IA02_Knox EFOJ 2020_89-San Juan MEPS MLT_Redacted.pdf

Control No: MICC 2020-89 Contractor: Command Management Services, Inc.

Program: MEPS Applicant Management Services

Version – September 2018 FOR OFFICIAL USE ONLY

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC) - Fort Knox, 199 6th Avenue, Suite 373, Fort Knox, Kentucky 40121-7520

2. Description of Action: Headquarters, (HQ) United States Military Entrance Processing Command (MEPCOM) requests a Firm-Fixed Price, Requirements Type Contract with Command Management Services, Inc. (CMS), 620 SW Fifth Avenue, STE 300, Portland, OR 97204-1418. The Government projects award for October 2020 and fiscal year 2021, Operations and Maintenance (OMA) 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: Provide meals, lodging (single and double room occupancy), transportation and applicant oversight services for applicants processing through the San Juan Military Entrance Processing Station (MEPS). Services are needed Sunday night through Thursday and up to 30 Fridays each year. Emergency services are also needed in the event of cancelled flights and other situations as they arise. The proposed task order for the San Juan MEPS is estimated to provide services for 4,487 applicants annually.

Period of Performance / Total Estimated Value:

Base Period: 1 OCT 2020 to 30 SEP 2021

FAR 52.217-8 option: 1 OCT 2021 to 31 MAR 2022

4. Authority Cited: 10 U.S.C. 2304c(b)(2) as implemented by FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

Given the instability of the local economy and quarantine restrictions, the incumbent contractor is the sole vendor that can offer the services at the level of quality required.

5. Reason for Authority Cited:

a. Background. Since 28 December 2019, the island of Puerto Rico has been affected by a series of hundreds of small earthquakes, which culminated in a powerful 6.4 magnitude earthquake on the morning of 7 January 2020 (Source:

https://www.usgs.gov/news/magnitude-64-earthquake-puerto-rico). The 7 January 2020 earthquake caused widespread damage to infrastructure in a region that is still recovering

Control No: MICC 2020-89 Contractor: Command Management Services, Inc.

Program: MEPS Applicant Management Services

Version – September 2018 FOR OFFICIAL USE ONLY from the effects of 2017’s Hurricane Maria, leaving more than 2,000 people in shelters, nearly 1 million without power and hundreds of thousands without water. Long after a 6.4-magnitude earthquake sent powerful shock waves across the island on 7 January 2020, the ground continues to shake. Forty-three earthquakes classified as “significant” have struck, according to the Puerto Rico Seismic Network.

During the above period, a Request for Task Order Proposal (RTOP) was issued to the contractors on the MEPS Applicant Management Services IDIQ on 13 January 2020 with a proposal due date of 13 February 2020. Three of the five contract holders submitted proposals. After the closing of the RTOP, the area continued to be affected by earthquake aftershocks. The contractors including USMEPCOM expressed concerns whether contractor personnel and SSEB members could travel safely to the area. As a result, the Contracting Officer (KO) decided to exercise the extension of services according to FAR 52.217-8 which should have provided adequate time to safely conduct the technical evaluations of the proposed hotel properties.

However, on 13 March 2020, in response to the COVID-19 virus pandemic, the President of the United States declared a national emergency in order to provide the necessary resources to help safeguard the citizens of the United States. As a result, a 14-day quarantine was mandated for travelers entering Puerto Rico and for travelers returning to the United States. Furthermore, authorization for government travel was suspended until 30 June 2020. The health risks of COVID-19 substantially affected the local economy. On 26 March 2020, the governor of Puerto Rico, Wanda Vazquez, issued a stay-at-home order closure for non-essential businesses. Contractor holders on the IDIQ advised that hotels in the area either shut down or furloughed their employees to operate at minimal levels.

The KO determined that it was not practical for SSEB members to quarantine for approximately 28 days as a result of travel to and from Puerto Rico. Additionally, the proposals received in February 2020 would be 6-months old by the time an SSEB could be convened. The KO canceled the RTOP and advised HQ USMEPCOM that it was in the best interest of the government to issue a new solicitation when environmental conditions in the area improved and the health risks related to travel were reduced. If not for the COVID-19 pandemic, there would have been sufficient time to issue a new solicitation, evaluate the proposed hotel properties and award a new task order for the follow-on services. COVID-19 restricted competition because inventory of acceptable hotel properties was limited therefore precluding the contractors from finding acceptable hotel properties for proposal submission.

The proposed contractor for the interim contract is the incumbent contractor, Command Management Services, Inc. (CMS). It should be noted that Puerto Rico was severely damaged by Hurricane Maria (category 5) in September 2017. The island was devastated and the lasting effects are still ongoing. Many homes and businesses were destroyed or left without power or running water for weeks. The hotel where the applicants were located was destroyed. CMS was able to locate a hotel with limited power. With MEPS