JUSTIFICATION AND AUTHORITY FOR OTHER THAN FULL AND OPEN COMPETITION

Unusual and Compelling (41 U.S.C. 3304(a)(2))

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:

1. Agency and Contracting Activity:

Department of Homeland Security
Federal Emergency Management Agency (FEMA)
Office of Chief Procurement Office
JFO DR4339-PR
100 Convention Blvd
San Juan, Puerto Rico, 00907-4900

Nature and/or Description of the Action being approved:

Firm-Fixed Price Contract to provide hot meals inclusive of the labor, supplies and transportation in
the amount of $10,080,000 to provide the meals throughout the Commonwealth of Puerto Rico in
support of disasters from two hurricanes. The contractor will prepare, package, and deliver meals to
specified directed FEMA location(s) as specified by the COR. The contractor(s) will ensure all
products meet or exceed the specifications contained within the scope of work. The contractor(s) will
provide one hundred twenty thousand (120,000) hot meals for 14 days. The contract will be funded
with DR4339-PR disaster type funding from FY18. To promote economic restoration and ensure
supply chain viability, the contractor will utilize supplies/provisions from the local Puerto Rico area
as much as feasible.

2. Description of Supplies/Services:
To provide one hundred twenty thousand (120,000) meals for fourteen (14) days for the Common
Wealth of Puerto Rico to be distributed to FEMA specified locations as specified by the Contractor
Technical Representative (COR) from 19 October through 1 November 2017.

3. Identification of Statutory Authority permitting Other Than Full and Open Competition:
FAR 6.302-2, Unusual & Compelling Urgency [41 U.S.C. 3304(a)(2)] is cited, facilitating the
response to and recovery from Hurricane Maria. An unusual and compelling urgency precludes full
and open competition and any delay in award of a contract would result in serious injury, financial or
other, to the Government. The unusual and compelling urgency that the Government would be
seriously injured unless the agency is permitted to limit the number of sources from which it solicits
bids or proposals, full and open competition need not be provided for IAW with FAR 6.302-2.
Disaster Declaration. The risks to life, health, and/or safety to the citizens of Puerto Rico do not
permit the government time to seek competition.

4. Demonstration that the Proposed Contractors Unique Qualifications or the Nature of the
Acquisition Requires Use of the Authority Cited:

Due to the extreme constraints in the impacted area, including compromised roads and thoroughfares,
it is not possible to seek competition. The seaports are overscheduled and over-engaged, causing
stoppages and gridlocks of critical material the island requires to continue operations and transition
into a complete recovery state. There are several communities that remain with power and water; the
estimated time of restoration is measured in months, not weeks. It is not feasible to conduct extended
 air and sea operations to provide basic food requirements. This vendor has the capacity to employ
off-road, special terrain, and other distribution methods that will reach isolated and extremely difficult
locations in the mountainous areas of the island. By contracting with this vendor, response times,
distribution and supply chain stability is ensured, and the economic restoration of the island is
supported. The government must acquire basic life sustaining commodities for the hurricane
survivors; to accomplish this, we are utilizing the authority in FAR Subpart 6.302-2.

5. Description of Efforts Made to ensure that Offers are solicited from as Many Potential Sources
as is Practicable:
We canvased and solicited all available local companies to help meet the massive need and have
awarded 3 contracts thus far; however, the local quantity barely provide one-fourth of the massive
requirement required. However, there is no contractor readily available that can meet our immediate
meals need and quantity. We are continuing to search for local and US sources that can meet this
abundant need.

6. 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
previous awarded contracts, other competed contracts, commercial pricing and GSA competed prices.

7. Description of Market Research Conducted:

Market research was conducted utilizing the Internet, Government of Puerto Rico Industrial
Development counselors, Procurement Technical Assistance Center, SBA, and the FEMA Business
EOC in the general Puerto Rico manufacturing community to query vendors on the ability to perform
this level of provisions.

8. Any Other Facts Supporting the Use of Other Than Full and Open Competition: Solicitations
were issued for Local area set aside and there werent any vendors that could provide the requested
hot meal quantities to include other mitigating circumstances whereas taxing all efforts to one
contract will also affect their ability to meet their local customer need for meals.

9. A Listing of the Sources, if any, That Express, in Writing, an Interest in the Acquisition:
Of the local contract awarded, Sky Chef, they are unable to meet any amount close to the number of
meals (120,000 per day) required at the present time. Of the other sources, communicated interests,
there were only one that possibly had the capability to provide up to a maximum of 50,000 meals per
day, but it would need at least -3 weeks ramp up period.

10. 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 is Required:
The Agency has a need to provide meals immediately due to the damage sustained by Hurricane
Maria to the Common Wealth of Puerto Rico and the most expeditious method is to issue an unusual
and compelling sole source contract for a period of 14 days from 19 October 1 November 2017 to
allow for adequate competition.

11. Contracting Officers 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.
Digitally signed by PERRY A TOOMER
PERRY A TOOMER Date: 2017.10.20 10:32:27 -04'00'

Contracting Officer Date

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12. Technical/Requirements Personnel Certification:
I certify this requirement meets the Governments minimum need and that the supporting data, which
forms a basis for this justification, is complete and accurate.
Digitally signed by STEVEN W JOHNSON
STEVEN W JOHNSON Date: 2017.10.20 12:09:37 -04'00'

Technical Representative Date

APPROVALS:
Digitally signed by PERRY A TOOMER
PERRY A TOOMER Date: 2017.10.20 10:33:17 -04'00'

Contracting Officer
Digitally signed by TYUANA L BAILEY
DN: c=US, o=U.S. Government, ou=Department of Homeland
TYUANA L BAILEY Security, ou=FEMA, ou=People, cn=TYUANA L BAILEY,
0.9.2342.19200300.100.1.1=0890542177.FEMA
________________________________________________________________________
Date: 2017.10.30 11:33:56 -04'00'

Tyuana Bailey
Component Competition Advocate

Additional Required Level of Reviews and Approval:

x $150.000.01 or greater

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 o Review - Legal (per HSAM 3004.7003)
o Approval - Head of the Contracting Activity if the J&A cites FAR 6.302-2,
Unusual & Compelling Urgency, as its authority with a period of
performance that exceeds 150 days (per HSAR 3006.302-270(d)(1)(iii))
If exceptional circumstances apply to the one-year period of
performance limitation at FAR 6.302-2(d)(1), the HCA must issue a
written determination regarding the exceptional circumstances in
addition to approving the J&A.
x $500,000 or greater (per FEMA SOP)
o Review - OCPO Section Chief
o Review - OCPO Quality Compliance
x $700,000.01 or greater (per FAR 6.304(a)(2))
o Approval Competition Advocate
x $5,000,000 or greater (per FEMA SOP)
o Review - OCPO Branch Chief
x $10,000,000 or greater (per FEMA SOP)
o Review - OCPO AOD Deputy Director
x $13,500,00.01 - $68,000,000 (per FAR 6.304(a)(3))
o Approval - Head of the Contracting Activity
x $68,000,000.01 or greater (per FAR 6.304(a)(4))
o Approval Senior Procurement Executive

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