FAR 6_302-2 Urgent and Compelling-COVID19 Elevator Redacted.pdf

Amy M. Bowen

Justification Review Document FAR 6.302-2 Other than Full and Open Competition

Unusual and Compelling

Program/Equipment: Elevator Maintenance and Emergency Services

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

Amount: $57,099.00

Prepared by:

Typed Name: DSN: 861-4758

Title: Contract Specialist Date: 4/22/2020

E-mail:amy.m.bowen.civ@mail.mil

Contracting Officer:

Typed Name: Sandra Anderson DSN: 861-4753

Date Reviewed: 28 April 2020 E-Mail: sandra.a.anderson12.civ@mail.mil

Requirement Representative:

Typed Name: Dennis Overbay DSN: 306-1844

Title: Supervisory Engineering Technician Date reviewed: 28 April 2020

For Official Use Only

(See FAR 2.101 and 3.104‐4) (March 2019)

(March 2020)

Justification and Approval FAR 6.302-2 Other than Full and Open Competition

Urgent and Compelling for COVID-19

1. Contracting Activity: Army Contracting Command, Aberdeen Proving Ground, Maryland

2. Description of Action: Time Extension modification to the firm fixed priced contract of W56ZTN-17-P-0001 to Maryland Elevator (0LY13) for three (3) months. Funding will be provided using Operation and Maintenance funds.

3. Description of Services: Post-wide Elevator Maintenance and Emergency Repair Services.

Period of Performance: _05/10/2020 to 08/09/2020 Total Value: $57,099.00

4. Authority Cited: 10 U.S.C. 2304(c) (2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

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.

The APG Garrison 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. To date the Senior Command of APG has enforced the Governor of Maryland’s mandate that all citizens are to follow a stay a home order and it is illegal to make discretionary non-essential trips away from home.

On March 25, 2020 the Garrison commander moved the HPCON level to Charlie allowing only essential employees allowed on APG. On March 30, 2020 the State of Maryland issued a mandatory stay-at-home order.

Beginning on 3 April 2020, the APG Senior Commander limited access to the installation even further by mandating that only essential personnel entered into the Automated Entry system are allowed on the installation.

The current Elevator Maintenance and Emergency Services requirement is currently being recompleted under solicitation W56ZTN-20-Q-0001. The solicitation was posted on beta.SAM.gov on March 24, 2020 and there are several interested vendors. During the Request of Information phase, vendors have request a site visit to see the various types and conditions of the 102 elevators listed in the requirement. These elevators are located across APG in numerous buildings. Due to the age and locations of the multiple elevator thought the APG community, it is necessary for interested parties to be able to visualize and understand the requirement outline in the performance work statement.

Not all sites are easily accessible and some require specialized tools and equipment to access. While at the time of the solicitation posting the installation was still accessible, within days access to the installation has been limited and no site visit could be accommodated. In order to give a fair opportunity to bid on the solicitation to all interested parties and obtain more competitive pricing, a site visit must be held. It is estimated that once Maryland/ APG implements the Phase-In Process as recommend by the CDC and the White House a site visit could be held during reopening the State/Installation. If the government chooses not hold a site visit it could be perceived that the Government did not allow for fair opportunity and gave the incumbent an unfair advantage, creating opportunity for a protest.

The current contract W56ZTN-17-P-0001 to Maryland Elevator Services (0LY13) expires on 9 May 2020. In order to prevent a lapse in service during the COVID-19 outbreak a time extension of three (3) months is required for the current Elevator contract. The current contractor is already staffed, mobilized and know the facilities to be serviced. In addition, the current contractor has the locations, history and maintenance records of the existing elevators. Therefore, a three month extension of the contract will allow the Government to accommodate interested vendors a site visit and with additional time to submit their proposals. If the Government does not extend the current contract for the additional three months, the APG community will have a lapse in service and will directly affect critical functions of the installation which are still operating, such as the Health Clinic. To keep the elevators in good working condition monthly maintenance must be performed on a routine basis and to have a lapse in service during the time shut down would cause the Government to have substantial cost with major and emergency repairs that could have been prevented with routine maintenance.

6. Efforts to Obtain Competition: The current Elevator Maintenance and Emergency Services requirement is currently being recompleted under solicitation W56ZTN-20-Q- 0001. The solicitation was posted on beta.SAM.gov on March 24, 2020.

7. Actions to Increase Competition: The solicitation due date has been extended to 9 June 2020. It is hoped that by the middle to end of May the State of Maryland and APG will be able to release some of the restrictions currently in place to allow for a site visit to take place. Once the Site visit takes place, the contracting office will allow a week for additional questions with two additional weeks for interested vendors to submit their proposals.

8. Market Research: Market research was conducted from May 2019 through January 2020 for the re compete requirement by Amy M. Bowen. Due to changes in the requirements and modifications to the performance work statement and changes in the requirement activity a new sources sought had to be posted in Late January, Early February. Based off the sources sought 3 small business stated that they were interested in the requirement.

9. Interested Sources: There are four (4) potential vendors in the Tri State Area that have expressed an interest in performing the services, but due to the lack of access to the installation because of COVID-19, the solicitation had to be extended from 23 Apr 2020 to 9 June 2020 because they cannot tour the post for a site visit. This extension will allow for a site visit to ensure a fair opportunity for all interested parties. The current contract of W56ZTN-17-P-0001 is currently being performed by a small business and according the COR has been performing satisfactory during the performance of the current contract.

10. Other Facts: 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.

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.

At the time of this document, on 22 April 2020 the state of Maryland has not reached the COVID-19 peak. There are 582 new cases reported in one day, for a total 14,775 of confirmed cases. The state of Maryland has not been able to report no new cases for 14 days therefore cannot begin to implement any of the Phase-In Plans recommended by the CDC and White House which would allow for less restrictive measures.

11. 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.

BOWEN.AMY.MARIE.13702688 Digitally signed by

BOWEN.AMY.MARIE.1370268823

Date: 2020.04.28 10:06:22 ‐04'00'

Title: Contract Specialist

28 April 2020Date:

Amy M. BowenTyped Name:

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.

Signature: OVERBAY.DENNIS.A Digitally signed by OVERBAY.DENNIS.A.1229380482 Date: 28 April 2020 .1229380482 Date: 2020.04.28 10:33:27 ‐04'00'

Typed Name: Dennis Overbay Title Supervisory Engineering Technician

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.

During the initial price evaluation of W56ZTN-17-P-0001 the current option year price was determined to be fair and reasonable. The incumbent, Maryland Elevator has agreed to hold the current pricing for the proposed time extension.

Signature:

Digitally signed by

ANDERSON.SANDRA.ANN.153412

Date: 2020.04.28 13:33:58 ‐04'00'

Date: 28 April 2020

Typed Name: Sandra Anderson Title: Contracting Officer

14. Contracting Officer Certification:

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

Signature: ANDERSON.SANDRA.AN

N.1534126596

Digitally signed by

ANDERSON.SANDRA.ANN.1534126596

Date: 2020.04.28 13:34:15 ‐04'00'

Date: 28 April 2020

Typed Name: Sandra A. Anderson Title: Contracting Officer

ANDERSON.SANDR

A.ANN.1534126596

Approval

Based on the foregoing justification, I hereby approve the modification for a time extension for Elevator Maintenance and Emergency Services in the amount of $55,099.00 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c) (2) Unusual and Compelling Urgency, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: Date: 28 April 2020

Typed Name: Sandra Anderson Title: Contracting Officer