United
States Department of the Interior Class Justification and Approval for
Other Than
Full and Open Competition And
Waiver of
Publication Requirements
Federal law (41 U.S.C.253(c) (2)) authorizes under certain
conditions, including unusual and compelling urgency, contracting without
providing for full and open competition. Exceptions are also authorized to the
statutory requirements in the Small Business Act (15 U.S.C. 637(e)) and the
Office of Federal Procurement Policy Act (41 U.S.C. 416), to provide public
notice of contracting opportunities. On
September 11, 2001, terrorist attacks initiated a national emergency as
evidenced by Presidential Proclamation 7463 entitled, "Declaration of
National Emergency by Reason of Certain Terrorist Attacks" signed on
September 14, 2001.
Therefore;
For any acquisition made by any Department of the Interior
contracting activity directly as a result of the Department's response to this
declared national emergency (including any action that would subsequently
require formal ratification by an authorized official at a contracting
activity); and based on 41 U.S.C. 253 (c)(2), further described in Federal
Acquisition Regulation 6.302-2, Unusual and Compelling Urgency; and 15 U.S.C.
637(c) and 41 U.S.C. 416, further described in Federal Acquisition Regulation
5.2(a)(2), I, as the Senior Procurement Executive, Department of the Interior,
waive:
(1.) The requirement for
publication of the requirement via FedBizOpps.
(2.) The requirement for full and open competition applicable
to acquisitions executed in response to the national emergency.
The declared national emergency is, by its nature, of such
an unusual and compelling urgency that the Government and the public could be
seriously harmed unless the agency is permitted to limit the number of sources
from which it solicits bids or proposals. This approval and waiver is granted for use on
DOI acquisitions for goods and services (including A&E and construction) in
support of responses to the national emergency. This includes any related recovery efforts as
well as any enhanced security efforts deemed to be urgently needed in order to
prevent/mitigate future acts of terrorism.
It is anticipated that actions taken under this approval
will be of such unusual and compelling urgency that:
(1) The total value of
this class action cannot be predetermined.
(2) The nature of the emergency as opposed to a contractor's
unique qualifications will require the use of this approval.
(3) The contracting officer will not have access to (in
terms of time, in the need for security, and via communications or
transportation restraints) sufficient numbers of vendors to achieve normal competition. Therefore, the extent of limited competition
utilized and the selection of the applicable contractor shall be at the
discretion of the procuring contracting officer.
(4) Market research, beyond locating the most available
responsible vendor, may require time not available in the circumstances. Nevertheless, to the extent that time is available,
as determined by the contracting officer, it shall be performed.
(5) The contracting officer's signature on the award will
evidence that the anticipated costs to the Government are expected to be fair
and reasonable.
(6) Sources expressing interest: No offerors
are expected to express an interest in any applicable acquisitions since
applicable procurements will not be publicized pursuant to the above waiver of FAR
5.2 publication requirements. However,
if any source expresses an interest, the contracting officer shall document the
file to record that fact and how the matter was resolved.
(7) Actions to overcome barriers to competition: Due to the
unusual and compelling nature of the national emergency, no such actions to
overcome barriers to competition need be taken.
(8) The extent and nature of harm to the Government or the
public cannot be known in advance of this justification.
Limitations: (1) Contracts utilizing this class
justification and valued at more than $10,000,000 life-cycle cost shall be
pre-approved by the Senior Procurement Executive. (2) New service contracts issued utilizing
this class justification shall not have a period of performance longer than one
year and whenever possible will be awarded for a shorter period reflecting only
the particular task(s) or emergency situation(s) urgently needing to be
addressed. New procurement modifications
to existing contracts shall not extend the term of the contract beyond a
one-year period. Fully competitive service
contracts shall replace the initial emergency contracts to the maximum extent
possible when continuing service is needed. This limitation is not applicable to
construction contracts where completion of the project requires more than a 12
month contract period. (3) This class
justification is limited to requirements of the Department of the Interior, DOI
acquisition offices supporting the acquisition requirements of other Federal
agencies may utilize class justifications issued by those agencies as
authorized by the agencies.
In order for these waivers to be used, the contracting
officer need not add additional documentation to the file beyond:
(1) Before the award is executed, or as soon as possible
thereafter, place a copy of this approval in the acquisition file along with a
short note indicating compliance with the applicable limitations, if any,
listed above.
(2) Place with this
approval in the file, a) a short description of the action; b) a short
description
of the supplies or services required; c) a short description
of the extent of competition pursued or a short description explaining why only
one source was solicited; d) a short description of market research undertaken,
if any, in support of the action; e) list any additional vendors expressing an
interest in the acquisition and a short description of the resolution of their
inquiries; and, f) a signed statement that the award was made in response to
the national emergency and that the descriptions above are accurate
representations to best of his /her knowledge. For brevity, it is suggested that a-f above be
included in one document.
This class justification and approval is accurate and
complete to the best of my knowledge and is effective, as may be amended,
through such time as the national emergency is declared to be at an end. However, its continued utility shall be
reviewed by the Office of Acquisition and Property Management staff on no less
than an annual basis during the period of the national emergency.
Routine acquisitions supporting the agency's mission,
including routine security related acquisitions, are not covered by this
approval and waiver.
/s/
Debra E. Sonderman
Senior Procurement Executive
Director, Office of Acquisition and Property Management
Date 5/27/03