A3 DS FAR Part 13.5 ROM Hotel Justification for Other than Full and Open Competition.pdf

Justification for Other than Full and Open Competition

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13.5

I. BACKGROUND:

1. FAR 13.106-1(b)(2) states For purchases exceeding the simplified acquisition threshold.

The requirements at 13.501(a) apply to sole-source (including brand-name) acquisitions of commercial items conducted pursuant to subpart 13.5.

2. As required by FAR 13.501(a) Sole source (including brand name) acquisitions.

(1) Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6. However, contracting officers must-

(i) Conduct sole source acquisitions, as defined in 2.101, (including brand name) under this subpart only if the need to do so is justified in writing and approved at the levels specified in paragraph (a)(2) of this section;

(ii) Prepare sole source (including brand name) justifications using the format at 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C.1901 or the authority of 41 U.S.C.1903;

(iii) Make publicly available the justifications (excluding brand name) required by 6.305(a) within 14 days after contract award or in the case of unusual and compelling urgency within 30 days after contract award, in accordance with 6.305 procedures at paragraphs (b), (d), (e), and (f); and

(iv) Make publicly available brand name justifications with the solicitation, in accordance with 5.102(a)(6).

3. As required by FAR 13.501(b)(2) Justifications and approvals are required under this subpart for sole-source (including brand-name) acquisitions or portions of an acquisition requiring a brand-name. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion.

(ii) For a proposed contract exceeding $700,000, but not exceeding $13.5 million, the advocate for competition for the procuring activity, designated pursuant to 6.501; or an official described in 6.304(a)(3) or (a)(4) must approve the justification and approval.

This authority is not delegable.

II. DESCRIPTION OF ITEM OR SERVICE:

1. Marine Forces Reserve Regional Contracting Office received the requirement to procure lodging, food, and laundry services. These services will begin on 1 August 2020 and continue through 31 August 2020.

This requirement is to procure lodging in support of personnel that require quarantine, shelter and food each day for the aforementioned dates. The hotel stay shall include the following:

- two-hundred and seventy-eight (278) rooms;

- 3 catered box meals a day (breakfast, lunch, dinner) for 278 people; eight-hundred and thirty-four (834) meals total;

- Laundry services or use of laundry facility within hotel.

The pre-negotiated cost of this requirement is approximately $1.5 million.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

C. _X_URGENT AND COMPELLING. Definition The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; and delay in a contract award would result in serious injury, financial or other, to the Government. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

a. 9 July 2020

2. Required delivery date/period of performance:

a. 01 August 2020 – 31 August 2020

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

The lodging, food, and laundry services are being procured in support of a declared COVID-19 Restriction of Movement (ROM) Contingency Operations.

The requirement to lodge and feed MFR Marines and Sailors was identified on 9 July 2020. Prior to that, this requirement was being handled by the Gaining Force Command, MCRD Parris Island. Due to an unexpected surge in recruit training, the awarded contract did not procure enough rooms to support both the Task Force mission and the inbound force for their Restriction of Movement procedures and turnover. As such, this requirement was tasked to MARFORRES RCO and requires an expedited timeline which does not afford the opportunity to contract via the normal process. This is a no fail mission with visibility from the highest levels of the Department of Defense and higher headquarters have authorized the use of a single source lodging and meal solution. Delay of this award because of competition requirements would present extremely high risk to mission failure and the activation of the 278 Reserve Marines across the nation to support the COVID-19 Contingency Requirement.

The hotel location MUST be within a half-mile radius of the Sheraton hotel Downtown Atlanta; 165 Courland St NE, Atlanta GA 30303. This location will ensure accurate accountability, ease of movement, as well as the overall safety of military personnel. If this requirement is not met within the specified timeframe, it will essentially degrade the overall mission of the Marine Forces Reserve Unit.

This degradation includes, but is not limited to, delayed training efforts, and the delay of future deployment and training operations. Additionally, without the option to quarantine for 14 days prior to training, there is an increased probability that Marine personnel could spread and infect others with the COVID-19 virus. The delay of this contract award to meet competition requirements would present exceptional risk of mission failure to the Government.

4. Due to COVID-19, and the National importance of continuing basic training for the United States Armed Services, the U.S. Marine Corps is seeking a suitable venue with the capability to isolate groups of poolees for approximately two weeks before they are transported to Marine Corps Recruit Depot, Parris Island (MCRDPI), South Carolina for basic training. This restriction of movement (ROM) is intended to help reduce the spread of COVID-19 amongst the recruit population and training staff at MCRDPI. The ROM lodging requirement shall take place at a location away from MCRDPI so as to prevent the need to evacuate poolees during destructive weather events that often impact the Atlantic coastal region. Contract performance shall include week days, weekends, and all holidays.

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

C. Legal Review: I have reviewed this justification.

D. Competition Advocate Marine Forces Reserve: I certify that this justification is accurate and complete to the best of my knowledge and belief.