FAR13-SSJoverSAT-ClassJA-SoleSource-signedbySPE.pdf

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SOLE SOURCE JUSTIFICATION

FOR CERTAIN COMMERCIAL ITEMS USING

THE PROCEDURES IN FAR SUBPART 13.5

Requirements: COVID19 requirements and solicitations

1. Agency and contracting activity. Small Business Administration (SBA), Office of the Chief

Financial Officer, Acquisitions Directorate, in support of SBA.

2. The nature and/or description of the action being approved: This is a class sole source justification to procure supplies (to include brand name) and services in response to and in support of the SBA’s response to the Novel Coronavirus Disease (COVID-19) Outbreak.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

On March 11, 2020, the World Health Organization (WHO) declared the COVID-19 outbreak a global pandemic. A Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak was issued by President Trump on March 13, 2020. This class sole source justification is essential to respond to urgent requests for immediate support due to the expanding outbreak of COVID-19. The use of simplified procedures vests contracting officers with additional procedural discretion and flexibility so that commercial item acquisitions in this dollar range (up to $13 million per award) may be solicited, offered, evaluated, and awarded in a simplified manner that maximizes efficiency and economy and minimizes burden and administrative costs for both the Government and industry (10 U.S.C.2304(g) and 2305 and 41 U.S.C.3305, 3306, and chapter 37, Awarding of Contracts.) No order or contract made under this authority can exceed the maximum of $13,000,000.00 ( 41 U.S.C. 1903). It is prudent to have this flexibility in order for the SBA to successfully perform their mission. All awards made under this justification cannot exceed $100,000,000.00 in totality. This class justification will remain in effect for the duration of the national emergency or until revoked by the Senior Procurement Executive and supersedes any other class justifications made under this authority for this emergency.

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

Simplified procedures (FAR subpart 13.5) for certain commercial items under 41 U.S.C.

1903. The nature of the requirement has been deemed urgent due to unusual and compelling circumstances. Following competitive procedures would result in unacceptable delays resulting in an inestimable serious injury to the Government.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

The SBA was officially established in 1953. The mission of the SBA is to maintain and strengthen the nation’s economy by enabling the establishment and viability of small businesses, and by assisting in the economic recovery of communities after disaster. The Small Business Act (Act) authorizes the SBA to make loans to eligible survivors of declared disasters. The COVID-19 pandemic is by far the largest Presidential Disaster Declaration and constitutes an unusual and compelling urgency that demands immediate response.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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Urgent acquisitions are required for services and supplies to support the eight critical missions of the SBA, to include issuance of loans to help United States small businesses stabilize. The eight missions are:

(1) Declare disasters, process applications for disaster loans from individuals and businesses, and processes loans.

(2) Issue acceptance letters to procuring Federal agencies in response to offering letters submitted under the 8(a) Business Development Program and negotiate and execute 8(a) contracts.

(3) Service and liquidate SBA direct and guaranteed loans made pursuant to the Act and service and manage SBA surety bond guarantees issued pursuant to the Small Business Investment Act (SBIA).

(4) Process and approve SBA guaranteed loans made by delegated and non-delegated lenders pursuant to Section 7(a) of the Act, and process and approve loans made by Certified Development Companies pursuant to Section 504 of the SBIA, and approve and administer SBA surety bond guarantees pursuant to Section 411 of the SBIA.

(5) Coordinate with recovery partners at national, regional, state, and local levels to support preparedness activities and the long-term economic recovery of small businesses and communicates impacted by disaster.

(6) Receive, evaluate and forward for disbursement requests from resource partners for payment.

(7) Issue approval notices for Small Business Investment Companies to allow for investments into small businesses.

(8) Approve the repurchase of debentures pursuant to SBA’s guarantee upon demand.

Urgent acquisitions are also required for services and supplies to support additional SBA responsibilities in accordance with the newly enacted legislation such as, but not limited to:

• Coronavirus Preparedness and Response Supplemental Appropriations Acts, 2020

• Families First Coronavirus Response Act

• Coronavirus Aid, Relief, and Economic Security Act

Urgent acquisitions may be required for services and supplies to support future legislation related to the COVID-19 Outbreak. This Justification applies to all such actions by the Agency.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized in FEDBIZOPPS (as required by FAR 5.2) and, if not, which exception under 5.202 applies.

FAR 2.202(a)(2): The proposed contract action is made under the conditions described in 6.302-2(or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

7. A determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

Awards cannot and will not be made unless the pricing can be found fair and reasonable as required by the FAR. Pricing will be evaluated in accordance with FAR 13.106(a)(2).

https://congress.gov/bill/116th-congress/house-bill/6074/text https://www.congress.gov/bill/116th-congress/house-bill/6201/text http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P56_9651 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P67_10794 https://www.acquisition.gov/content/part-6-competition-requirements#i1119539 https://www.acquisition.gov/content/part-5-publicizing-contract-actions#i1120755

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8. A description of the market research conducted and the results or the reason market research was not conducted.

Limited market research will be performed to ascertain what company can provide the requirements needed within the required timeframes and at the quality needed.

9. Any other facts supporting the use of sole source.

Technical data packages, specifications, engineering descriptions, statements of work and/or purchase descriptions suitable for competitive contracts are not available as the urgency for the supplies and services to support the response to COVID-19 is so compelling, once these items are developed, immediate award is required.

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

Due to the vast number of businesses providing interest in supporting the COVID-19 pandemic, providing a list here is impractical. A list is maintained by the SBA which is available for the requiring activity and contracting officer to review.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

It is the SBA’s goal to compete as many awards as possible with the maximum number of awards going to small businesses which will continue when time allows.

12. APPROVAL

BRENDON J. JOHNSON

Senior Procurement Executive & Head of Contracting Activity Office of the Chief Financial Officer (OCFO) U.S. Small Business Administration

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For signature on each individual action:

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer