This document is designed to provide DOT Contracting Officers with prompt access to urgent contracting information and guidance. It may be copied and included in OA Emergency Contracting Tool Kits.
Additional ideas and comments are solicited and the version date will be changed as updates are provided. Please send ideas and comments to lenita.ahmadi@dot.gov
TABLE OF
CONTENTS
The September 11, 2001 attacks on the
United States emphasize the need to remain prepared for emergencies and other
contingencies. Since such
contingencies may adversely affect public and Government operations in various
areas, contracting personnel should ask questions such as: (1) Am I prepared to
respond quickly and efficiently to any disruption which may arise at my
organization? (2) Are the DOT contractors prepared to respond to crises? (3) How will I respond to the needs of
my customers?
Reminder: FAR
26.2 gives preference to local businesses for disaster
relief operations.
Operating Administration Responsibilities
Our
objective is to ensure that DOT contracting activities will be able to satisfy
their customers by carrying out day-to-day contracting functions in the face of
emergencies such as attacks, accidents, floods, earthquakes, tornadoes, fires,
etc. Therefore, the Head of the Contracting Activity (HCA)
must:
Unless
otherwise specified by the HCA, the Chiefs of Contracting Offices (COCO) will be
responsible for maintaining an emergency contracting tool kit for their offices
and at least one Contracting Officer from each contracting office must retain a
kit off-site. To ensure
preparedness, emergency contracting kits should be tested, but the obligation of
funds is not authorized.
DEPARTMENT
OF TRANSPORTATION
Emergency
Contracting Tool Kit
At
a minimum, each Emergency Contracting Tool Kit must contain the
following:
We
recommend that each Emergency Contracting Tool Kit
include:
A
hard or electronic copy of the "most likely to be used" FAR, TAR and TAM parts
(e.g., Parts 6, 13, 15, 16 and 19). Also, the names, including telephone numbers
of OST, M-60 procurement analysts and their assigned FAR parts. See website: http://www.dot.gov/ost/m60/earl/listparts.htm.
Obtaining an Urgent Class Deviation
to the FAR, TAR, or
TAM
OSPE
provides rapid approval of class deviations to the FAR, TAR and TAM. The DOT Contracting Officer need only
answer the questions below and remit to the DOT Senior Procurement Executive:
David
Litman
(202)
366-4263
FAX (202) 366-7510
david.litman@dot.gov
Questions
for requesting an emergency class deviation to the FAR, TAR, or
TAM.
ANSWER:
ANSWER:
ANSWER:
ANSWER:
This
emergency action was approved by:
Date/Time:
____________________________________________________
Potential
Sources for Urgent Contracting
The Air Force Contract Augmentation Program (AFCAP)
Contracts No. FA3002-06-D- xxxx, (0001
through 0006 dependant on vendor)} a multi-vendor, open-ended, Indefinite
Delivery/Indefinite Quantity (ID/IQ), task order-styled contract aligned to
leverage capability from the commercial sector in meeting U.S. Government &
National Command Authority partners contingent requirements. The contract,
awarded November 8, 2006, includes a base year with nine one-year options and is
available to all military, U.S. Governmental agencies, NATO, multi-national and
coalition forces. The requirements under AFCAP include:
I take exception to the Army’s statement on their LOGCAP program which states,
“This contract vehicle is broader in scope than the AFCAP contract.” This is
not the case.
Engineer and services for base sustainment; construction and
supply support to expand operational capability or replace of war reserve
materiel assets during extended military operations; base recovery operations as
a result of natural disasters, accidents, or terrorist attacks; and backfill of
base sustaining forces at any installation worldwide.
More specifically, the requirements include the full scope of
civil engineer and services capabilities, to include, but not limited to:
professional engineering services and infrastructure support including
architectural and engineering design, maintenance, repair, and construction;
emergency management; structural fire protection; force protection measures such
as facility hardening; dispersal; obstacles, and redundancy measures;
reconstitution of assets; non-environmental site restoration; environmental
management services including hazardous materials/waste permits, management, and
disposal, EOD aircraft gunnery range operations; fire-crash-rescue at specified
locations; contingency supply replenishment; and all Services capabilities to
include, but not limited to: food service, troop support, lodging, laundry,
fitness, and recreation.
The multi-vendor contractors (Primes) include: 1) Bechtel; 2) CH2M Hill &
Kellogg Brown & Root, Joint Venture; 3) DynCorp; 4) Readiness Management
Support; 5) URS & Louis Berger, Joint Venture; 6) Washington Group. Each has
wealth of expertise in dealing with continuity of services in emergency and
crisis situations. The contracting officer, James Garred, can be reached by
telephone at 850-283-6344 or 24-hour cell phone (850) 774-6436 or e-mail at
james.garred@tyndall.af.mil.
For a fact sheet on AFCAP visit:
http://www.afcesa.af.mil/userdocuments/periodicals/agrams/2006/Agram%2006-02%20AFCAP.pdf
Additional information on AFCAP is also available at:
https://wwwmil.afcesa.af.mil/Directorate/CEX/CEXX/AFCAP/default.html
(assessable from a "dot-mil” or “dot-gov” computer system) or from
http://www.afcesa.af.mil/cex/cexx/cex_afcap.asp (public web site)
The Navy’s
CONCAP (Construction Capability) contract provides the capability to
supplement permanent organizations for rapid response to contingency operations.
The CONCAP contract, administered by the Naval Facilities Engineering Command,
is similar to the Army's Logistics Civil Augmentation Program (LOGCAP) and the
Air Force's AFCAP, but is more narrowly focused on construction and
construction-related services.
Representative examples of potential construction tasks from the statement of
work include—
·
Force
Sustainment
·
Retrograding
Equipment and Supplies
·
Construction
Support
·
General
Logistics Services
·
Augmentation
to Engineer Units
·
Facility
Engineer Support
Visit
http://www.amc.army.mil/amc/ci/pubs/p700_30.pdf
for more information.
For the sources below and others, please visit the Acquisition Central site.
Urgent
Contracting Processes – A Guide and References
There
are a multitude of methods and forms available to acquire goods and services in
emergency situations. The quick
guide below addresses immediate, direct acquisitions. Other methods available include orders
under existing contracts, use of Federal Supply Schedules and, potentially,
contract modifications. The FAR is
replete with contracting media such as purchase orders, unpriced purchase orders, and several standard forms. The quick guide below assumes little
capability to structure a complex contract, and attempts to avoid electronic
media or media with limited applications.
NOTICE: Please be aware that when following a
link to the FAR, links are only available to the subpart level, and you may have
to scroll down to the specific section.
Parts beginning with a “.00X” section (e.g., parts 5, 6, 13 and 19)
contain both “.00X” and “.10X” sections on the same page and may require
scrolling to get to the “.10X” sections.
The FAR cites are as of FAC 97-27 (
Quick Guide for new acquisitions up to $2,500:
Quick Guide for new acquisition over $2,500 up to $10,000:
Quick Guide for new acquisitions over $10,000 and up to $25,000:
Quick Guide for new acquisitions over $25,000 and up to $100,000:
Quick Guide for new emergency acquisitions over $100,000 and up to $5,000,000 using Commercial Item processes [ FAR 13.5]:
Quick
Guide for new emergency acquisitions over
$100,000 "non-commercial" FAR processes:
This
guide is limited because over this threshold complexities and variations are
significant. Below is a process that can expedite applicable
acquisitions.
Special Emergency Procurement Authority
New emergency response authorities have been provided under the Services
Acquisition Reform Act (SARA), which was enacted as Title XIV of the National
Defense Authorization Act, Section 1443, to provide Special Emergency
Procurement Authority. This Section
is codified at 41 USC 428a. The
authorities of this section apply for support of a contingency operation; or to
facilitate the defense against or recovery from nuclear, biological, chemical,
or radiological attacks against the
Section 1443 increased procurement thresholds and made definitional changes,
which were implemented in the Federal Acquisition Regulation (FAR Part 2.1) as
follows:
“Contingency
operation” (10
U.S.C. 101(a)(13)) means a military operation
that—
(1)
Is designated by the Secretary of Defense as an operation in which members of
the armed forces are or may become involved in military actions, operations, or
hostilities against an enemy of the United States or against an opposing
military force; or
(2)
Results in the call or order to, or retention on, active duty of members of the
uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of
10 U.S.C., chapter 15 of 10 U.S.C., or any other provision of law during a war
or during a national emergency declared by the President or
Congress.
(1) For construction subject to
the Davis-Bacon Act, $2,000; and
(2) For acquisitions of supplies or services that,
as determined by the head of the agency, are to be used to support a contingency
operation or to facilitate defense against or recovery from nuclear, biological,
chemical or radiological attack as described in 13.201(g) (1), except for
construction subject to the Davis-Bacon Act (41 U.S.C. 428a)--
(i) $15,000 in the case
of any contract to be awarded and performed, or purchase to be made, inside the
(ii) $25,000 in the case of any contract to be
awarded and performed, or purchase to be made outside the
“Simplified
acquisition threshold”
means $100,000, except for acquisitions of supplies or services that, as
determined by the head of the agency, are to be used to support a contingency
operation
or to facilitate defense against or recovery from nuclear, biological, chemical,
or radiological attack (41 U.S.C. 428a), the term
means--
(1)
$250,000 for any contract to be awarded and performed, or purchase to be made,
inside the
(2)
$1 million for any contract to be awarded and performed, or purchase to be made,
outside the
FAR Part 12, Subpart
12.102: (f)(1) Contracting officers may treat any acquisition of
supplies or services that, as determined by the head of the agency, are to be
used to facilitate defense against or recovery from nuclear, biological,
chemical, or radiological attack, as an acquisition of commercial items.
(2) A contract in an amount greater than $15,000,000 that is awarded on a sole
source basis for an item or service treated as a commercial item under paragraph
(f)(1) of this section but does not meet the definition of a commercial item as
defined at FAR 2.101 shall not be exempt from—
(i) Cost accounting
standards (see Subpart 30.2); or
(ii) Cost or pricing data requirements (see
15.403).
FAR Part 13, Subpart 13.201: (g) (1) For acquisitions of supplies or
services that, as determined by the head of the agency, are to be used to
support a contingency operations or to facilitate defense against or recovery
from nuclear, biological, chemical, or radiological attack, the micro-purchase
threshold is--
(i) $15,000 in the case of any contract to be awarded and
performed, or purchase to be made, inside the
(ii) $25,000
in the case of any contract to be awarded and performed, or purchase to be made,
outside the
(2)
Purchases using this authority must have a clear and direct relationship to the
support of a contingency
operation or the defense against or recovery from nuclear,
biological chemical, or radiological
attack.
FAR Part 13,
Subpart 13.5: (e) Under
41 U.S.C. 428a, the simplified acquisition procedures authorized by this test
program may be used for acquisitions that do not exceed $10 million
when—
(1) The
acquisition is for commercial items that, as determined by the head of the
agency, are to be used in support of a contingency
operation
or to facilitate the defense against or recovery from nuclear, biological,
chemical, or radiological attack.
FAR Part 19, Subpart 19.9, Section 19.903:
(b) The Very Small Business Pilot Program does not apply to—(1) Acquisitions that will be awarded pursuant to the 8(a) Program;
(2) Any requirement that is subject to the Small Business Competitiveness Demonstration Program (see Subpart 19.10); or
(3)
Acquisitions of $15,000 or less for acquisitions of supplies or services that,
as determined by the head of the agency, are to be used to support a
contingency
operation or to
facilitate defense against or recovery from nuclear, biological chemical or
radiological attack as described in 13.201(g)(1).