JA__-_Durable_Medical_Equipment_11-29-17.pdf

U.S. Department of Homeland Security Federal Emergency Management Agency Acquisition Operations Division

November 29, 2017

Justification &Approval for Other than Full and Open Competition

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:

Use of this authority is justified by the following facts and rationale as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), National Response Coordination Center (NRCC), Presidential Disaster Declaration (DR) 4339 issued September 20, 2017 for Puerto Rico for the aftermath of Hurricane Maria.

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

Approval of an urgent, non-competitive procurement for a quantity of 1,260 of Durable Medical Equipment that consists of Canes, Wheelchairs (Pediatric), Wheelchairs (Adults), Walker (Dual Release), and 3 in 1 Commode for over Toilet Use. This support is for survivors of Hurricane Maria which caused catastrophic damage to Puerto Rico’s which resulted in loss of durable medical equipment needed by disaster survivors.

FEMA acquisition staff is deployed to procure life-saving and sustaining goods and services needed on an urgent basis for survivors of Hurricane Maria. This includes the provision of durable medical equipment. Time is of the essence since the storm left over 1,000 disable survivors without wheel chairs, walkers, and related items. These individuals are bedridden or unable to walk without this equipment. The contracting officer intends to issue a non-competitive contract to RCG of North Carolina who has the needed equipment available immediately for air cargo transport. FEMA will provide the air shipping. FOB is destination at the FEMA/Staging Area, Atlanta Airport.

The items to be provide include 400 walking canes, 300 wheelchairs, 260 duel walkers, and quantity of 200 (3 in 1) commodes for toilet use. This disaster support is being provided by the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121, et seq.).

Non-competitive negotiations will be conducted with RCG North Carolina 404 Overlake Road, Raeford, NC 28376. The estimated amount of this procurement is $212,057.70.

3. Description of Supplies/Services.

The contractor shall provide 75 Wheelchairs (Pediatric), 200 Canes (Quad), 200 Canes (White), 100 Wheelchairs (Adult XL), 200 Wheelchairs (Adult), 360 Walkers (Dual Release), and 200 3 in 1 Commode for over Toilet Use for survivors of Hurricane Maria. The need for this Durable Medical Equipment is urgent and compelling since over 1,000 disabled survivors were bedridden or could not walk without this durable medical equipment.

4. Identification of the exception to competition and the supporting rationale.

The statutory authority permitting other than full and open competition is 41 USC 3304(a)(2), Unusual and Compelling Urgency as implemented by FAR 6.302-2.

5. Demonstration that the nature of the acquisition require use of the authority cited.

The authority cited for Other Than Full and Open Competition, 41 USC 3304(a)(2), is warranted since FEMA must fulfill its mandate of providing life sustaining relief in the aftermath of natural disasters. In this case, Hurricane Maria devastated Puerto Rico leaving survivors with minimal medical equipment to provide to survivors for accessibility. RCG North Carolina is uniquely qualified to provide immediate durable medical equipment. If the product is not provided; the citizens of Puerto Rico won’t have sufficient medical equipment and accessibility for survivors.

Some of the survivors require medical equipment and assistance to get around which would adversely impact FEMA’s mission.

RCG was the only known vendor the only known vendor that could provide the needed equipment immediately. This need emerged on a weekend and no other vendors could be reached to provide a quotation. The contracting officer contacted three other vendors who did not submit a quote or respond to phone-calls. Sufficient time was not available to post this requirement in FBO as the disabled individuals needed this life sustaining equipment immediately.

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

FEMA will compete any future requirement for durable medical equipment.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer has determined that the price to the Government is fair and reasonable based on the Government cost estimate and prevailing market conditions.

8. Description of market research.

Market research was conducted by FEMA/Logistics to identity all possible sources for durable medical equipment.

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

This acquisition exceeds the Synopsis Threshold of $25,000 (FAR Subpart 5.202(a) (2) Exemption). Urgent and compelling applies, this precludes competition to the maximum extent practicable and the government would be seriously injured if the agency complied with time periods specified in FAR 5.203 Publicizing and Response Time.

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

All available sources are being considered to meet the extraordinary quantity of durable medical equipment needed.

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 supplies or services required.

Not applicable, since other sources are being used.

12. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

David Orris Date Contracting Officer dorris Typewritten Text 11/29/2017