Good afternoon - below is some unsolicited advice from Wendy Ellard with Baker Donelson which expands on the importance of FEMA procurement compliance and how to avoid impermissible piggy-backing.

Michelle Hershel
Director of Regulatory Affairs
Florida Electric Cooperatives Assoc.
2916 Apalachee Parkway
Tallahassee, FL  32301
Cell:  (850) 510-1693
(850)877-6166, ext. 3

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From: Huff Ellard, Wendy <wellard@bakerdonelson.com>
Sent: Monday, September 26, 2022 1:09 PM
To: Michelle Hershel <mhershel@feca.com>

Also, I am getting a few questions from folks on use of contracts procured by others.  In order for a coop to use the contracts procured by another coop, ideally the coop would have participated in the procurement from the outset and the scope included in the solicitation/RFP.  Otherwise there is a risk that FEMA may view it as impermissible piggy-backing.  If a coop does not have its own pre-event contracts that were properly procured, or (heaven forbid) is hit so bad that it needs additional resources, use of a neighbor's properly procured contracts is better than no procurement at all.  These contracts should at least include the required federal terms and there should be a cost comparison to use for the cost analysis.  The contractor would also presumably be a "responsible contractor" since chosen by another coop.  The contract should also be reviewed to confirm its assignable.

Just a reminder for any emergency contract (or use of a neighbor's) - need:

  *   Cost analysis to confirm pricing is reasonable for the work needed (ideally before but at least as quickly as possible after)
  *   All federal terms in the contract (same but can amend if needed)
  *   No CPPC
  *   Need NTE for T&M
  *   Need to document justification if emergency contract (can be done after the fact if needed)

Stay safe!

Wendy Huff Ellard -
Direct: 601-969-4681
Email: wellard@bakerdonelson.com<mailto:wellard@bakerdonelson.com>
www.bakerdonelson.com<http://www.bakerdonelson.com/>