CUI_JBLM JA 2021_44_Redacted.pdf

Control No.: MICC 2021-44 Contractor: Omni Hotels Corporation

Services: Lodging and Laundry for COVID-19 Support Los Angeles, CA

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JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19 FEDERAL VACCINE PROGRAM

Program/Equipment: Lodging for Service members providing direct support to Community Vaccination Center (CVC) operations Los Angeles, CA

Authority: Special Emergency Procurement Authority, 41 U.S.C. 1903; Simplified Procedures for Certain Commercial Items as implemented by FAR Subpart 13.5.

Amount $

Prepared by:

Date: 12 FEB 2020

Contracting Officer:

Date: 12 FEB 2020

Technical:

Requirements:

Date: 12 FEB 2020

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

_ ____ __ Date: See Digital Signature

Small Business Specialist, Small Business Program:

___________________________ ______ Date: See Digital Signature

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Controlled by: U.S. Army Controlled by: MICC–JBLM (CCMI-CHD-LM) Category: General Procurement and Acquisition Distribution/Limited Dissemination Controls: FEDCON

POC:

$10,388,257

Services: Lodging and Laundry for COVID-19 Support Los Angeles, CA

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MICC Legal Counsel:

___ ___ Date: See Digital Signature

Deputy Director, MICC-JBLM:

_ _ ___ Date: See Digital Signature

Director, MICC-Fort Carson:

_ Date: See Digital Signature

Assistant Director, Small Business Program:

Services: Lodging and Laundry for COVID-19 Support Los Angeles, CA

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FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC) – JBLM, 2015 N. 4th Street, JBLM, WA 98433.

Description of Action: 4th Sustainment Command (Expeditionary) requests a new firm-fixed-price contract with Omni Hotel Los Angeles, 251 S. Olive St. Los Angeles, CA 90012. The Government projects award for February 2021 and fiscal year 2021 Operation and Maintenance, Army funds will be used.

Description of Supplies/Services: Lodging for approximately 22 PAX for a duration of approximately days in support of Army medical personnel operating the Los Angeles COVID-19 vaccination site.

Base Period: 13 FEB 2021 to Value: $1, Far Clause 52.217-8 option: APR 2021 to 2021 Value: $

Total Value: $

4. Authority Cited: Special Emergency Procurement Authority, 41 U.S.C. 1903;

Simplified Procedures for Certain Commercial Items as implemented by FAR Subpart 13.5.

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.

a. Background. The 4th Sustainment Command (Expeditionary) 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 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, 4th Sustainment Command (Expeditionary) has an urgent need for lodging and laundry services. These services are required in order to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will provide lodging and laundry services for approximately 22 medical service members. These

26 APR 2021 to 25 OCT 2021 Value: $8,656,880.40

Total Value: $10,388,256.48

Services: Lodging and Laundry for COVID-19 Support Los Angeles, CA medical professionals have a responsibility to abide by WHO and CDC guidance and prevent the further spread of COVID-19 by providing support of COVID-19 vaccination distribution in Los Angeles, California. It is imperative that these services are obtained as quickly as possible to protect public health and prevent the spread of COVID-19. The Omni Hotels & Resorts Los Angeles has the capability to provide lodging and laundry services for all 222 personnel from one location. It also has the capability to provide a segregated occupancy section in order to minimize the spread and exposure of the virus between medical staff, hotel staff, and hotel guests. The U.S. Government cannot apply standard procurement times to an acquisition of this urgent nature.

b. Alternatives.

1) Market research showed that none of the other hotels within the acceptable radius that the operational commander needed service members to stay had the ability to house all 222 PAX. This would have forced an alternative of splitting up the lodging requirement between multiple hotels.

2) Due to the time constraints of procuring the requirement no other alternatives were considered.

c. Impact if not approved. If the J&A is not approved it would result in mission failure to provide adequate lodging to 222 medical service members mobilized to the support COVID-19 vaccination distribution in the LOS Angeles, California.

6. Efforts to Obtain Competition: Due to the mission requirement, this action will be procured as sole source. The selected hotel has the capability to provide lodging for all 220 personnel under one location. It also has the capability to provide a segregated occupancy section in order to minimize the spread and exposure of the virus between medical staff, hotel staff, and hotel guest. Based on the market research, other hotels were unable to provide lodging for all required personnel under one location as well as lacked the ability to provide a segregated occupancy section in order minimize the spread of the virus. This requirement was not synopsized as permitted by FAR 5.202(a)(2).

7. Actions to Increase Competition: In order to increase competition before any subsequent acquisition of this service, further mission analysis will be executed to identify alternate plans that allow for the lodging of medical staff across separate hotels if necessary. A detailed analysis of the corresponding transportation requirement will also be executed in order to increase competition from other hotels that are located physically distant from the operations center.

8. Market Research: Market research was conducted from 11 – 12 February 2021 by the requiring activity and contracting team consisting of

Services: Lodging and Laundry for COVID-19 Support Los Angeles, CA

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. Based on the market research results, there is not a reasonable expectation that other hotels are able to meet this requirement within the required timeframe. 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. On 12 February 2021, a total of five (5) hotels were contacted near the California State University Los Angeles (CSU LA) campus area in regards to provide lodging and laundry services for an estimated number of 22 personnel for an estimated day period. The overall result of the research concluded that the location of other hotels within the area were further from the operations center resulting in an additional transportation requirement. Utilizing more than one hotel at a time and adding travel requirements back and forth via transportation presents a significant risk of contracting the virus to the general population as well as the medical personnel. The overall feedback was that the hotels did not have enough rooms to provide lodging for more than 200 personnel under one location. The location of other hotels within the area is further from the operations center resulting in an additional transportation contract requirement. Utilizing more than one hotel at a time and adding travel requirements back and forth via transportation presents a significant risk of contracting the virus to the general population as well as the medical personnel. These services must be delivered on 13 February 2021 in order to provide lodging and laundry services for the assigned medical personnel who are deploying from across the continental United States in order to support the CVC at CSU LA campus.

This requirement directly supports the scale-up of emergency response mechanism outlined above by providing medical personnel to run a community vaccination center (CVC) in support of vaccine distribution. The procurement of lodging via the selected hotel provides medical personnel with a centralized and segregated area that minimizes the exposure and spread of the virus.

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 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, interest is limited as many offerors cannot provide the required quantities of the supply/service within the required to meet the needs of the Government in order to protect public health.

Five (5) vendors within the area were called to see if they could provide the required services in the amount necessary and they could not fulfill the requirement. Due to the

Services: Lodging and Laundry for COVID-19 Support Los Angeles, CA

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distances from the hotels to the work site. These services are required urgently in order to provide lodging for the medical personnel responsible of operating the CSU LA campus.

10. Other Facts:

a. Procurement history. This service is acquired via commercial hotels that provide a Government rate based on the daily Per Diem allowance.

Contract No.: W911S8-21-P-0017 Vendor: Hazens Investment LLC Award date: 11 February 2021 Competitive Status: Only one source reasonably available Authority: FAR 13.106-1(b)(1)

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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.

___ _ Date: See Digital Signature

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.

_ _____ __ Date: See Digital Signature

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 daily rate for single occupancy meets the daily per diem rate for the Los Angeles, California area.

Additionally, the daily rate provided includes amenities such as internet and parking which are not usual components of the daily rate. A price comparison of hotels comparable in capacity and location demonstrate that the cost for the Government under this action is fair and reasonable. As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

________ _ Date: See Digital Signature

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

________ _ Date: See Digital Signature

Services: Lodging and Laundry for COVID-19 Support Los Angeles, CA

Approval

Based on the foregoing justification, I hereby approve the procurement of lodging and laundry services on sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, Title 41 United States Code Section 1903 Special Emergency Procurement as implemented by Federal Acquisition Regulation (FAR) 13.5. The estimated value of the contract is $10.4 million for a 72 day base period of performance and inclusion of FAR clause 52.217-8 for up to an additional 6 months, from approximately 13 February 2021 through approximately 25 October 2021. The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX