Electrostatic Sprayers JA Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

March 2020 FOR OFFICIAL USE ONLY Page 1 of 4March 2020 FOR OFFICIAL USE ONLY Page 1 of 4

Was a J&A approved for the preceding acquisition? Yes No

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined at AFFARS 5302.101? Yes No

Dollar Value of this Acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: AFLCMC/PZICC

Purchase Request (if available):

Program / Project (and PE, if applicable): USAF COVID19 Electrostatic Sprayers

Program Type (PEO, Enterprise, of Operational): Operational

Authority: 6.302-2 – 10 USC 2304(c)(2), Unusual and Compelling Urgency

Estimated Contract Cost (including options): $ ~2-10 BPAs with Total Ceiling of $20,000,000

J&A Type: Class Individual

! ! Provide estimated cost of all contracts.

COORDINATION (AFFARS 5306.304(a) )

Date

14 Apr 2020

Project Lead / Program Mgr / Requiring Activity

AT&L Guidance From 1 Apr 2020 Email

Signature

Date

14 Apr 2020

Contracting Officer

AFLCMC/PZICC,

Signature

Date

15 Apr 2020

Local Legal Reviewer

AFMC/88ABW/JA,

Date

Chief of the Contracting Office (COCO)

AFLCMC/PZI,

Date

Competition Advocate

AFLCMC/PK,

APPROVAL (AFFARS 5306.304(a) )

Date Senior Contracting Official (SCO)/Air Force COVID Acquisition Task Force LOE #1 Team Lead

AFLCMC/PK

March 2020 FOR OFFICIAL USE ONLY Page 2 of 4March 2020 FOR OFFICIAL USE ONLY Page 2 of 4

I. Agency and Contracting Activity.

United States Air Force

AFLCMC/PZICC

1940 Allbrook Drive, Room 109

WPAFB, OH 45433-5309

II. Nature and/or description of the action being approved.

The purpose of this Multiple Blanket Purchase Agreements (BPA) is to procure Electrostatic Sprayers in response to COVID 19 for USAF members in the Contiguous United States (CONUS) and Outside the Contiguous United States (OCONUS) (further outlined in Para V). Awards will be made to multiple vendors, to ensure there is enough quantity to meet USAF requirements. The BPAs will be awarded by AFLCMC/PZICC and will provide decentralized ordering procedures. This J&A will serve as authority for all the BPAs awarded for the electrostatic sprayers.

III. Description of supplies/services required to meet agency needs (including the estimated value).

The supplies furnished by the BPAs will be Electrostatic Sprayers and associated accessories (spray nozzles, batteries, chargers, EPA approved disinfecting chemicals, etc...) to disinfect secure rooms, offices and facilities. The Electrostatic Sprayers emit charged particles that attract to surfaces and the disinfecting solution wraps around surfaces so that they are uniformly coated. The Electrostatic sprayers will use the approved chemical solutions that are listed on the EPA website for killing COVID-19. The individual cost for the sprayers is estimated to be between $1,000 and $5,000 depending on the model.

IV. Statutory authority permitting other than full and open competition.

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

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

Per FAR 6.302-2, Unusual and Compelling Urgency, is applicable in those situations where an unusual and compelling urgency precludes full and open competition and delay in award of a contract would result in serious injury, financial or other, to the Government.

Based on the quick and wide-spread nature of the COVID-19 outbreak, the response to COVID-19 qualifies as an unusual and compelling urgency precluding full and open competition. If this action were to be solicited competitively, it would take significantly more time, during which health-related harm to those who work in a public setting, could result in their exposure to the potentially deadly virus. This harm is in form of physical harm to Military Personnel, DoD Civilian Employees, family members, DoD Contractors, and all other individuals on DoD property, instillations, and facilities, as well as the harm of substantially impacting the warfighter readiness and capability in the event more government employees get ill and cannot continue their mission essential tasks. In the event this effort has to be competed, personnel may be exposed to the deadly virus and put in harms way or will be unable to access their work location for an extended period of time. In order for the government personnel to continue safe operations, the Electrostatic Sprayer procurement needs to be completed immediately, thus creating an unusual and compelling urgency to temporarily use other than full and open competition.

The contractors selected for the BPAs will have demonstrated the ability to supply the necessary labor, equipment, and materials to properly provide the required supplies. The contractors will also have the ability to begin performance immediately following receipt of a call against an awarded BPA.

March 2020 FOR OFFICIAL USE ONLY Page 3 of 4March 2020 FOR OFFICIAL USE ONLY Page 3 of 4

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

FAR 5.202(a)(2) refers to conditions described in FAR 6.302-2 for purchases and procedures of unusual and compelling urgency precluding competition to the maximum extent practicable. The serious and unexpected COVID-19 crisis constitutes as an unusual and compelling circumstance, requiring immediate action and therefore not allowing time for full and open competition. A complete list of possible vendors will be included in the market research or attached to this J&A to show reach out for multiple BPAs.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The proposed price lists for the BPAs will be evaluated based on market research including comparison to commercial vendors, and other agency pricing on similar buys. Based on this price analysis, the anticipated cost to the Government will be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

The Government has established an Air Force COVID-19 response task force that is conducting ongoing market research in all areas of COVID response including electrostatic sprayers and associated accessory needs. This market research is evaluating current capabilities within required Government sources of supply, the existing commercial marketplace, and emerging vendors including non-traditional DoD contractors. However due to the unusual and compelling nature of the COVID-19 national emergency, and the requirement to comply with AF and DoD guidance market research has been limited.

It is crucial that this requirement begins immediately as positive COVID-19 results across the country, including DoD installations, are expected to continue to increase exponentially on a daily basis per various CDC and World Health Organization projections. Market Research has been conducted via a Sources Sought, Internet searches, and calling the manufactures. The research produced six (6) manufacturers that offer electrostatic sprayers. Additionally, contractors have been sourced through market research and have been verified as responsible sources. The Manufacturers are Clorox, Emist, Electrostatic Sprayer Systems, EVA Clean, Multi-Clean, and Victory Innovations, but research is ongoing. Distribution channels vary between the companies.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A

X. List of any sources that expressed, in writing, an interest in the acquisition.

N/A

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

After this period of compelling urgency has ended, but no longer than one year beginning of performance, the Contracting Officer and the Requiring Activity will re-evaluate to ensure future requirements are competed.

March 2020 FOR OFFICIAL USE ONLY Page 4 of 4

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.