JOFOC_COVID-19_Addendum1_4.27.2020.pdf

U.S. Department of Homeland Security Office of the Chief Procurement Officer

Justification and Approval for Other Than Full and Open Competition Version 3.1

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Class Justification &Approval (J&A) For Other Than Full And Open Competition, Class Limited Sources Justification (LSJ), and Class Fair Opportunity Exception (FOE)

Addendum 1

J&A No.: 20-012

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR), specifically in multiple areas such as further identified under section 1, with facts and rationale as follows:

1. Agency and Contracting Activity.

As of April 17, 2020, all fifty states, the District of Columbia, Puerto Rico, US Virgin Islands, Guam, Northern Mariana Islands, and American Samoa had Federal Emergency Declarations approved.

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

(a) Type of action: No change

(b) Name and address of the contractor: No change

(c) Contract type: No change

(d) Estimated total value: No change

(e) Type of funding: No change

(f) Year of funding: No change

(g) Solicitation number: No change

(h) Background information about the requirement: All fifty states and US territories will have Federal Emergency Declarations approved.

3. Description of Supplies/Services.

Under its Stafford Act authorities, FEMA has the lead responsibility to support U.S.

Department of Health and Human Services in responding to all Federal, State, and local needs related to the COVID-19 response. As the demand for supplies and services increases across the states, FEMA continues to complete contract actions related but not limited to the health, logistic, and custodian needs such as personal protective equipment, ventilators, facility sanitation, health trends and modeling services, information technology support, Justification and Approval for Other Than Full and Open Competition

- 2 -deployable/mobile hospitals, Community Base Testing Site set up and sustainment, healthcare support services, etc.

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

No change

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

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

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

8. Description of market research.

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

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

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.

This class J&A shall remain in effect from April 30, 2020 to May 29, 2020. However, FEMA contracting officers will, to the maximum extent possible, compete requirements.

Justification and Approval for Other Than Full and Open Competition

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DARRELL S RANSOM Digitally signed by DARRELL S RANSOM Date: 2020.04.27 16:12:15 -04'00'

RAFAEL LARA JR. Digitally signed by RAFAEL LARA JR.

Date: 2020.04.27 16:28:09 -04'00'

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.

Contracting Officer Date

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

FEMA Technical Representative Date

14. Legal Counsel Review. I reviewed this Justification and Approval for Other Than Full and Open Competition in accordance with HSAM 3006.304-70 and find it legally sufficient.

Legal Counsel Date

FRANK J VILLAMIZAR Digitally signed by FRANK J VILLAMIZAR Date: 2020.04.27 12:39:35 -04'00'

Justification and Approval for Other Than Full and Open Competition

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APPROVAL:

Digitally signed by FRANK J VILLAMIZAR Date: 2020.04.27 12:40:26 -04'00'

Contracting Officer: Not exceeding $700K Date And any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.

Digitally signed by DAVID R MACKENDRICK Date: 2020.04.27 17:40:42 -04'00'

Procuring Activity Advocate for Competition Date $700K to not exceeding $13.5 mil

6.302-7, Public Interest, regardless of dollar amount.

Digitally signed by BOBBY J

BOBBY J MCCANE MCCANE

Date: 2020.04.28 15:23:02 -04'00'

Head of Contracting Activity Date $13.5 mil to not exceeding $68 mil

HCA approval in addition to that of the Component Competition Advocate is not necessary if the Component Competition Advocate meets either of the criteria at FAR 6.304(a)(3)(i) or (ii), except for any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount, and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 as the authority.

Chief Procurement Officer: Over $68 mil Date

6.302-7, Public Interest, regardless of dollar amount

FRANK J VILLAMIZAR

DAVID R MACKENDRICK

SORAYA CORREA Digitally signed by SORAYA CORREA Date: 2020.04.29 18:14:11 -04'00'