FEMA JandA for Other Than Full and Open Comp_FAR 6.302-2_Mobile Vaccination Units.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Office of the Chief Procurement Officer Version 3.2

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(41 U.S.C. 3304(a)(2))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security, FEMA, OCCPO, proposes to enter a Firm Fixed Price contract on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Type of action: The Department of Homeland Security, FEMA, OCCPO, proposes to enter into a Firm Fixed Price contract on a basis other than full and open competition by issuing a 30-day sole source interim contract to Disaster Management Group (DMG) at 19100 SW Warfield Blvd, Indiantown, FL 34956.

(b) Amount $3,900,000.

(c) Type of funding: Disaster Relief Funds

(d) Estimated total value

Period Total

Base Period (30-day)

Total $2,330,00.00

(e) Year of funding: No year funds

(f) Background information about the requirement.

o Services were provided on contract #70FB8021C00000001 for POP 02/06/2021to 07/07/2021 for 30 mobile vaccination units for a total contract value of $18,2M.

https://www.law.cornell.edu/uscode/text/41/3304#a_2

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

3. Description of Supplies/Services.

FEMA awarded a 30-day interim contract with a Period of Performance from July 16, 2021 to August 14, 2021 to DMG for 30 mobile vaccination units to continue to provide vaccine distribution in multiple locations throughout the CONUS in response to State, Local, Tribal and Territorial (SLTT), and FEMA Regional requests for support in administering COVID- 19 vaccines as part of the White House national COVID-19 strategic response plan. The contract provides rapidly deployable self-contained mobile units that can be utilized at the local level for the administration of vaccinations in small rural and impoverished communities in addition to wrap around services for each site. Wrap around services includes setup, breakdown, and transport in addition to nightly deep cleaning, ablution, generator maintenance, refueling, and ancillary support. The Contractor will continue to provide a four-person team around the clock that provides all the wrap around services. The current SLTT requests are from ND, SD, OH, CT, MD, MN, NM, MS, NY, CA, AZ, GA, and LA. The MVUs already assigned to States have firm schedules beyond 31 October 2021 to continue this mission. We are working on a follow-on contract for more units but need this interim contract so there is no interruption in service. The original contract #70FB8021C00000001 period of performance did not account for an extended pandemic or the emergence of virulent variants such as Delta to the coronavirus. This unexpected variable compelled us to pursue a sole source interim contract to DMG as a short-term measure before competing this requirement. Although, other companies which had similar capacity/capability to be deployable, all but one form required a forecasted 2-30 days lead time to meet current mission requirements. The 2-30-day interruption of the availability of deployable MVU’s would have had a significant catastrophic impact on potential loss of life, increase infections, downward pressure on the national economy and population psyche.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(2) implemented by FAR 6.302-2, Unusual and Compelling Urgency.

This requirement facilitates the response to or recovery from the COVID-19 pandemic.

The period of performance is for 30-day interim contract in accordance with the limitation set forth in HSAR 3006.302-270(d)(1)(iii).

5. Identification of Exception to the Buy American Statute

N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

(a) Background information about the requirement.

The National Strategy for the COVID-19 Response and Pandemic Preparedness calls on the U.S. government to mount a safe, effective, and comprehensive vaccination campaign that reaches people in all communities and includes strategies to vaccinate hard-to-reach and high-risk populations. However, traveling distance, limited access to medical providers or vaccine clinics, lack of public transportation, mobility issues, and work and family care schedules make it hard for some people to get vaccinated. Therefore, mobile vaccination is one way to reach them.

Mobile vaccination is an umbrella term to describe various initiatives to bring vaccination services closer to communities in need on a small scale. Mobile vaccination efforts are already occurring, and more are planned, to reach specific populations, including people who are underserved, high-risk groups, essential workers, and rural communities. These sites are coordinated by public health departments in indoor or outdoor settings, with support from local public health clinics, health care providers, pharmacies, community and faith-based organizations, employers, and private-sector vaccinators. The Centers for Disease Control and Prevention (CDC) and the Federal Emergency Management Agency (FEMA) have developed materials to help jurisdictions set up mobile vaccination sites and expand their use as vaccine supply increases.

This summer, the CDC announced that the new Delta variant of the coronavirus now accounts for one in four cases nationwide and has spread to almost every state across the U.S.

Therefore, the new delta variant exponentially increases the urgency to meet vaccination goals. The CDC has determined that COVID-19 vaccines are effective at protecting the American population from COVID-19 including severe illness, and death. Additionally, COVID-19 vaccines reduce the risk of people spreading the virus Increasing access to vaccinations to the underserved, high-risk groups, essential workers, and rural communities will also help save lives and avoid severe illness.

Hence, FEMA proposes a 30-Day interim contract to DMG, LLC to continue to support the White House COVID-19 Response Plan by working with federal, state, local, tribal, and territorial partners to assist, augment and expedite vaccinations in the United States. The contractor’s mobile vaccination units are still available and organized to deliver the mobile vaccination logistics necessary to meet ongoing federal, state, local, tribal, and territorial vaccination needs. A 2-30-days contractor delay and 21- 45 days procurement delay is and would be unacceptable considering the virulence of the new Delta variant as well as the incomplete capability of interested parties to be able meet the current vaccination goals. The due diligence necessary for new contractors to meet the state, local, tribal, and territorial dynamic and proposed forecasted schedules, i.e., 12-hour turnaround services would hamstring the state and national strategy for COVID-19 response and preparedness.

https://www.whitehouse.gov/wp-content/uploads/2021/01/National-Strategy-for-the-COVID-19-Response-and-Pandemic-Preparedness.pdf http://www.cdc.gov/coronavirus/2019-ncov/variants/variant-info.html

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures;

After the initial award of contract #70FB8021C00000001 which had a period of performance from 02/06/2021to 07/07/2021, the agency planned to develop and competitively solicit a follow-on effort for a one year 300 MVU contract. However, the initial national and community response to COVID-19 vaccination seem to meet the WH goals suggesting that the follow -on larger scale MVU procurement was no longer necessary to combat the coronavirus. Therefore, it was cancelled. However, the recent unpredictability of COVID- 19 and the spread of the new delta variant have given rise to the potential need to pursue a longer-term sustainment effort to offset the uncertain healthcare demand for the unvaccinated communities at large. Therefore, the agency had requested a 30-day interim MVU contract.

(c) Why considered alternatives will not work;

The incumbent vendor is the only one that has immediate access to 30 MVUs with Health & Human Services compliant subzero refrigeration capabilities and can support a 12-hour turnaround period. In addition, new contractors would need time to become informed on all the requirements for FEMA and SLTTs.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

FEMA’s ability to respond to assist SLTTs to vaccinate individuals in hard-to-reach and high-risk populations with limited access to transportation and mobility issues will be severely hindered if it cannot provide the services described in this J&A.

If FEMA does not take action to procure these available MVUs and wraparound services as quickly as possible it risks serious injury (threat to human life) if individuals at high risk or hard to reach places cannot be vaccinated.

The new Delta variant of COVID-19 puts the U.S. at a greater risk. SLTTs have firm schedules in their communities to provide MVU services and no other company can perform within the 12-hour turnaround requirement within this interim period.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

Exception 5.202(a)(2) applies.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determined the price to be fair and reasonable based on historical prices paid for the same/similar supplies and/or the techniques described in FAR 15.404-1.

The original 150 MVU sole source requirement provided a historical pricing baseline by which to compare the bridge pricing received as well as market research price quotes from other interested vendors provided sufficient price comparisons to determine pricing to be fair and reasonable.

9. Description of Market Research. Market research is required by FAR Part 10, and the results of the market research should be summarized here. Include the following information:

(a) Describe the market research techniques utilized, the specific results of the market research, the date when the market research was conducted, and how the market research was used by the contracting officer to determine price reasonableness. Predicated upon the marketplace pricing received from the interested vendors, it was the determination by the contracting officer that the pricing was considered fair and reasonable as commercially competitive available market prices.

The COR conducted market research January 2021 to July 2021.The market research showed that only DMG can provide both the sub-zero refrigeration in addition to the wrap around services throughout the United States in the 12-hour turnaround timeline.

DMG knows what is expected from the State and FEMA. Other companies were not able to meet 12-hour timeframe to rent or lease the units to the Government and several provided an option to purchase, which the Government is not interested in due to the need for immediate use in response to urgent SLTT requirements. In accordance with FAR 7.402, the acquisition method that has been considered for this action is leasing versus the purchase method. FEMA in support of the nationwide emergency declaration concerning the coronavirus disease 2019 (COVID-19) public health strategy has determined that the lease method is appropriate and advantageous to the Government under the circumstances. Therefore, the urgent, robust, and professional response in combatting the healthcare crisis with MVUs allows for speed and flexibility through leasing, permitting the vendor to manage the logistics of mobilization and

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition facility maintenance of the MVUs more readily thus permitting the agency the healthcare focus of prioritizing vaccination administration to underserved and difficult to reach communities in the short run or needing their second dose.

(b) Describe the market research results that support the determination that the items are non-available

(c) If market research was not conducted, a reason for its absence must be cited here.

(d) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

Competing requirements would result in unacceptable time delays in fulfilling the Agency’s immediate need of responding to urgent SLTT requests for assistance in response to the COVID-19 public health emergency. A delay in an award of this critical requirement to continue would result in serious injury (threat to human life) because it will delay FEMA’s ability to respond and administer COVID-19 vaccines.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

The following firms expressed interest in the MVU requirements:

• Disaster Management Group (DMG)

• Land Logistics & A Yankee Line Inc

• MCL Jasco

• MLU Services Inc

• Rapid Deployment Inc

• Stem Express

However, only DMG could provide the full requirement of MVUs and wraparound services within the timeframe needed.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any

Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

FEMA has competed the requirement for these services once this interim contract expires on August 14, 2021.

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U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

13. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

14. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative

APPROVAL:

Date

Contracting Officer Date

Note: The Contracting Officer is the final approving official when the action does not exceed $700K and must also sign the justification when the contract is awarded under FAR 6.302-7, Public Interest, regardless of dollar amount.

Procuring Activity Advocate for Competition Date

Note: The Procuring Activity Advocate for Competition (PAAC) is the final approving official when the action exceeds $700K but is less than or equal to $13.5M and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest, regardless of dollar amount. Approval by the PAAC is not required if the J&A is reviewed and approved by an official designated by the Component who meets either of the criteria at FAR 6.304(a)(3)(i) or (ii). However, this exception does not apply to justifications citing FAR 6.302-7 and exceptional circumstances applying to actions above the simplified acquisition threshold that

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition cite FAR 6.302-2 Unusual and Compelling Urgency as the authority.

Head of Contracting Activity Date

Note: The HCA is the approving official when the action exceeds $13.5M but is less than or equal to $68M (less than or equal to $93M for USCG) and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest, regardless of dollar amount. The HCA is not required to approve the justification if the Component PAAC meets either of the criteria at FAR 6.304(a)(3)(i) or (ii). However, this exception does not apply to justifications citing FAR 6.302-7 and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 Unusual and Compelling Urgency as the authority.

Chief Procurement Officer Date

Note: Note: The Chief Procurement Officer is the final approving official when the action exceeds $68M (exceeds $93M for USCG) and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest or the justification results in the invocation of the exception to the Buy American statute at FAR 25.103(b)(2) or 25.202(a)(2), regardless of dollar amount. When CPO approval is required only because FAR 25.103(b)(2) or 25.202(a)(2) is applicable to the procurement, the J&A shall be routed for review and approval using the Buy American Reporting Tool in OCPO’s Enterprise Reporting Application.