Reunification services for children

FEMA intends to enter into a sole-source Blanket Ordering Agreement with the National Center for Missing and Exploited Children, 699 Prince Street, Alexandria, VA 22314-3175.

- Description of the supplies or services required to meet the agency's need:

The contractor shall provide reunification services for children displaced during a presidentially declared disaster or emergency

- Estimated value of the acquisition: Not-to-exceed amount for a one year ordering period 

- Authority for acquiring the supplies or services on other than a full and open competitive basis. (Check applicable exception and provide a justification to include a demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited below the selection.)

[X] Authority is FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

Justification:

6 U.S.C. § 774(c) states, in relevant part, "the Administrator, in coordination with the Attorney General of the United States, shall establish within the National Center for Missing and Exploited Children [NCMEC] the National Emergency Child Locator Center" See also 6 U.S.C. § 775. Under the statute, FEMA must obtain these services from NCMEC. Nevertheless, this justification does not use FAR 6.302-5 (authorized or required by statute) because such an award nevertheless fails to meet the requirements of 41 U.S.C. § 253(i) or the FAR, in that the Homeland Security Act does not refer to the statutory exception, and fails to state that "award...is required by such provision of law in contravention of" merit-based selection procedures. Hence, despite the mandatory nature of the award, the statutory exception to CICA's competition requirements does not apply.

- Additional supporting facts for the acquisition:

a. If only one source is the basis for the J&A, explain why technical data packages, statements of work or purchase descriptions suitable to maximize competition to the maximum extent practicable have not been developed or are not available.

The Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA) specifically, Sections 689b and 689c, codified at 6 U.S.C. §§ 774 & 775, designated NCMEC as the lead for facilitating the expeditious identification of children and reunification of families. No additional document, to include SOWs or purchase descriptions are suitable to maximize competition are not available due to the above-referenced act.

- Actions taken for removal of barriers to competition.

NCMEC is the only source able to satisfy the requirement no further action will be taken.

PART II

1. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable and listing of the sources, if any, that expressed, in writing, an interest in the acquisition. This requirement will be synopsized. No other potential sources have expressed an interest.

2. Market Research. □ Additional or XX no additional market research was conducted to determine potential sources because/or the results were:

In accordance with The Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA) specifically, Sections 689b and 689c, codified at 6 U.S.C. §§ 774 & 775 NCMEC has been designated as the agency in which FEMA will partner with for this type of requirement. No additional research required