CAO-21-0210 MLT COVID JA (CUI) - 3-11-21 - Redacted.pdf

CUI Control Number: XXX

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Controlled by: Army Controlled by: Army Contracting Command-New Jersey CUI Category: General Procurement and Acquisition Distribution/ Limited Dissemination Control: FED

ONLY POC:

Class Justification Review Document

FAR 6.302-2 Other than Full and Open Competition Urgent and Compelling for COVID-19

Program/Equipment: Lodging, meals, and transportation services to be performed in Brooklyn and Queens, New York, NY and Philadelphia, Pennsylvania in support of the 4th Expeditionary Sustainment Command for direct support of the COVID-19 Vaccine distribution.

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

Amount: XXX

Prepared by:

XXX

Contracting Officers:

XXX

Technical Representative:

XXX

Requirements Representative:

XXX

Reviews

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

XXX

Legal Counsel:

XXX

Division Chief:

XXX

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Associate Director:

XXX

Class 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 (ACC-NJ)

2. Description of Action: The 4th Expeditionary Sustainment Command (ESC) requests approval of this Class Justification and Approval (J&A) for multiple new, urgent Firm Fixed Price contracts as follows: four contracts in Brooklyn and Queens, New York (NY) and two in Philadelphia, Pennsylvania (PA). Operations and Maintenance Funds - Army have been utilized on each contract.

3. Description of Supplies/Services: The 4th ESC requires urgent lodging and ancillary services for the United States Army (U.S.A) service members providing direct support for the distribution of the COVID-19 vaccine in the NY and PA metropolitan areas, in response to the mission to combat the COVID-19 Pandemic. This Class J&A supports the procurement of lodging and meals in NY and PA. Transportation in NY is required to/from the hotel and vaccine distribution sites. The table below reflects all contracts that have been/will be awarded to support this mission.

Contract Number Base Option Period

Option Period 2 Total

*W15QKN-21-C-5010 XXX XXX XXX XXX

W15QKN-21-C-5009 XXX XXX XXX XXX

W15QKN-21-C-5006 XXX XXX XXX XXX

W15QKN-21-C-5007 XXX XXX XXX XXX

W15QKN-21-C-5008 XXX XXX XXX XXX

W15QKN-21-C-5011 XXX XXX XXX XXX

Total Award Amount XXX

* awarded on 3/9/2021

With the exception of urgent hotel lodging (inclusive of parking spaces) in Brooklyn, NY and urgent meals in Brooklyn, NY, the period of performance for each contract is a 30 day base period from the date of award with two 30 day options. Prior to the 30 day base period for urgent hotel lodging (inclusive of parking spaces) in Brooklyn, NY, an additional three nights of lodging were required to accommodate Advance Party arrival and further mobilization of 278 Soldiers. The inclusion of options is due to the fluidity of the requirement and uncertainty of the service members’ departure from each location.

The total value of this Class J&A is XXX

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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: FAR 6.302-2 (c) (1) provides authorization for written justifications to be approved after the fact, as preparation and approval prior to some of these awards would unreasonably delay the acquisition.

41 U.S.C. 1903 Special Emergency Procurement authority is appropriate because the President of the United States (POTUS) 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. In December 2020, the Food and Drug Administration (FDA) issued the Emergency Use Authorizations (E.U.A.) for the use of the Pfizer-BioNTech COVID- 19 vaccine in persons aged 16 years and older and the Moderna COVID-19 vaccine in persons aged 18 years and older. Vaccines have been prioritized, allocated, and delivered to States to inoculate the public.

This is further supported under section 2(iv) of Executive Order, “Organizing and Mobilizing the U.S. Government to Provide a Unified and Effective Response to COVID- 19 and to provide the U.S. Leadership on Global Health and Security”. Continuing under this national emergency, U.S. Army North (ARNorth) was directed by the Department of Defense (DoD) to support Federal Emergency Management Agency (FEMA) vaccination distribution sites. For this vaccine distribution mission, ARNorth has identified and sent Vaccination Teams to the various States to support the acceleration of vaccine inoculations. With soldiers being immediately deployed to meet the above-stated emergency mission, the 4th ESC required urgent lodging and ancillary services in the NY and PA regions.

Every day that passes confirmed COVID-19 cases continue to spike in certain areas, and the death toll increases. These vaccinations must be distributed 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 because of lack of access to the COVID-19 vaccination. Therefore, providing services and commodities including, but not limited to, lodging, subsistence, and transportation services for the U.S.A. service members that are directly supporting the inoculation mission at specified distribution sites in NY and PA are necessary in aiding/fighting against this COVID-19 Pandemic. These services are required in order to protect the public from the spread of COVID-19. This requirement aligns with the Executive Order described above as it provides these services for an estimated 500 U.S.A service members as they provide vaccination distribution support as directed by the POTUS in his 13 March 2020 emergency declaration and the Executive Order. FAR 6.302-2 (c) (2) states, “This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances.” Due to the urgent circumstances, time did not allow for formal or traditional solicitations. The 4th ESC and ACC-NJ contracting team partnered to identify viable sources for lodging and meals within

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close proximity of each vaccination distribution site, as well as sources to support transportation services from the hotels to the various vaccination distribution sites in NY and PA. Through internet searches, telephone calls, and boots on the ground canvassing of each location, sources were identified, which resulted in the contracts shown in paragraph 3 of this justification.

The requirement to provide lodging, meals, and transportation for the service members is very fluid, changing by the hour and oftentimes by the minute. Some of these changes include:

1) The uncertainty of when service members would arrive on-site, resulting in Contracting Officers contacting lodging facilities with predisposed negotiated agreements in place to alert them that occupancy would be immediate; and

2) Increases to the locations of service members that would be deploying, which results in an increased need for additional lodging facilities. Due to the quick reaction by the 4th

ESC and ACC-NJ, the lodging facilities have been able to be immediately secured.

Failure to secure lodging facilities for the military members would adversely affect the support needed at the vaccination distribution sites, thus affecting many lives due to the COVID-19 Pandemic. Failure to provide meals and transportation services would jeopardize the health and safety of the service members, leaving them vulnerable to contracting the coronavirus.

6. Efforts to Obtain Competition: The 4th ESC and ACC-NJ canvased the internet and local areas to identify as many sources as possible for all requirements covered in this J&A, which resulted in the contracts shown in paragraph 3 of this justification. 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 lodging, meals, and transportation services in support of the COVID-19 Vaccination mission 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 to support the mission and an opportunity to support the subsequent requirements.

8. Market Research:

Market research was conducted from 13 February 2021 and will continue until all required lodging, meals, and transportation services are satisfied by the contracts shown in paragraph 3. The Market Research was conducted by the 4th ESC and ACC-NJ. Market research was minimal due to the urgent nature of this emergency procurement and the lack of requirement packages. The Government did leverage historical data from the Spring of 2020 for this requirement.

On 13 March 2020, the POTUS 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 in accordance with (IAW) 41 U.S.C.1903. On 18 March 2020, the President invoked his authority IAW the Defense Production Act. The

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Act allows the President, where necessary, to promote the national defense, and may require acceptance and performance of contract orders by any person he finds to be capable of performing them.

In December 2020, the FDA approved an E.U.A. for the use of the Pfizer- BioNTech COVID-19 vaccine in persons aged 16 years and older to prevent COVID-19 and Moderna COVID-19 vaccine in persons aged 18 years and older. As vaccines have been identified and delivered, the mission is to support the vaccination of our citizens throughout the country. Vaccines have been prioritized, allocated, and delivered to States to inoculate. This is further supported under section 2(iv) of Executive Order, “Organizing and Mobilizing the U.S. Government to Provide a Unified and Effective Response to COVID-19 and to Provide the U.S. Leadership on Global Health and Security”.

Continuing under this national emergency, the U.S. Army North was directed by FEMA and DoD to support vaccination distribution sites.

To support the vaccine distribution mission, the DoD has identified and sent Vaccination Teams to the various States to support the acceleration of vaccine inoculations. ACC- NJ is supporting the NY and PA regions, with soldiers being deployed to meet the above-stated mission.

As stated in paragraph 5 above, the 4th ESC and ACC-NJ contracting team partnered to identify viable lodging sources within close proximity of each vaccine distribution site that had the room capacity required to house the service members. Sources to provide meals and transportation services were also identified in order to support the service members while performing their duties in support of the vaccination distribution mission. Through internet searches, telephone calls, and boots on the ground canvassing of each location, sources were identified and resulted in the contracts shown in paragraph 3 of this justification. The hotel in Queens, NY, was able to also accommodate meal services. In Brooklyn, NY, the lodging facilities were not able to accommodate the meal service, so these services were satisfied by a local vendor. The transportation services for NY were also satisfied under a separate contract, awarded to a Small Business concern. In PA, the meals were satisfied on a task order issued off of the General Services Administration Federal Supply Schedule. All the lodging, meals, and transportation services were satisfied on contracts supported by the FAR 6.302-2 authority. The lodging was required immediately upon the service members’ arrival on location. If the lodging facilities were not secured, the service members would not be able to support the distribution of the vaccine and the direct aid and protection of the public from the spread of COVID-19. The addition of meals and transportation services were directly related to the number of service members arriving at each location, and were necessary for their protection from contracting COVID-19.

9. Interested Sources: As shown in the market research, interest was limited to sources within close proximity of the medical facilities. Due to the urgency of COVID-19, sources outside of the immediate areas were not considered.

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10. Other Facts:

a. Procurement history.

(1) Contract Numbers and dates:

New York City Contract Number Award Date Base Period 1st

Option Period 2nd

Option Period Total

W15QKN-20-C-5015 3/30/2020 XXX XXX XXX XXX

W15QKN-20-C-5020 4/03/2020 XXX XXX XXX XXX

W15QKN-20-C-5014 4/09/2020 XXX XXX XXX XXX

W15QKN-20-C-5017 4/15/2020 XXX XXX XXX XXX

W15QKN-20-C-5025 4/16/2020 XXX XXX XXX XXX

W15QKN-20-C-5018 4/17/2020 XXX XXX XXX XXX

W15QKN-20-C-5016 4/23/2020 XXX XXX XXX XXX

Total Award Amount XXX

Edison, New Jersey Contract Number Award Date Base Period 1st

Option Period 2nd

Option Period Total

W15QKN-20-C-5022 4/22/2020 XXX XXX XXX XXX

Newark, New Jersey Contract Number Award Date Base Period 1st

Option Period 2nd

Option Period Total

W15QKN-20-C-5027 4/30/2020 XXX XXX XXX XXX

Atlantic City, New Jersey Contract Number Award Date Base Period 1st

Option Period 2nd

Option Period Total

W15QKN-20-C-5023 4/20/2020 XXX XXX XXX XXX

(2) Competitive Status: Other Than Full and Open Competition.

(3) Authority Previously Cited: Title 10 U.S.C. Section 2304(c) (2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

b. Other facts. Not Applicable.

11. Technical Certification:

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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.

Typed Name:

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.

Typed Name:

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 15.404-1 (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.

Typed Name:

XXX

Typed Name:

XXX

14. Contracting Officer Certification:

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

Typed Name:

XXX

Typed Name:

XXX

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Approval

Based on the foregoing justification, I hereby approve this Class Justification and Approval in support of the COVID-19 Vaccination Distribution mission for the procurement of lodging, meals, and transportation services in New York City and Philadelphia, PA in support of the 4th Expeditionary Sustainment Command on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) (2), as implemented by 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.