Delta JOFOC signed.pdf

JUSTIFICATION DETAILS FOR COVID-19

EMERGENCY RESPONSE ACTIVITIES

The Department of Health and Human Services (HHS) issued a class Justification & Approval (J&A) in accordance with FAR § 6.303- 1(d) and 6.302-2, Unusual and Compelling Urgency, FAR § 8.405- 6(a)(1)(A), Limiting Sources, and FAR § 16.505(b)(2)(i)(A), Exceptions to the Fair Opportunity Process for all contract actions to facilitate the recovery efforts necessary to address the 2019 Novel Coronavirus (COVID-19). The J & A is essential to respond to urgent requests for immediate support to respond to the expanding outbreak of the COVID-19 global pandemic. https://intranet.hhs.gov/sites/default/files/s3fs-public/s3fs-public/2020-03/class-justification-open-competition-covid-19-response.pdf

This form must be completed for all actions to meet the requirement set forth in 5(a) of the Department of Health and Human Services (HHS) class J&A for the COVID-19 pandemic response issued via HHS Acquisition Alert 2020-08.

Actions taken under this authority shall include documentation of market research performed and prospective sources of supply and services.

Additionally, shall include evidence of the urgent and compelling nature of the particular action, reviewed and approved at a level above the Contracting Officer.

Identification of Program Office, Contracting Activity, and Proposed Requirement, Justification and Program Office Certification:

A. Program Office:

Division of Strategic National Stockpile 2945 Flowers Rd. South Atlanta, GA 30341

B. Contracting Activity:

Health & Human Services Assistant Secretary for Preparedness and Response Office of Resource Management Contracts & Grants Division Strategic National Stockpile (SNS) Contracts Branch

C. 1. Identification of Requirement:

a. Nature of Action to be Approved:

Sole source acquisition of:

The Assistant Secretary for Preparedness and Response has a requirement to provide cloth face coverings to every State, Local, and Tribal Government in the United States for dispersion to the general population during this public health emergency and response effort. The Government’s requirement is for 5 face coverings for use over a two-week period for every

DEPARTMENT OF HEALTH & HUMAN SERVICES Office of the Secretary

Office of the Assistant Secretary for Preparedness & Response Washington, DC 20201

Rev. 3/25/2020

American household (135.36M) to mitigate transmission of COVID-19 as the Nation’s stay at home orders are lifted and American’s return to routine daily activities.

The current goal is to provide cloth reusable facial coverings to various State, Tribal, and Local Governments for dispersion to the general population and private sector critical infrastructure-essential individuals to facilitate the reopening essential services and industries.

The total quantity required to meet this two-week supply shall be delivered incrementally over the months of April – August, as Americans go back to work and their daily routines.

D. 2. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited in the class J&A for the COVID-19 pandemic response

a. Describe market research performed and prospective sources of supply and services:

Please see attached Market Research Document

b. Proposed Vendor:

Delta Apparel, Inc.

2750 Premiere Parkway, Suite 100 Duluth, GA 30097

c. Estimated Procurement Amount: $.

IGCE: $6,140,000.00; Award Amount: $4,100,000.00

E. 3. Provide evidence of the urgent and compelling nature of the particular action:

a. Explain:.

On January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak a “Public Health Emergency of International Concern” (PHEIC). On January 31, 2020 Health and Human Services Secretary Alex M. Azar II declared a Public Health Emergency (PHE) for the United States to aid the nation’s healthcare community in responding to 2019-nCoV. On March 11, 2020, the World Health Organization (WHO) declared the COVID-19 outbreak a global pandemic, and on March 13, 2020, the United States issued a Presidential Proclamation declaring the COVID-19 outbreak to be a national emergency.

Additionally, all fifty states and the District of Columbia have declared emergencies due to COVID-19. This requirement is to purchase critically needed supplies and services to respond to the COVID-19 global outbreak. There is currently a global market shortage of nearly all Personal Protective Equipment and medical supplies, including Face Masks and Face Coverings. The ultimate spread, length of time, and severity of the COVID-19 outbreak is unknown as this time, but it is anticipated that it will continue to spread exponentially across the globe. This is a serious public health threat. The fact that this virus has caused severe illness and sustained person-to-person spread not only across the world but within the United States has created a health care emergency. The risk to individuals is dependent on transmission and exposure. The goal of the ongoing U.S. public health response is to prevent sustained spread and mitigate the risk of transmission in this country and these face covers help meet part of this requirement.

The Assistant Secretary for Preparedness and Response has a requirement to provide cloth face coverings to every State, Local, and Tribal Government in the United States for dispersion to the general population during this public health emergency and response effort. Any delay in providing these critically needed supplies could cause irreparable harm and put American citizens at an increased risk of transmission and exposure. Every effort must be made to provide this product to the in the most expedient manner.

b. Other facts supporting sole source procurement if any:

The Government is considering award to all known vendors manufacturing product (face covers) that meet the minimum specifications of this requirement. There are currently 8 known

Rev. 3/25/2020 vendors capable of providing acceptable product, all of which are being recommended for award; Hanesbrands, Fruit of the Loom, SanMar, Beverly Knits, Parkdale, America Knits/Eagle Sportswear, American Giant, and Delta Apparel.

F. Program Office Certification:

Technical / Requirements Certification: By my signature below, I certify that the supporting data being used under the class J & A and certify the justification is true and accurate to the best of my knowledge.

Contracting Officer Representative’s Name: David Kelley

Position Title: Lead Program Analyst (COR).

COR Signature:

Date: 5/7/2020

G. Contracting Officer’s Certification

I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to availability of funds, and provided that the services and supplies herein describe have otherwise been authorized for acquisition.

Contracting Officer’s Name: Caleb Owen

Position Title: Contracting Officer

Contracting Officer’s Signature:

Date: 5/8/2020

H. Approval One Level Above the Contracting Officer

I have reviewed this justification and approve or do not approve the action.

Name: Kim Morris

Position Title: Team Lead

Signature:

Date: 5/8/2020