Emergency Acquisitions

Emergency AcquisitionsScenario 7-3

Available Flexibilities for Contracting Professionals

James R. Ricks, CPMFederal Aviation Administration

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Briefing Agenda

Background– Regulatory– Scenario

Customers Commodities Procurement Objectives / Issue to Address

Operating Assumptions Regulatory Acquisition Flexibilities

– Generally Available– Emergency

Recommendations Summary

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Background

Regulatory– Hurricane Katrina …increased scrutiny on emergency contracting

(August 2005)– Release of Federal Acquisition Regulation (FAR) Part 18 (12-

July-2006)

Scenario Major Natural Disaster in Sunbelt Region Major Governmental Facilities (including ours) have been

impacted These Agencies need Acquisition Assistance to aid in recovery

– Large number of citizens are in need of aid

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Background

Customers In addition to the offices we normally support, we must procure vital supplies and services for other agencies such as:

– Department of Homeland Security– Federal Emergency Management Agency– Army Corp of Engineers– United States Coast Guard– Centers for Disease Control

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Commodities

Commodity Customers

Temporary Emergency Utility Services (electrical generators and portable water)

FEMA Security Center CDC Biological Technology Division

Temporary Lodging and Meals for Field Personnel and Displaced Residents

All impacted agencies; Need for Residents in all states/areas impacted

Emergency Medical Treatment Facilities Needed for all impacted states/areas

Cleanup and Removal of Debris, Contaminated Water, and Hazardous Waste

Agencies with Impacted Facilities

Repair of damaged portions of main streets

Needed for all impacted states/areas

Minor Structural Repairs (broken windows and roofing)

Agencies with Impacted Facilities

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Procurement Objectives

Must support current and new customers All requirements are urgent! Timely response of the

essence High Visibility Anticipated Total Contracting Cost: $10 billion

Challenge: Determine the acquisitions flexibilities available to meet the requirements

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Operating Assumptions

The President has issued a Disaster Declaration; and Not starting from scratch…agencies have established

relationships, contracts, and/or agreements in place with local sources

Customer Agencies will provide post award contract administration

Key Approval Resources Available Services and Supplies will be required across several states

and localities in the region affected.

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Regulatory Acquisition Flexibilities

Generally Available– Numerous flexibilities generally available when

certain conditions are met: Unusual and compelling needs (FAR 6.302-2) Urgent requirements Immediate delivery or performance required

– No need for emergency declaration. These are enumerated in FAR Parts 18.102 – 18.126

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Regulatory Acquisition Flexibilities

Emergency Acquisition Flexibilities Contingency Operations (FAR 2.101)

Defense or Recovery from certain Attacks

Emergency Declaration or Major Disaster Declaration

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Examples of General Flexibilities

Relief from CCR registration No Need to Synopsize Limited Competition using Simplified Acquisition Procedures Agency may decide NOT to enforce qualification

requirements CO’s may issue oral requests for proposals Interagency Acquisition under the Economy Act Head of Contracting Activity can use agency override

procedures to continue the contracting process after the GAO has received a protest

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Emergency Flexibilities

Preference given to local organizations, firms and individuals

– Preference in form of set asides or preferential evaluation of proposals

Threshold In United States Outside the United States

Micro-Purchase $15,000 $30,000

SAT $300,000 $1,000,000

Test Program for certain commercial items

$12,000,000 N/A

Purchase Order-Invoice-Voucher

Higher Amount As determined by Agency

N/A

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Recommendations

Leverage existing contracts or agreements to the maximum degree practicable.

Do not synopsize actions IAW (FAR 5.202(a)(2). Simplified Acquisition Procedures and leverage FAR 13.5 for

as many commodities as possible. Document files to include rationale for all decisions and

describe when FAR 13.500(e) flexibility was used. Seek local sources to the maximum extent practicable IAW

FAR 18.203(a) and provide preference via set-asides and in evaluation criteria.

Create a daily milestone report

Commodity Specific Plans

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Recommendations

Commodity Procurement Method

Contract Type

Temporary Emergency Utility Services (electrical generators and portable water)

Purchase Order or FSS

FFP

Temporary Lodging and Meals for Field Personnel and Displaced Residents

IDIQ Contract FFP

Emergency Medical Treatment Facilities BPA’s with Area Hospitals

T&M

Cleanup and Removal of Debris, Contaminated Water, and Hazardous Waste

IDIQ Contract T&M

Repair of damaged portions of main streets

IDIQ Contract T&M

Minor Structural Repairs (broken windows and roofing)

PO or Voucher using oral solicitation; require written quote from contractors

FFP

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Questions?

Remember, the work you do matters to everyday citizens!