delivery of this service is key in support of response and recovery.

The On-site COVID-19 Testing contract will be awarded with a period of performance of one-year.

This timeline is adapted to cover the ongoing effort of disaster support throughout the year. This

D&F is to pursue the utilization of a period of performance that will exceed 150 days.

Finally, the statutory authority permitting other than full and open competition, 41 U.S.C.

3304(a)(2) pursuant to FAR 6.302-2, Unusual and Compelling Urgency applies to this requirement as well. By way of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law

100-707), signed into law on November 23, 1988, and amended Disaster Relief Act of 1974 (Public

Law 93-288), the Stafford Act constitutes the statutory authority for disaster response activities as they pertain to FEMA and FEMA programs. Pursuant to this D&F, FEMA will be allowed to expedite the On-Site COVID-19 Testing services to FEMA employees throughout the United States and its territories, thereby mitigating the risk of exposure to the 2019 Novel Coronavirus (COVID-

19), which will be complicated by the upcoming influenza season. This testing is considered vital in continuing to assist with response and recovery to the wildfire season in the western United States and the hurricane season that has been, to this point, extremely active.

Determination

Based on the findings, the proposed action is justified under HSAR 3006.302-270(d)(1)(iii)(A) and authority is granted to use other than full and open competition under 41U.S.C. 3304(a)(2) pursuant to FAR 6.302-2, Unusual and Compelling Urgency in excess of 150 days; therefore, allowing On-

Site COVID-19 Testing in response to and recovery from 2019 Coronavirus (COVID-19) and other intricate concerns. Failure to allow for an extended period of performance would result in FEMA’s failure to meet mission requirements in terms of providing disaster relief in accordance with the

Robert T. Stafford Disaster Relief and Emergency Assistance Act, as well as not protecting FEMA employees, first responders, and disaster survivors.

Bobby J, McCane Date

Head of the Contracting Activity (FEMA)

10/03/2020