A.02.13 NAB_COVID ACF PH2 J&A Hagerstown Correctional ACF.pdf

Digitally signed by

BECK.PAULA.M.1041789456

Date: 2020.05.01 14:47:20 -04'00'

BROWN.TRISTA

N.S.1394813717

Digitally signed by

BROWN.TRISTAN.S.13948137

Date: 2020.05.05 12:35:10 -04'00'

SEE APPROVAL PAGE

30 APR 20

1 May 20

29 APR 20

29 APR 20

NAB20-0031

After-the-Fact Justification and Approval for

Other than Full and Open Competition

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers (USACE), Baltimore District (CENAB), Contracting Division, Baltimore, MD

2. DESCRIPTION OF ACTION: In support of Presidential National Emergency Declaration Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, dated 13 March 2020, after the-fact approval is requested for a Justification and Approval (J&A) for a two-phase design build construction, firm fixed price (FFP) Letter Contract awarded to Clark Construction Group, 7500 Old Georgetown Rd, Bethesda, MD 20814-6133, on an other than full and open competition/sole-source basis under circumstances of Unusual and Compelling Urgency. The action was awarded as an Undefinitized Contract Action (UCA) and will be definitized as a FFP "C-type" contract. This contract was terminated for convenience on April 23, 2020 due to the State of Maryland cancelling this requirement. The type of funds utilized are Federal Emergency Management Administration (FEMA) Disaster Relief funds. There were no options identified for the contract.

3. DESCRIPTION OF SUPPLIES/SERVICES: The purpose of this contract was to provide design-build construction services in accordance with the Presidential National Emergency Declaration. The work effort consisted of the design and construction to retrofit Building 192 of the Hagerstown Correctional Facility in Hagerstown, Maryland into a Non-Acute Alternate Care Facility (ACF) that can meet basic healthcare functions with an emphasis on patient care, infection control, fire protection, and life safety. The temporary ACF shall also serve as a satellite patient ward supported by an on-site infirmary and a nearby full service hospital. The on-site infirmary and full service hospital would, however, provide the logistics, materials, waste management support, and nutrition care. This Justification is for the temporary Non-Acute ACF in Hagerstown, MD. The estimated total value of the contract awarded under this J&A was $5,000,000.00 based on the Government's estimate for the project and the not-to-exceed (NTE) amount for the awarded UCA. The period of performance for the design-build contract was anticipated to be three weeks in total and performance began immediately upon award of the UCA in order to meet this aggressive schedule. The requirement was subsequently canceled and the contract is being terminated for convenience. Negotiation of a termination settlement is underway.

4. AUTHORITY CITED: lOU.S.C. § 2304(c)(2), as implemented by Federal Acquisition Regulation (FAR) 6.302-2, Unusual and Compelling Urgency.

5. REASON FOR AUTHORITY CITED: Consistent with Defense Federal Acquisition Regulation Supplement (DF ARS) Procedures, Guidance and Information (PGI) 206.302- 2(b ), "use of this [ unusual and compelling urgency] authority may be appropriate . . . [for] construction needed at once because of fire, flood, explosion, or other disaster." In support of the Presidential National Emergency Declaration, the agency's need for this construction was of such an unusual and compelling urgency that the Government would have been seriously injured unless the agency was permitted to sole-source a contract to the single firm selected from the group of firms that were down-selected after Phase I of this two-phase design-build acquisition.

MORROW.PATRI

CIA.1367939946

Digitally signed by

MORROW.PATRICIA.1367939946

Date: 2020.05.01 15:42:34 -04'00'

MORROW.PATRI

CIA.1367939946

Digitally signed by

MORROW.PATRICIA.1367939946

Date: 2020.05.01 15:43:29 -04'00'

5 May 2020