April 8, 2020

Donald J. Trump
President of the United States
1600 Pennsylvania Avenue NW
Washington, D.C. 20500
Dear President Trump:
We write with deep concern about the lack of clear coordination to procure and prioritize
necessary personal protective equipment (PPE), ventilators, testing kits, and other critical medical
resources to meet the United States’ needs amidst the global COVID-19 pandemic. We understand
there are numerous task forces and councils discussing this issue, but want to reiterate the dire
need to aggregate our nation’s demand, and your vital role to move quickly in awarding contracts
to companies to produce these goods. It is clear that multiple industries along the medical supply
and equipment supply chain are willing to assist, and while the Administration has partially
invoked the Defense Production Acti (DPA), now is the time to use every authority available to
the federal government, including emergency contracting procedures ii , to shorten the delivery
timeline to American communities in urgent need. The safety and lives of our health care, first
responder, and essential workforces are counting on bold actions which meet the magnitude of the
crisis.
We recognize and appreciate the significant role the Joint Acquisition Task Forceiii at the
Department of Defense and U.S. agencies iv have already played in attempting to mitigate this
tragedy and acknowledge that current circumstances present a difficult and complex environment
for efficient, needs-based delivery of PPE and testing, but we must do all we can to ensure that
Americans are protected to the maximum extent possible. It has been four weeks since the COVID19 pandemic was declared a national emergency, yet we still lack a coherent strategy and the level
of tactical contracting that leverages all federal agencies’ ability to tap into their existing networks
to fully assess and utilize the commercial sector’s ability to assist.
It is time to utilize other authorities available under DPA. By exercising prioritization
mechanisms under DPAv, the Administration has both the opportunity to directly protect front line
workers and incentivize states to further coordinate with each other with the knowledge that

 additional vital protective equipment orders will be fulfilled. As you know, the response to this
crisis requires a whole of government effort, which means FEMA and HHS must use every tool at
their disposal, including utilizing the contracting expertise and manpower available at the
Department of Defense and other federal agencies through necessary assisted acquisitions,
interagency agreements, and logistical support.
Every day that goes by without the award of targeted contracts increases risk of damage to
our nation’s health. Contracts would provide a clear demand signal from the federal government
regarding the rapidly growing need to incentivize companies to pivot to producing medical
supplies. In light of the global COVID-19 pandemic, we urge you to accelerate the timeline for
issuing contracts under disaster authorities, assess the U.S. demand in light of the use of the
Strategic National Stockpilevi for U.S. response including for the benefit of state response efforts,
and allow federal agencies to leverage their assets and industry partners to combat this disease in
every way possible. The federal government should be coordinating with states to procure and
distribute supplies, not forcing them into a bidding war. With a clear strategy to issue contracts for
PPE, ventilators, and testing to identify positive cases and antibodies for those who have had the
virus, we can assist the healthcare professionals in dire need. More can be done to leverage industry
and researchers’ ability to help curb this pandemic.
We look forward to your response and a clear, coordinated strategy as soon as possible.

Sincerely,

Adam Smith
Chairman
House Committee on Armed Services
AS:hnl

Bennie G. Thompson
Chairman
House Committee on Homeland Security
BGT:an
cc:

Frank Pallone, Jr.
Chairman
House Committee on Energy and Commerce
FP:kt

 The U.S. Department of Health and Human Services
The U.S. Department of Homeland Security
The U.S. Department of Defense

50 U.S.C. 4501 et seq
Federal Acquisition Regulation Part 18
iii https://www.acq.osd.mil/jatf.html
iv https://www.acquisition.gov/coronavirus
v 50 U.S.C. 4511
vi 42 U.S.C. 247d-6b
i

ii