JUSTIFICATION_APPROVAL_WX05224Y2020T.pdf

J&A for an Exception to the Publication and Synopsis Requirement J&A No.: WX05224Y2020T

- 1 -

Justification &Approval (J&A) Justification For an Exception to the Publication and Synopsis Requirement

41 U.S.C. 3304

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 5.202(a)(2) and in accordance with the requirements of FAR 5.202(a)(2), Exceptions to Notices of Proposed Contract Actions and FAR Part 6.302-2, Unusual and Compelling Urgency, the justification for the use of the statutory authority under FAR Subpart 5.202(a)(2) is justified by the following facts and rationale required under FAR 6.302-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, Federal Emergency Management Agency, Office of the Administrator, proposes to enter into a contract on a basis other than full and open competition.

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

(a) Type of action: Firm fixed price

(b) Amount: $748,800.00

(c) Type of funding: Multiple Sources: OC, 06, & 6R

(d) Year of funding: FY2020

(e) Other brief descriptive words and phrases: FEMA intends to limit competition for

Automated Thermal Temperature Screening Kiosks to two vendors:

ICI Centurion Kiosk; 2105 West Cardinal Drive, Beaumont, TX 77705;

Joe Elias; 570-216-0500; jelias@infraredcameras.com

Wello, Inc.; 3939 Belt Line Road, Suite #400, Addison, TX 75001; Stacey DiSpigno; (773) 726-8315; stacey.dispigno@welloinc.com

(d) Period of Performance: 9/10/2020 – 10/09/2020

- 2 -

3. Description of Supplies/Services. FEMA’s Office of the Chief Administrative Officer (OCAO) will conduct temperature screening for all individuals entering FEMA facilities as an added protective measure as recommended by the Center for Disease Control (CDC) and required by the General Services Administration (GSA) for leased facilities. In addition to the response efforts, we are planning for when staff return to work and the need to quickly screen personnel with an automated no-touch standalone device thermal screening device that will determine the temperature of the individual. These kiosks will not require anyone to manually take the temperature.

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

FAR Part 6.302-2

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

FEMA will go directly to these two identified, via the MRR for proposals. They were the two identified as being able to meet all the technical requirments. As FEMA works to re-open its facilities, these kiosks are needed immediately rather than soliciting in the open marketplace for 30 days.

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

The offerors directly solicited were the only vendors that had FDA-approved products that can readily meet FEMA’s needs.

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

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on market research and IGCE.

8. Description of market research.

The Program solicited input from FEMA regional offices and DHS Office of the Chief Security Officer who had previously purchased these types of devices. The web was scrubbed to find additional vendors who produce this type of kiosk. The Program reached out to DHS to determine if there was a Stratigically Sourced contract in place; there is not.

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

FEMA seeks the use of Unusual and Compelling, as the Office of the Chief Administrator Office would like to have the kiosks in place at the soonest, to accommodate more staff returning to work and reduce the number of overtime hours being paid to staff who currently manually read temperatures.

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

None

- 3 -

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.

None

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

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.

Technical Representative/COR