A2-6 J_A FAR Part6 COVID19 Urgency Lodging and Meals_Statewide MOARNG.pdf

Control Number: 20-001

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

Justification Review Document FAR 6.302-2 Other than Full and Open Competition

Urgent and Compelling for COVID-19

Program/Equipment: Lodging and meals at various locations within Missouri ISO COVID-19 Operations

Authority: 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency.

Amount: $626,084

Prepared by:

Typed Name: Craig L. Lueckenotto DSN: 555-9627

Title: Contract Specialist Date: 20200422

E-mail: craig.l.lueckenotto.civ@mail.mil

Contracting Officer:

Typed Name: Kerrey A. Renkemeyer DSN: 555-9847

Date Reviewed: 20200422 E-Mail: kerrey.a.renkemeyer.civ@mail.mil

Technical Representative:

Typed Name: SGT Justin H. Hertzing DSN: 555-9716

Title: Budget Analyst Date Reviewed: 20200422

Requirements Representative:

Typed Name: CPT Mitchell W. Woodrum Com: 573-638-9500 ext. 37271

Title: Resource Manager Date Reviewed: 20200422

(See FAR 2.101 and 3.104-4)

Reviews

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

Legal Counsel

Typed Name: LTC Anthony W. Horvath DSN: 555-9537

Signature: _________________________________ Date: 20200423

Advocate for Competition

Typed Name: Timothy N. Kohls DSN: 555-9707

Signature: _________________________________ Date: 20200423

(See FAR 2.101 and 3.104-4)

Justification and Approval FAR 6.302-2 Other than Full and Open Competition

Urgent and Compelling for COVID-19

1. Contracting Activity: USPFO-MO Purchasing and Contracting Office W912NS.

2. Description of Action: This is for a new contract action utilizing Military 502(F) funds in support of COVID-19 response on a Firm Fixed Price Contract.

3. Description of Supplies/Services: Lodging and meals at various locations within Missouri ISO COVID-19 Operations.

Period of Performance: 04/23/2020 to 05/22/2020 Total Value: $626,084

4. Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

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.

The MOARNG G-4 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, MOARNG G-4 has an urgent need for lodging and meals. These lodging and meals are required in order to protect the public from the spread of (or isolate people infected with) COVID-

19. This requirement looks to minimize exposure to, and prevent community spread of, COVID-19 by providing properly trained and equipped personnel to move about the areas they serve to provide food supplier and testing facility support.

Every day that passes confirmed COVID-19 cases spike and the death toll increases. It is imperative that these lodging and meals 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.

(See FAR 2.101 and 3.104-4)

The Soldiers utilizing the lodging and meal support are supporting initiatives throughout the communities. The Drury Inn is uniquely qualified to meet this urgent need as their business model requires no modification to support the multiple locations and meal requirements versus other hotel chains which do not offer full menu meals with the protein and variety required.

(a) A resource request for lodging and meals was received by the G-4 on 22 APR 2020 to support Soldiers being mobilized to the cities and communities requiring support not later than 23 APR 2020.

(b) Failure to provide this lodging would compel the Soldiers to stay in small armories with limited toiletry access causing congestion and would be counter-intuitive to the goals of social distancing required by WHO/CDC guidelines.

(c) Multiple lodging properties were contacted and were unable to meet the entirety of this requirement. The contact spreadsheet is located in the contracting office which documents the lengths achieved by the market research team to identify potential vendors.

(d) Since urgency is the determined basis, the following are required:

1. Community spread in the COVID-19 pandemic is well documented requiring personnel with proper training to reduce the spread by utilizing PPE while supporting local community requirements.

2. Each Soldier requires a single occupancy room with to-go boxed meals to reduce the amount of time Soldiers are together in community areas which will reduce the potential for spread of the virus.

3. Serious injury to the Government would occur if not limited to this sole source acquisition to include: 1) Labor involved in soliciting the 6 requirements individually by region, 2) Delays in supporting the communities, 3) Administering the individual contracts and the separate vendors.

4. Other vendors do not have the breadth of room availability offered by Drury hotels along with the meals required.

(e) Alternatives: No identified hotel property or chain offered the breadth of locations and services available from the Drury hotel company.

(f) Address the following as applicable.

1. The minimum requirements of the MOARNG is for 30 days of lodging and meals.

2. Competition would have been feasible if more time were available to properly solicit on Contract Opportunities in beta.SAM.gov.

(See FAR 2.101 and 3.104-4)

3. 10 March 2020 U.S. Army Europe (USAREUR) FRAGORD 5 to USAREUR TASKORD 20-0004 (USAREUR Response to Potential Outbreaks of Corona Virus Disease 2019). MOARNG G-4 received the resource request on 22 APR 2020 with a support start date of 23 APR 2020.

4. RESERVED.

6. Efforts to Obtain Competition: Efforts were made to identify potential vendors at each location by calling known vendors as advertised through Google Map searches, SAM.gov registries, and other internet search engines. This J&A will be posted to Contract Opportunites IAW FAR part 5 requirements after award is made. The exception in FAR 5.202(a)(2) applies to soliciting the requirement which would cause undue injury to the Government by failing to execute the requests of the public.

7. Actions to Increase Competition: Strategic market research will continue to identify potential vendors and work with them if not registered in SAM.gov so they are prepared to properly compete on future requirements of this type.

8. Market Research:

Market research was conducted from on 22 APR 2020 by the requiring activity and contracting team: SGT Justin Hertzing, Ms. Kris Lau, Mr. Hediberto Roman, Mr.

Brendon Bennett, and Mr. Craig Lueckenotto. Market research was minimal due to the urgent nature of this emergency procurement and the lack of requirements package and historical data for this requirement.

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:

-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.

The WHO declared the global COVID-19 outbreak a pandemic on 11 March 2020, 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, 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

(See FAR 2.101 and 3.104-4) 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.

This requirement seeks to minimize exposure to and prevent community spread of COVID-19 by providing properly trained and equipped personnel to move about the areas they serve to provide food supplier and testing facility support.

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

-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.

The following websites were queried and none of them could provide the required lodging and meals within the required timeframe. These supplies must be available on 23 APR 2020 or the Soldiers will be unable to support the communities who have requested their support which has been approved by FEMA.

The Service Contract Labor Standards does not apply to the action to obtain lodging and meals in accordance with FAR 22.1003 Applicability as the MOARNG is not utilizing the full capacity of the hotel property. This service with PSC V231 is being procured as a supply.

9. Interested Sources: As shown in the market research, interest is limited as many Offerors cannot provide the required quantities of the supplies within the required timeframes to meet the needs of the Government in order to protect public health.

Supplies:

46 vendors within the area were contacted to see if they could meet the needs of the requirement. These supplies are required urgently.

(See FAR 2.101 and 3.104-4)

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: 20200423

Typed Name: SGT Justin Hertzing Title: Budget Analyst

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: 20200423

Typed Name: CPT Mitchell W. Woodrum Title: Resource Manager

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.

The price on this action is less than the GSA Per Diem rate and less than what has been paid on recent contract actions of similar type, which both were previously found fair and reasonable.

Signature: ________________________________ Date: 20200423

Typed Name: Kerrey A. Renkemeyer 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: 20200423

Typed Name: Kerrey A. Renkemeyer Title: Contracting Officer

(See FAR 2.101 and 3.104-4)

Approval

Based on the foregoing justification, I hereby approve the procurement of lodging and meals being procured at $626,084 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(2) Unusual and Compelling Urgency, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: _____________________________ Date: 20200423

Typed Name: MAJ Joseph P. Caldwell Title: Chief of Contracting Office