CUI_Tampa JA 2021_61_Redacted.pdf

CUI

Control No.: MICC 2021-61

Contractor: Dominus Companies, LLC Program: Lodging, Meals, Laundry, Transportation Services

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY COVID-19 VACCINE DISTRIBUTION

1. Contracting Activity: 904th Contracting Battalion, 976 William H. Wilson Avenue, Fort Stewart, GA, 31314. U.S.A.

2. Description of Action: In late February 2021, the 4th Sustainment Command (Expeditionary) (4th ESC) requested a firm-fixed price contract to provide lodging, catered meal, laundry, and transportation services to support personnel working at the COVID-19 vaccination site, located at the Tampa Greyhound Track (TGT), 755 E Waters Avenue, Tampa, FL 33604. The Government awarded a competitive purchase order, W9124M-21-P-0016, with a 30 day base period from 27 February 2021 – 28 March 2021 and a 30 day option period with performance from 29 March 2021 – 26 April 2021. The 4th ESC now requests a modification to W9124M-21-P-0016 in order to exercise FAR Clause 52.217-8, Option to Extend Services (for a duration up to six months). The solicitation and purchase order contained FAR Clause 52.217-8, but the clause was not evaluated completely during the price evaluation process prior to award.

However, had the price for the FAR Clause 52.217-8 been fully evaluated there would have been no change to who the purchase order was awarded to.

3. Description of Supplies/Services: The 4th ESC continues to require urgent lodging and ancillary services for the United States Army (USA) service members providing direct support for the distribution of the COVID-19 vaccine in Tampa, FL. All 139 personnel supporting the vaccination site arrived on location on 27 February 2021 and will continue to require contracted lodging, meals, transportation, and laundry services beyond 26 April when performance ends for these service on purchase order W9124M- 21-P-0016. Transportation in Tampa is required to and from the hotel and vaccine distribution site.

Period of Performance of the 52.217-8 Option to Extend Services:

52.217-8 Option: 27 APR 2021 to 26 OCT 2021 Value: $2,459,069.85

An extension to the 4th ESC’s current mission assignment is expected to be approved on or about 14 April 2021, but could be approved as late as 19 April 2021.

Lodging and auxiliary service support are mission essential resources that are critical to the 4th ESC’s successful execution of their assigned mission.

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. § 1901 as implemented by FAR 13.5; Unusual and Compelling Urgency.

5. Reason for Authority Cited: 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, Title 42 United States Code Sections 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 (EUA) 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 continues to require urgent lodging and ancillary services in Tampa, Florida.

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. Army service members that are directly supporting the inoculation mission at the TGT site in Tampa, FL 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 139 U.S. Army service members as they provide vaccination distribution support as directed by the POTUS in his 13 March 2020 emergency declaration and the Executive Order. Due to the urgent circumstances, time does not allow for this requirement to be re-competed via formal or traditional solicitations or re-awarded under a sole sourcing acquisition authority. The best option to provide these mission essential services without interrupting the 4th ESC’s ongoing mission in Tampa is to exercise Clause 52.217-8, Option to Extend Services, in the existing purchase order W9124M-21-P-0016. The 4th ESC and the 904th Contracting Battalion partnered to perform market research and identify viable sources for lodging and meals within close proximity of the vaccination distribution site, as well as sources to support transportation services from the hotels to the vaccination distribution site. Through internet searches, telephone calls, results of the full and open combined synopsis/solicitation posted on beta.SAM.gov, and “boots on the ground” canvassing of each location, sources were identified, and the incumbent contractor is the best source to continue providing lodging, meals, laundry, and transportation services once the current option period expires on 26 April 2021.

The requirement to provide lodging, meals, laundry and transportation for the service members is very fluid and can change frequently. Due to the quick reaction by the 4th ESC and 904th CBN, the lodging facilities were initially secured in a timely manner that supported and continues to support the manning requirements for the vaccination distribution center. Failure to further secure lodging facilities, meals, and transportation for the military members upon expiration of the current period of performance (26 April 2021) would ultimately degrade the effectiveness of operation at the vaccination distribution center.

6. Efforts to Obtain Competition: The 4th ESC and the 904th CBN canvassed the internet and local areas to identify as many sources as possible that could meet the full requirement. Very few sources were identified through this process that could support the complete requirement and given the short timeline to research, solicit, evaluate and award a purchase order, the decision was made to compete the initial requirement using a combined synopsis/solicitation on the Government Portal of Entry (GPE) via beta.SAM.gov for 24 hours. The Contracting Officer received 17 offers from interested parties.

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 support of further extensions of the mission, the Government will conduct market research and compete the requirement provided adequate notification is received.

8. Market Research: The 4th ESC and the 904th CBN initiated market research on 21 February 2021, within the proximity of the tentative location of the designated community vaccine distribution center. However, due to the urgent nature of the procurement, the personnel movement plan not being finalized, and support requirements constantly changing, market research was minimal. Nonetheless, based on the research conducted, the Contracting Officer determined that hotels in the local area were capable of providing a turnkey solution where a single contractor could provide lodging, catered meals, laundry, and transportation services instead of doing separate purchase orders for each service. Separate purchase orders would require the government to provide additional personnel in order to synchronize the efforts of the various contractors as the 4th ESC encountered any changes in their mission. The awarding of all four services to a single contractor reduced costs to the Government through economy of scale effects, and post award contract administration by the Contracting Office and the Requiring Activity.

9. Interested Sources: As shown in the market research and response to the full and open solicitation on the GPE, interest in this requirement was significant in that seventeen offers were received in response to the solicitation.

10. Other Facts: There is no known procurement history of previous acquisitions in Tampa, FL for the turnkey lodging and auxiliary services requested in this justification.

Approval

Based on the foregoing justification, I hereby approve procurement of lodging, meals, laundry and transportation services in Tampa, Florida for the 4th Sustainment Command (Expeditionary) in their support of the COVID-19 Vaccination Distribution mission, on a sole source basis pursuant to the authority of Simplified Procedures for Certain Commercial Items, Title 41 United States Code Section 1901, as implemented by Federal Acquisition Regulation (FAR) 13.5. The estimated value of the modification is $2.46 million to exercise FAR Clause 52.217-8, Option to Extend Services, for up to six months. The approval is subject to availability of funds and provided that the services and property herein described have otherwise been authorized for acquisition.

Alternate Advocate for Competition