Bus Transportation-NYC (Redacted).pdf

Control Number: XXX

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

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

Urgent and Compelling for COVID-19

Program/Equipment: COVID-19 Bus Shuttle Services, New York City

Authority: Title 10 United States Code (U.S.C.) Section 2304(c) (2) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-2 -- Unusual and Compelling Urgency.

Amount: XXX

DSN: XXX

Date: XXX

Prepared by:

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XXX

XXX

Contracting Officer:

XXX

XXX

DSN: XXX

Date Reviewed: XXX

Technical Representative:

XXX

XXX

DSN: XXX

Date Reviewed: XXX

Requirements Representative:

XXX

XXX

DSN: XXX

Date Reviewed: XXX mailto:james.w.bond2.civ@mail.mil mailto:katie.j.lyons.civ@mail.mil mailto:cirildo.guerrero.mil@mail.mil mailto:cirildo.guerrero.mil@mail.mil

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Reviews

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

Program Manager: XXXX

Signature:XXX

Branch Chief: XXX

Signature: XXX

Division Chief: XXX

Signature: XXX

Legal Counsel: XXX

Signature: XXX

Associate Director: XXX

Signature: XXX

DSN: XXX

Date: XXX

DSN: XXX

Date: XXX

DSN: XXX

Date: XXX

DSN: XXX

Date: XXX

DSN: XXX

Date: XXX

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

Urgent and Compelling for COVID-19

1. Contracting Activity: U.S. Army Contracting Command – New Jersey

2. Description of Action: The 3rd Expeditionary Sustainment Command (3rd ESC), requested approval for a new firm-fixed-price contract. Fiscal Year 2020, Operations and Maintenance Funds – Army will be utilized.

3. Description of Supplies/Services: The 3rd ESC requires a Department of Defense (DoD) approved Carrier Bus Shuttle Services for United States Army Service Members providing direct support in New York City, NY in response to the COVID-19 Pandemic.

Period of Performance: Base: 7 April 2020 – 6 May 2020 Option Period One: 7 May 2020 – 6 June 2020 Option Period Two: 7 June 2020 – 6 July 2020

Total Value: XXX

The period of performance for Contract No. W15QKN-20-5021 is for a 30 day base period from the date of the verbal authorization, with two, 30-day options. The inclusion of options is due to the fluidity of the requirement and unknown end date for the COVID- 19 mission in New York City.

4. Authority Cited: Title 10 United States Code (U.S.C.) Section 2304(c) (2), as implemented by Federal Acquisition Regulation (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 3rd ESC 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 DoD 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, the 3rd ESC has an urgent need for bus shuttle services in New York City, NY. These bus shuttle services are required in order to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will protect public health and safety

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by transporting approximately 300 military medical personnel from the Javits Center to various medical facilities.

Every day that passes, confirmed COVID-19 cases spike, and the death toll increases.

It is imperative that these services 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 3rd ESC has an urgent need for a DoD Approved Carrier bus shuttle services for U.S. Army Service Members. This requirement aligns with the WHO’s four-prong strategy as it provides bus shuttle services for the US Service Members who provide critical medical support at the Javits Center in New York City, as the virus spreads.

The 3rd ESC and Army Contracting Command – New Jersey (ACC-NJ) contracting teams partnered to identify viable sources within New York and businesses located in New Jersey with the ability to perform in New York. Through use of General Service Administration (GSA), the Small Business Administration (SBA) Dynamic Small Business Search (DSBS) Tool and search engine Google (www.google.com), six small business, DoD Approved Carriers were identified as interested sources.

The requirement to provide bus shuttle services for U.S. Army Service Members is very fluid. For example, the requirement for the bus shuttle services is subject to change on a daily basis, with only hour’s advance notice to the vendor as to how many buses will be required for that given day. Due to the quick reaction by the 3rd ECS and ACC-NJ, the DoD Approved Carrier contractor with the lowest proposed price, XXX, was identified. Failure to secure bus shuttle services for the U.S. Army Service Members would adversely affect the medical support provided at the Javits Center and throughout New York City, NY, thus affecting many lives due to the COVID-19 Pandemic.

6. Efforts to Obtain Competition: The 3rd ESC and ACC-NJ utilized the GSA Request for Information (RFI) Tool, the SBA DSBS Tool, search engine Google and e-mail to contact all interested sources search results. The notices required by FAR 5.201 were not posted in accordance with the exception at FAR 5.202(a) (2),

7. Actions to Increase Competition: In the event that additional bus services in support of the COVID-19 Pandemic are required in the future, the Government will canvas the specified areas to identify as many sources as possible. This will allow for all sources with the required capacity an opportunity to support any subsequent requirements.

8. Market Research: Market research was conducted 28 March 2020 through 7 April 2020 by the 3rd ESC and ACC-NJ.

http://www.google.com/

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On 28 March 2020, a RFI was issued to all GSA Multiple Award Schedule, Category 485 – Ground Transportation holders and GSA Federal Supply Schedule, 48 - Transportation, Delivery and Relocation Services, Category 411 1 – Ground Transportation Services holders. This RFI closed on 30 March 2020. Seven responses to the RFI were received from: XXX, XXX, XXX, XXX, XXX, XXX and XXX. Of the seven respondents, two were DoD Approved Carriers.

On 28 March 2020, all small businesses identified in the SBA DSBS database operating under North American Industry Classification System (NAICS) Code 485513 – “Bus and Other Motor Vehicle Transit Systems” and NAICS Code 485510 – “Charter Bus Industry” located in New Jersey and New York were e-mailed and requested to confirm capability and interest. Twelve small businesses responded with interest via e-mail:

XXX, XXX, XXX, XXX, XXX, XXX, XXX, XXX,XXX, XXX, XXX and XXX, Of the 12 small business respondents, six were DoD Approved Carriers.

Additionally, a web search was completed using search engine Google using the search criteria, Charter Buses – New York City. Only one source with a corresponding System for Award Management Profile, XXX was identified and confirmed capability as a DoD Approved Carrier.

As a result of the numerous methods utilized to gauge commercial market interest (i.e.

GSA RFI, e-mails issued and search engine Google), 14 small businesses and five large businesses were identified as potential vendors for the required bus shuttle services. Of the 14 small businesses identified, six were DoD Approved Carriers. In accordance with the Defense Transportation Regulation, DoD entities arranging charter bus service must ensure only DoD Approved Carriers are used. In accordance with FAR 6.302-2(a) (2), pricing was requested from DoD Approved Carries: XXX, XXX, XXX,XXX, XXX, and XXX.

XXX was the lowest priced, DoD Approved Carrier.

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 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.

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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, 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.

The requirement for bus shuttle services supports the first prong to prepare and be ready. These Soldiers will augment the staff in health facilities.

On January 31, 2020, the United States Department of Health and Human Services Secretary, Alex M. Azar, declared a public health emergency 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.

9. Interested Sources: As shown in the market research, six small businesses were identified as interested, DoD Approved Carriers. Due to the urgency of COVID-19, sources outside of the immediate geographic area were not considered.

10. Other Facts:

a. Procurement history.

This is a new requirement, there is not procurement history.

b. Other facts. Not Applicable.

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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: XXX

Typed Name: XXX

Date: XXX

Title: XXX

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: XXX

Typed Name XXX

Date: XXX

Title: XXX

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. In accordance with FAR 15.403-1(b) (3) certified cost or pricing is not required therefore the Contracting Officer conducted Price Analysis in accordance FAR 15.404-1(a) (2). In accordance with FAR 404-1 (b)(2)(vi) the Contracting Officer determined the prices fair and reasonable by comparison of proposed prices with prices obtained through market research for the same or similar items.

Signature: XXX

Typed Name: XXX

Date: XXX

Title: XXX

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

Signature: XXX

Typed Name: XXX

Date: XXX

Title: XXX

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Approval

Based on the foregoing justification, I hereby approve the procurement of Department of Defense (DoD) Approved Carrier Bus Shuttle Services in New York City in support of the 3rd Expeditionary Sustainment Command on an other than full and open competition basis pursuant to the authority of Title 10 United States Code (U.S.C.) Section 2304(c) (2), as implemented by Federal Acquisition Regulation (FAR) 6.302-2, Unusual and Compelling Urgency. The total value for this Class J&A is XXX. The approval is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: XXXXXX Advocate for Competition Army Contracting Command – New Jersey