1May20_signed_ J_A LIMITED SOURCES JUSTIFICATION FAR 13_5 COVID-19 Urgency Multiple award BPA.pdf

Control Number: 20-010

For Official Use Only (See FAR 2.101 and 3.104-4)

(March 2020)

Justification Review Document

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – LIMITED SOURCES JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

Program/Equipment: Prepared Food/Meals/Subsistence Multiple Award Blanket Purchase Agreements (BPAs)

Authority: Special Emergency Procurement Authority, 41 U.S.C. 1903; Simplified Procedures for Certain Commercial Items as implemented by FAR Subpart 13.5.

Amount: $1,300,000.00 increase to combined BPA Maximum Threshold

Prepared by:

Typed Name: Jean Greenwood Phone: (339) 202-3829

Title: Contract Specialist Date: 27 April 2020

E-mail: jean.t.greenwood.civ@mail.mil

Contracting Officer:

Typed Name: Erika Reinikainen-Rovinelli Phone: (339) 202-3867

Date Reviewed: 28 April 2020 E-Mail: erika.l.reinikainen-rovinelli.civ@mail.mil

Technical Representative:

Typed Name: CW3 David Hale Phone: (339) 202-3444

Title: Food Program Manager Date Reviewed: 30 April 2020

Requirements Representative:

Typed Name: MAJ Kimberly Porrazzo Phone: (339) 202-3444

Title: G4 Senior Logistics Management Specialist Date Reviewed: 30 April 2020

(See FAR 2.101 and 3.104-4)

(March 2020)

Control Number: 20-010 Prepared Food/Meals/Subsistence Multiple Award Blanket Purchase Agreements (BPAs); Massachusetts

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: CPT Nathan Band Phone: (339) 202-3818

Signature: _________________________________ Date: 30 April 2020

Advocate for Competition

Typed Name: Ms. Marilyn Hill Phone: (586) 239-5485

Signature: _________________________________ Date: 1 May 2020

BAND.NATHAN.DOBSO

N.1501038292

Digitally signed by

BAND.NATHAN.DOBSON.1501038292

Date: 2020.04.30 11:41:23 -04'00'

Prepared Food/Meals/Subsistence Multiple Award Blanket Purchase Agreements (BPAs); Massachusetts

For Official Use Only (See FAR 2.101 and 3.104-4)

(March 2020)

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – LIMITED SOURCES JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

1. Contracting Activity: United States Property and Fiscal Office (USPFO) – Massachusetts (MA) – Purchasing and Contracting (P&C) Office

2. Description of Action: USPFO-MA-P&C requires approval to raise the combined maximum threshold of Blanket Purchase Agreements (BPA) awarded for the purchase of prepared food/meals/subsistence by $1.3M to support COVID-19 mobilizations and changes to operations driven by World Health Organization (WHO) recommendations to minimize exposure to COVID-19.

If approved, the increase in threshold will be accomplished via modification to the six (6) master Blanket Purchase Agreements for commercial items awarded for this requirement (see table in paragraph (10)(a)(3) for a list of awardees). These Master BPAs allow for issuance of Firm Fixed Price BPA Calls, on a competitive basis, not to exceed the Simplified Acquisition Threshold (SAT); and, where applicable, allow for payments via Government Purchase Card (GPC) under the Micropurchase Threshold (MPT). BPA Calls are funded using Department of the Army General Fund 021 2060 (National Guard Personnel, Army) and are competed among the BPA holders via Request for Quotes. Currently, the total combined purchases under all six (6) Master BPAs may not exceed $950,000.00. This request is for approval to raise the combined maximum purchase limit to $2,250,000.00.

3. Description of Supplies/Services: The USPFO-MA-P&C issued Total Small Business Set-Aside Combined Synopsis/Solicitation W912SV-20-R-0006 for the award of approximately six (6) to nine (9) Master BPAs to provide meals to Massachusetts Army National Guard (MAARNG) soldiers for drill, training periods, and other events as required for four (4) separate regions identified for the Commonwealth of Massachusetts. This acquisition is for the supply of unit priced prepared/boxed meals from the vendors’ regular price lists/menus. Vendors do not provide services (i.e. set up, serving, cleanup, etc.). Initially, five (5) awards were made, however this number of awardees was considered minimally sufficient to support MAARNG locations in all four

(4) regions. Combined Synopsis/Solicitation W912SV-20-R-0009 was subsequently issued seeking to award approximately three (3) additional Master BPAs under the same requirement and combined maximum threshold. One (1) additional award was made.

Period of Performance: The ordering period established for the Master BPAs at award shall not change if this request is approved. Master BPAs were awarded with a maximum 2-year ordering period, unless the maximum threshold should be reached first.

For Official Use Only (See FAR 2.101 and 3.104-4)

Total Value: If approved, $2,250,000.00 for all orders against all Master BPAs awarded for this requirement. This is an increase of $1,300,000.00 from the previous maximum of $950,000.00. The increase represents current and anticipated expenditures to provide meals to Massachusetts Army National Guard soldiers providing direct support to COVID-19 missions and changes to operations driven by World Health Organization (WHO) recommendations for COVID-19.

4. Authority Cited: Special Emergency Procurement Authority, 41 U.S.C. 1903;

Simplified Procedures for Certain Commercial Items as implemented by FAR Subpart 13.5.

5. Reason for Authority Cited:

41 U.S.C. 1903 Special Emergency Procurement authority is authorized because the President of the United States made an emergency determination under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121- 5207 (the "Stafford Act") in response to the COVID-19 pandemic on 13 March 2020.

MAARNG has a public responsibility to comply with the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) guidance to prevent further spread of COVID-19. They are also required to comply with Department of Defense and U.S. Army Europe guidance to implement plans to ensure compliance with directed force health protection measures throughout the area of operations in order to prevent an outbreak of COVID-19 within U.S. personnel (service members, civilians, contractors, and dependents) or confine it to as small a population as possible. In order to comply and put protective measures in place, MAARNG has an urgent need for prepared/boxed meals. These supplies are required in order to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will allow soldiers who have been activated to perform such tasks as swabbing/testing members of the public for COVID-19, providing support for known COVID-19 “hot spots” such as the Soldiers’ Home in Holyoke and other MA medical facilities, and setting up and supplying logistical support for COVID-19 field facilities and isolation areas to consume prepared meals at locations away from their families and other members of the public and at times that support their assigned duty hours, to include those outside of the normal duty day.

Every day that passes confirmed COVID-19 cases spike and the death toll increases. It is imperative that these supplies are obtained as quickly as possible to protect public health. The U.S. Government cannot apply standard procurement times to an acquisition of this urgent nature. Even the short time-lines of 30-60 days to award, could result in hundreds of thousands more being infected and thousands more dying.

The Commonwealth of Massachusetts has been determined to be a COVID-19 “hot spot” among all US states due to the increasing number of infections and deaths. On

For Official Use Only (See FAR 2.101 and 3.104-4)

19 March 2020 Massachusetts Governor Charles (Charlie) Baker, Jr. stated that he will authorize up to 2,000 members of the Massachusetts National Guard in support of this National Emergency. Currently, there are approximately 1,300 Massachusetts National Guard Members mobilized in support of COVID-19 efforts with orders that now extend into the end of May and it is unknown at this time if orders will require further extension or if additional personnel will be needed to augment or replace those already on orders.

The main areas of acquisition support during this mobilization have been in lodging, meals and authorized protective items in order to minimize soldiers’ exposure both to COVID-19 patients and potentially infected soldiers’ exposure to uninfected persons.

6. Efforts to Obtain Competition: As stated in Paragraph 3, two (2) Total Small Business Set-Aside solicitations were issued for three (3) weeks and six (6) weeks, respectively (see paragraph 10.a), in order to obtain a sufficient number of Small Business vendors to serve all four (4) regions of Massachusetts (Northeastern MA/Boston Area, Southeastern MA/Cape Cod, Central MA, and Western MA). Based upon a survey of historical purchases in each region, the MAARNG sought approximately six (6) to nine (9) vendors to provide for competition in each region for MAARNG training and other events where meals are required. Both efforts to solicit this requirement yielded six (6) successful Small Business vendors, some of whom have selected to serve more than one region, out of nine (9) proposals received.

7. Actions to Increase Competition: The current number of vendors allows for sufficient competition for this requirement. USPFO-MA-P&C does not believe that issuing a new solicitation upon the termination of the active set of Master BPAs, which is likely to occur in the next two weeks, for the amount of the requested increase in threshold would yield other qualified vendors in sufficient time to support meal requirements as personnel are mobilized or extended. Although there is not enough time to resolicit for the increase in threshold in time to meet the immediate and ongoing meal requirements for soldiers supporting COVID-19 response, USPFO-MA-P&C intends to increase competition by issuing a solicitation for approximately three (3) additional BPA Small Business awardees to participate in competing for orders under the new combined maximum threshold as soon as possible. This new solicitation will allow the MAARNG to hopefully get closer to the nine (9) BPA awardees originally desired, and to provide additional competition for the Cape Cod and Western MA areas.

As discussed in the Market Research section below, other potential vendors were either unwilling to enter into any sort of contract or BPA with the Government or were unable to respond to the requirements of the solicitation.

Although it is possible to increase the number of BPA holders by issuing another solicitation similar to W912SV-20-R-0009 to fall under the increased threshold requested, the increased threshold is urgently needed now to continue to supply meals to mobilized soldiers in a very short suspense. In addition, the number of BPA holders is

For Official Use Only (See FAR 2.101 and 3.104-4) likely only to increase by one or two vendors. The six (6) current BPA holders provide for ample competition at the order level for each region.

The requested increase is based upon the following:

a. The current $950,000.00 threshold was established to accommodate a two-year ordering period based upon historical spending for normal operational tempo (OPTEMPO). In addition to training events, the solicitation contemplated meals for “other events as required” in order to cover periods of emergency response, such as winter storms, and defense emergencies such as the Boston marathon bombing, which were factored into the historical spending. The sheer magnitude of the COVID-19 response, however, was unforeseen and requires a much larger ordering maximum.

b. Calls were competed in February 2019 for March 2019 meal requirements, mainly for inactive duty training, which totaled approximately $30,000.00. Purchases for COVID-19 (which caused cancellation of April training assemblies) began on 13 April 2020 and by the date of this J&A, an additional ~$685,000.00 (72%) of the total threshold has been used to order meals for mobilized personnel through early May. This leaves only ~$235,000.00 remaining before the BPA will terminate at the current maximum threshold. The requested increase of $1.3M is based upon the amount of threshold used for COVID-19 as of 23 April 2020 (for mobilizations through 8-12 May) plus one (1) additional 30 day mobilization period, or 2x$650k = $1.3M, to provide for the following:

(1) Anticipated extension of orders for currently mobilized personnel as Massachusetts has not past “peak infections” and remains some time away from recovery.

(2) Anticipated augmentation of mobilized personnel as needed for COVID 19

“hot spot” response.

(3) Continuing logistical support for MAARNG personnel who are symptomatic or who have tested positive for COVID-19 and are being quarantined.

(4) Unforeseen meal requirements for newly scheduled home state training due to DoD travel suspension orders and to maintain WHO recommendations.

The current rate of maximum threshold consumption does not allow sufficient time to re-solicit this requirement to fulfill ongoing COVID-19 orders nor will it provide meaningful enhancement of competition that already occurs at the order level.

Any remaining threshold from this increase will be needed for training re-located to MA in order to comply with travel restrictions in the months immediately following COVID-19 response, whenever that occurs.

For Official Use Only (See FAR 2.101 and 3.104-4)

(March 2020)

8. Market Research:

Market research was conducted for the initial BPA solicitation in an ongoing basis and was concluded on 24 October 2019 by the requiring activity and contracting team: Jean Greenwood, Doug Huddy, and CW3 David Hale. Market research techniques used include:

• Contacted knowledgeable individuals in Government, mainly the Program Manager for this requirement in the MAARNG G4 and various supply personnel in each of the four (4) regions, regarding market capabilities in each region to meet requirements.

• Reviewed the results of recent market research undertaken to meet similar or identical requirements. Due to the large number of restaurants in the geographic location concerned, our review focused mainly on past Government Purchase Card (GPC) transactions for the purchase of meals and the number of potential local vendors who have active, or had past (inactive), System for Award Management records indicating that they might be likely participants where orders may be larger and payment timeframes might be longer.

• Reviewing catalogs and other generally available product literature published by vendors available on-line; mainly internet researches to view locations, menus and capabilities of potential vendors.

The MAARNG has historically dealt with approximately fifteen (15) vendors to supply meals for National Guard training and other events. The main issues that have limited competition for this requirement among small businesses have been vendor 1) reluctance to enter into federal contracts, purchase orders or agreements; 2) refusal to invoice in Wide Area Workflow; 3) unwillingness to register in the System for Award Management; and 4) lack of interest in responding to public announcements of Federal contracting opportunities. The six (6) Master BPA holders are small business who have completed all of the above requirements and are able to provide meals to mobilized soldiers immediately using the competitive procedures established for the multiple award BPA.

9. Interested Sources: There are one or two additional small business vendors who have expressed interest in participating in the BPA arrangement for this requirement, however, both were aware of the previous solicitations for this effort and did not submit a responsive proposal and one of them lacks registration in SAM. Approval of this justification to increase the maximum threshold does not prevent the Government from soliciting for additional vendors to participate in this requirement at a future date. All interested sources will be provided the opportunity to participate in future requirements.

For Official Use Only (See FAR 2.101 and 3.104-4)

10. Other Facts:

a. Procurement history.

(1) Solicitation W912SV-20-R-0006 (originally posted as W912SV-20-R-0003 on 25 November 2019 and renumbered on 13 December 2019 due to technical issues with beta-SAM); closed 19 December 2019; issued as competitive total Small Business set aside to award approximately six (6) to nine (9) BPAs. Six proposals were received.

Five (5) BPAs were awarded and one vendor was deemed non-responsible. A Certificate of competency (CoC) was sought for the non-responsible vendor but the vendor never responded to the SBA resulting in closure of the case.

(2) Solicitation W912SV-20-R-0009; posted on 14 Feb 2020; closed 27 March 2020;

issued as a competitive total Small Business set aside to approximately three (3) additional BPAs. Three (2) proposals were received. One (1) additional BPA was awarded and two (2) were non-responsive to the solicitation.

(3) Awardees under the two (2) solicitations in paragraphs 10.a.(1) and (2) above are as follows:

Master BPA No. Vendor Name Solicitation No. Individual Call Limit BPA MAX Threshold** W912SV-20-A-0001 Il Forno’s (CAGE 63P20) W912SV-20-R-0006 $250,000.00 $950,000.00 (shared) W912SV-20-A-0002 The Irish Cottage (CAGE 7H2Y6) W912SV-20-R-0006 $250,000.00 $950,000.00 (shared) W912SV-20-A-0003 Spinelli’s (CAGE 47EZ2) W912SV-20-R-0006 $250,000.00 $950,000.00 (shared) W912SV-20-A-0004 Marshlands (CAGE 72U65) W912SV-20-R-0006 $250,000.00 $950,000.00 (shared) W912SV-20-A-0005 Catering Gourmet (CAGE 74VW5) W912SV-20-R-0006 $250,000.00 $950,000.00 (shared) W912SV-20-A-0006 Hamels (CAGE 6TTE9) W912SV-20-R-0005 $250,000.00 $950,000.00 (shared)

** Individual BPA Master Agreement limits were not established due to the wide disparity in meal requirements for each region. In addition, Master BPA holders may decline to provide a quote for an upcoming order as these vendors have different capacities. The Maximum threshold is shared among all BPA holders, as stated in the solicitations, and individual orders are competed to the maximum extent practicable.

b. Other facts.

In December of 2019 an outbreak of COVID-19 was reported in Wuhan City, Hubei Province, China. The World Health Organization (WHO) states COVID-19 is the infectious disease caused by the most recently discovered coronavirus. They also state in humans, several coronaviruses are known to cause respiratory infections, ranging from the common cold to more severe diseases, such as COVID-19. The WHO states:

“Around 1 out of every 6 people who gets COVID-19 becomes seriously ill and develops difficulty breathing. Older people, and those with underlying medical problems like high blood pressure, heart problems or diabetes, are more likely to develop serious illness.

People with fever, cough and difficulty breathing should seek medical attention.”

The WHO declared the global COVID-19 outbreak a pandemic on 11 March 2020, stating it is a “public health crisis”. The following is information from the WHO website.

The WHO is recommending all countries activate and scale up their emergency response mechanisms utilizing a four-pronged approach. First, prepare and be ready. In other words, prepare your people and your health facilities. Second, detect, prevent, For Official Use Only (See FAR 2.101 and 3.104-4) and treat. Utilize surveillance to find, isolate, test and treat every case in order to break the chain of transmission. Third, reduce and suppress. Reduce transmission by finding and isolating as many cases as possible and quarantining their closes contacts. Protect health facilities, old age homes, and other vital areas. They recommend testing all suspected cases. Fourth, innovate and improve. Find new ways to prevent infection, save lives, and minimize impact. Utilize personal protective equipment. Utilize the WHO training programs, technical guidance, studies, protocols, and preparedness and response plans.

Purchasing meals/boxed lunches under the multiple award BPA at the requested elevated threshold promotes the recommendations above by accomplishing the following:

a. Prepare and be ready by allowing for the rapid placement of BPA Calls for meal requirements as they emerge to support mobilized personnel in rapidly changing missions.

b. Break the chain of transmission by allowing soldiers to isolate from the vendors, other units, their families and the general public during meal consumption. Acquisition of prepared meals in this way prevents soldiers who may be asymptomatic carriers of COVID19 from individually entering a number of markets and other establishments for meals on their own if meal procurement is delayed due to normal acquisition timeframes outside of the established BPAs.

c. These BPAs will be the most effective method to feed soldiers who are quarantined due to positive testing or are symptomatic in order to reduce and suppress transmission.

d. An elevated threshold will allow the MAARNG to be able to be innovative in its approach to comply with DoD travel restrictions by relocating training events to within the state in the immediate aftermath of COVID-19. Meals for training originally scheduled to be conducted out of state may be ordered for in-state training at MAARNG facilities that allow for compliance with WHO recommendations on social distancing.

On January 31, 2020, the United States Department of Health and Human Services Secretary Alex M. Azar II declared a public health emergency (PHE) for the United States to aid the nation’s health care community in responding to COVID-19. On 13 March 2020, the President of the United States of America declared COVID-19 an emergency IAW 42 U.S.C. 5122 (the Robert T. Stafford Disaster Relief and Emergency Assistance Act) which allows for Special Emergency Procurement Authority IAW 41 U.S.C.1903. On 18 March 2020, the President invoked his authority IAW the Defense Production Act. The Act allows the President, where necessary to promote the national defense, may require acceptance and performance of contracts orders by any person he finds to be capable of performing them.

For Official Use Only (See FAR 2.101 and 3.104-4)

To allow the current BPA to terminate when it reaches its maximum dollar amount, as it is likely to do within the next week to two weeks, and re-compete it will result in 1) not having an available ordering vehicle to quickly fulfill government requirements; 2) resulting in numerous separate competitive purchase orders for the same items; and 3) will not likely yield appreciable additional competition as most vendors will either be unprepared for, or uninterested in, responding to the solicitation.

(March 2020)

Control Number: 20-010 Prepared Food/Meals/Subsistence Multiple Award Blanket Purchase Agreements (BPAs); Massachusetts

11. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: 30 April 2020

Typed Name: CW3 David Hale Title: Food Program Manager

12. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: 30 April 2020

Typed Name: MAJ Kimberly Porrazzo Title: G4 SLMS

HALE.DAVID.WILLIAM.

JR.1009665575

Digitally signed by

HALE.DAVID.WILLIAM.JR.1009665575

Date: 2020.04.30 08:55:22 -04'00'

Digitally signed by

PORRAZZO.KIMBERLY.KATHLEEN.12716

17220 Date: 2020.04.30 08:32:34 -04'00'

(March 2020)

Control Number: 20-010 Prepared Food/Meals/Subsistence Multiple Award Blanket Purchase Agreements (BPAs); Massachusetts

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Competition is provided for at the Call level among the Master BPA holders. Although the delta between the original combined Master BPA threshold and the increased threshold will not be competed, competition at the Call level will ensure price reasonableness for orders placed with existing BPA holders. Certified cost and pricing data is not required for commercial items procured with adequate price competition IAW FAR 15.403-1(b)(1) and (3).

Signature: ________________________________Date: 30 April 2020

Typed Name: Erika Reinikainen-Rovinelli Title: Contracting Officer

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: 30 April 2020

Typed Name: Erika Reinikainen-Rovinelli Title: Contracting Officer

REINIKAINEN-

ROVINELLI.ERIKA.LEE.1010526996

Digitally signed by REINIKAINEN-

ROVINELLI.ERIKA.LEE.1010526996

Date: 2020.04.30 10:19:32 -04'00'

REINIKAINEN-

ROVINELLI.ERIKA.LEE.1010526996

Digitally signed by REINIKAINEN-

ROVINELLI.ERIKA.LEE.1010526996

Date: 2020.04.30 10:20:00 -04'00'

(March 2020)

Control Number: 20-010 Prepared Food/Meals/Subsistence Multiple Award Blanket Purchase Agreements (BPAs); Massachusetts

Approval

Based on the foregoing justification, I hereby approve the procurement of prepared/boxed meals for the Massachusetts Army National Guard under an increased maximum threshold of $2,250,000.00 without additional competition pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1903 Special Emergency Procurement as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ________________________________Date: 1 May 2020

Typed Name: Ms. Marilyn Hill Title: Advocate for Competition