FAR 6_302-2 Urgent and Compelling-COVID19_Redacted.pdf

Control Number:

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

(March 2019)

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

Urgent and Compelling for COVID-19

Program/Equipment: COVID-19 Emergency Supplies

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

Amount: $358,115.65

Prepared by:

Typed Name: ____ DSN: ____________

Title: Contract Specialist _______________________Date: 6 April 2020________

E-mail: ___________________________

Contracting Officer:

Typed Name: DSN:

Date Reviewed: __________________E-Mail:

Requirements Representative:

Typed Name: _ _DSN: _ __

Title: _____________________________________Date Reviewed: _______________

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

Urgent and Compelling for COVID-19

1. Contracting Activity: Mission and Installation Contracting Command, Fort Riley, Kansas.

2. Description of Action: 1st Infantry Division request a Firm Fixed Price (FFP) contract for supplies in response to COVID-19 pandemic. The Government projects award for March

Division G4 S&S 4/9/20

RILEY20Q0034

9 April 2020

COVID-19 Emergency Sanitary Supplies, MICC Ft. Riley

(March 2020)

2020 and fiscal year 2020 Operations and Maintenance funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d) (i) (B).

3. Description of Supplies/Services: 1st Infantry Division request the immediate procurement of the following items:

CLIN Description Qty UoM Unit Price Ext. Price

0001 Purell Natural 10oz Gel 1,035 CS $0.00 $0.00

0002 Bleach Liquid, 1 Gal 1,100 EA $0.00 $0.00

0003 Bleach Powder 28oz & above 500 EA $0.00 $0.00

0004 Sanitizer Wipes 110/bg 1,278 EA $0.00 $0.00

0005 Disinfection Spray, Aerosol 700 CN $0.00 $0.00

0006 Bleach Cleaning Spray 32oz 900 EA $0.00 $0.00

0007 Hand Sanitizer, 2liter 400 EA $0.00 $0.00

TOTAL $0.00

Delivery Dates: 16 April 2020 Total Value: $ $179, 970.34

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.

1st Infantry Division 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, 1st Infantry Division has an urgent need for supplies listed above. These supplies are required in order to protect the public from the spread of (or isolate people infected with) COVID-

19. This requirement will facilitate the enforcement of necessary steps required for disinfecting individuals and work space as recommended by Centers for Disease Control.

Every day that passes confirmed COVID-19 cases spike and the death toll increases. It is imperative that these supplies 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.

(a) Envision Xpress operates 16 retail stores on U.S. military bases in 10 states, providing office supplies, janitorial supplies, individual equipment, and clothing to U.S.

military personnel through the AbilityOne program. Many of the products sold at Envision Xpress are manufactured by Envision or its many National Industries for the Blind (NIB) sister agencies. Envision Xpress also provides jobs and job training to individuals who are blind or low vision.

(b) Due to the immediate urgency for combating the COVID-19 pandemic, theses supplies are needed immediately with the shortest delivery times possible. Quick market research revealed due to the high demand across the country, lead times are significantly longer than normal. Numerous vendors contacted were unable to meet delivery times, and this failure would significantly injure the Government ability to respond to the National emergency.

(c) Alternatives: All alternatives available to the Government includes delivery with significantly longer lead times. Any delays would be unacceptable and would cause inexcusable damages to the 1st Infantry Division community and the government

1. Due to the unpredictable nature of the current emergency situation, it is difficult to determine verified minimums that the organization will need. We are also unable to estimate how much additional items will be needed in the near future. Every day that passes confirmed COVID-19 cases spike and the death toll increases. It is imperative that these supplies 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.

2. 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.

6. Efforts to Obtain Competition: Due to the urgency of this need and the determination that the government would be seriously injured, no additional efforts were made to solicit offers from other potential sources besides making phone calls.

Additionally the exception at FAR 5.202(a)(2) was implemented for this procurement.

7. Actions to Increase Competition: In order to comply and put protective measures in place, 1st Infantry Division has an urgent need for supplies listed above. These supplies are required in order to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will facilitate the enforcement of necessary steps required for disinfecting individuals and work space as recommended by Centers for Disease Control. Every day that passes confirmed COVID-19 cases spike and the death toll increases. It is imperative that these supplies are obtained as quickly as possible to protect public health. Local vendors were contacted to gage responsiveness and the likelihood of increasing competition.

8. Market Research: Market research was conducted from 7 April 2020 through 8 April 2020 by the contracting specialist . Market research was minimal due to the urgent nature of this emergency procurement and the lack of requirements package and historical data for this requirement.

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.

. In order to comply and put protective measures in place, 1st Infantry Division has an urgent need for supplies listed above. These supplies are required in order to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will facilitate the enforcement of necessary steps required for disinfecting individuals and work space as recommended by Centers for Disease Control.

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.

Based on the guidance issued by the WHO, CDC, U.S. Government organizations, and other State Departments throughout the world, people are stocking up on Paper Towels, Hand Soap, Hand Sanitizers, Outdoor Bleach, Trash Bags, Disinfecting Wipes and Disinfecting Sprays, so there is a worldwide shortage of the required supplies.

1st Infantry Division 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. Envision Xpress operates 16 retail stores on U.S. military bases in 10 states, providing office supplies, janitorial supplies, individual equipment, and clothing to U.S. military personnel through the AbilityOne program. Many of the products sold at Envision Xpress are manufactured by Envision or its many National Industries for the Blind (NIB) sister agencies

The following websites were queried and none of them could provide the required supplies within the required timeframe. These supplies must be delivered on 16 April 2020 or the activity would be unable to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will facilitate the enforcement of necessary steps required for disinfecting individuals and work space as recommended by Centers for Disease Control.

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.

Supplies:

Three of vendors within the area were contacted to see if they had the supplies in stock and they did not have the required supplies (or they would not sell the required quantity of supplies because per customer limitations have been placed on these high demand items). They stated the supplies would be back in stock until a date that is unacceptable. These supplies must be delivered on 16 April 2020 or the activity would be unable to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will facilitate the enforcement of necessary steps required for disinfecting individuals and work space as recommended by Centers for Disease Control.. These supplies cannot be obtained online from other vendors because they are not available or would not arrive fast enough to meet the Government’s needs. Due to the COVID-19 outbreak, there is a shortage of these supplies within the area/worldwide.

10. Requiring Activity 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: __________

Typed Name:

itle:__________________________

4/9/20

Division G4 S&S

11. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Price was be determined fair and reasonable based on comparison to current contract pricing for same or similar items, customer quotes and catalog prices.

Signature: Date: __________

Typed Name:

Title:__________________________

12. Contracting Officer Certification

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

Signature: Date: __________

Typed Name:

Title:__________________________

4/9/20

Contracting Officer

4/9/20

Contracting Officer