D.3 Hawaii (Kauai)_J_A FAR 13.5 COVID-19 Urgency - Lodging.pdf

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

(March 2020)

Control Number: 21-004

Justification Review Document

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

Program/Equipment: Lodging Accommodations for the Hawaii National Guard (HING) members that has been placed on military orders in support of COVID-19.

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:

Typed Name: SSG Heather A. Antoque PH: 808-672-1979

Title: Log Supply NCO Date: 20Oct2020

E-mail: heather.a.antoque.civ@mail.mil

Contracting Officer:

Typed Name: Cezar Y. de Veas, MSgt PH: 808-844-6422

Date Reviewed: E-Mail: cezar.y.deveas.mil@mail.mil

Requirements Representative:

Typed Name: Michelle G. Puesta, LTC PH: 808-844-6423

Title: J4 Logistics Officer Date Reviewed:

Control Number: 21-004

Lodging Accommodations for HING in support of COVID-19

(March 2020)

Reviews

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

Legal Counsel

Typed Name: Lloyd C. Phelps II, LTC PH: 808-672-1010

Signature: Date:

Advocate for Competition

Typed Name: Taison K. Tanaka, Col PH: 808-844-6308

Signature: Date:

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

(March 2020)

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

1. Contracting Activity:

Hawaii National Guard Purchasing and Contracting Division 91-1179 Enterprise Ave, BLDG 117 Kapolei, Hawaii 96707-2150

2. Description of Action: This requirement is a new firm fixed priced contract for single billeted lodging accommodation services on the Island of Kauai, at Sheraton Coconut Hotel for Hawaii National Guard (HING) Service Members (SMs) while augmenting and supporting Operation Longclaw in response to the COVID-19 pandemic. The type of funds to be used is Military Personnel Appropriation 3850.

3. Description of Supplies/Services: Individual occupancy of hotel lodging accommodations services are required to reduce risk to mission, force, and the spread of any exposure during domestic operations in support of COVID-19.

Period of Performance: October 23-December 22, 2020 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.

Hawaii National Guard (HING) 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 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, HING has an urgent need for lodging accommodation 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 ensure the HING members that engage with the population in support of COVID-19 has lodging accommodation services to minimize additional interaction and potential exposure.

Compliance with any directive or FRAGORD: Individual occupancy will mitigate the spread of COVID-19, disinfection and social distancing include some of the measures being implemented. Disinfection typically involves the sanitization of commonly touched surfaces like doorknobs, handles, elevator buttons, railings, etc. Social distancing involves maintaining sufficient space, six feet between people, to minimize disease spread via airborne virus particles.

Without single occupancy billeting, HING’s COVID-19 support operations could well be considered “High Risk”. Single occupancy lodging decreases the risk of spreading COVID-19 between the Joint Task Force (JTF) Service Member (SM/s). One infected SM would not be lodging with an uninfected SM reduces the potential for spread. SMs interaction with residents of counties within the State of Hawaii, single billeted, remain in quarantine prior to their next shift.

Based on the projected reduction of risk from “High” to “Low” JTF SMs will be provided single occupancy lodging to protect and preserve the force in sufficient numbers in an adequate state of readiness to maintain HING JTF capability.

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.

Due to the social distancing and personnel restraints that have been imposed from the spread of COVID-19, separate rooms are required. Due to the time sensitive nature of this requirement with the exposure and death rate increasing and unpredictable; and the various precautions being implemented by government and other agencies in response to the changing threat, to include financial impacts to local business, as they are closing due to lack of demand; this requirement is urgent.

6. Efforts to Obtain Competition: The previous requirement was competed; however, due to a protest to the competed award a new requirement is required. Due to required lodging accommodations for SMs under current COVID operations, there is no time to compete this requirement without resulting with serious impact to the Government. In accordance with FAR 5.202(a)(2), this action will not be synopsized.

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

(March 2020)

7. Actions to Increase Competition: The previous requirement was competed;

however, due to a protest to the competed award a new requirement is required. Due to required lodging accommodations for SMs under current COVID operations, there is no time to compete this requirement without resulting with serious impact to the Government. If future needs are determined beyond the 60-day period the government will make every effort to compete to the fullest extent possible.

8. Market Research:

Market research was conducted from 11 – 16 September 2020 by the requiring activity and contracting team: 1LT Jeen Chu, and 1st Lt Lyle Perez. Market research completed within 45 days determined there are at least eight (8) sources that can provide lodging accommodations. A requirement for lodging accommodations was solicited and awarded; however, due to unforeseen circumstances, performance cannot be met under the current contract until resolved. However, due to the urgent nature of this emergency procurement and the required lodging accommodations for SMs supporting COVID operations this requirement will be sole sourced to the current location that the SMs are receiving lodging accommodations.

In December of 2019 an outbreak of COVID-19 was reported in Wuhan City, Hubei Province, China. The World Health Organization (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. 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 HING has been mobilized to assist in testing and containment of the COVID-19 pandemic. The HING JTF SM will interact with: residents of Hawaii's counties; tourists;

and law enforcement, almost all of whom will not likely have received a test for COVID-

19. After performing their missions, the SMs return to government-provided lodging, to remain in quarantine prior to their next shift. In order to conduct the duties assigned, the soldiers require lodging, to maintain personal protective measures in social distancing, individual rooms are required to minimize person to person contact. The lodging must be as close as possible to the site of duty to limit the travel distance and risks involved with transmission of the virus, to aid in minimizing the impacts and increase social distancing practices.

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.

In order to minimize potential distractions and/or disruptions to mission execution, and to prevent the unintentional spread of COVID-19 to other establishments, continuity of lodging at the same hotel is essential.

Due to the immediate and urgent need, competitive methods for this requirement are not practicable and may cause delays in mission execution and increased risk and exposure to general public health and safety.

Websites were queried and none of them could provide the required services within the required timeframe. These services must be delivered in order to minimize potential distractions and/or disruptions to mission execution, and to prevent unintentional spread of COVID-19 to other establishments, which may cause an increased risk to general public health and safety.

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 timeframes to meet the needs of the Government in order to protect public health.

Potential source is the current hotel that the SMs are receiving lodging accommodations.

These lodging accommodations are required urgently in order to minimize potential distractions and/or disruptions to mission execution, and to prevent unintentional spread of COVID-19 to other establishments, which may cause an increased risk and exposure to general public health and safety. These services cannot be obtained from surrounding countries because crossing boarders may not be authorized and cannot be relied upon.

10. Other Facts:

a. Procurement history:

Contract Vendor Description Period of Performance Cost Lodging 24-APR-2020 TO 07-AUG-

Lodging 31-MAY-2020 TO 07-AUG-

Lodging 17-APR-2020 TO 07-AUG-

Lodging 18-APR-2020 TO 07-AUG-

Lodging 14-OCT-2020 TO 13-APR-

11. 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: Date: 20Oct2020

Typed Name: Michelle G. Puesta, LTC Title: J4 Logistics Officer

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

This determination will be made using the following comparison of proposed rates compared with the maximum potential need at the maximum allowable per diem rate per room/day.

This determination will be made using the following comparison of proposed rates compared with the maximum potential need at the maximum allowable per diem rate per room/day.

As part of the basis, indicate that certified cost or pricing data is not required per FAR 15.403-1(b)(3).

Signature: Date: 20Oct2020

Typed Name: Cezar Y. de Veas, MSgt Title: Contract Specialist

13. Contracting Officer Certification:

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

Typed Name: Cezar Y. de Veas, MSgt Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of individual occupancy lodging accommodation services on sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1903 Special Emergency Procurement as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name: Manuel Llanes, MAJ Title: Chief of the Contracting Office