J_A FAR 13.5 COVID-19 Urgency - Maui Beach - SIGNED_Redacted.pdf

Control Number:

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

(March 2020)

Justification Review Document

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

Program/Equipment: Lodging Accommodations for the Hawaii National Guard (HING) members that has been placed on military orders in support of COVID-19.

Authority: Special Emergency Procurement Authority, 41 U.S.C. 1903; Simplified Procedures for Certain Commercial Items as implemented by FAR Subpart 13.5.

Amount: $100,274.32, no options.

Prepared by:

Typed Name: Jeen Chu, 1LT PH: 808-844-6332

Title: Contracting Management Officer Date: 18Apr2020

E-mail: jeen.h.chu.mil@mail.mil

PH: 808-844-6335

Contracting Officer:

Typed Name: Manuel L anes, MAJ

Date Reviewed: 18Apr2020 E-Mail: manuel.llanes.mil@mail.mil

Requirements Representative:

Typed Name: Michelle G. Puesta, LTC PH: 808-844-6423

Title: J4 Logistics Officer Date Reviewed: 18Apr2020

Lodging Accommodations for HING in support of COVID 19

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

(March 2020)

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

1. Contracting Activity:

Hawaii National Guard Purchasing and Contracting Division 91-1179 Enterprise Ave, BLDG 117 Kapolei, Hawaii 96707-2150

2. Description of Action: This requirement is a new firm fixed priced contract for single billeted lodging accommodation services on the Island of Maui, at Maui Beach Hotel for Hawaii National Guard (HING) Service Members (SMs) while augmenting and supporting Operation Longclaw in response to the COVID-19 pandemic. The type of funds to be used is COVID-19.

3. Description of Supplies/Services: Individual occupancy of hotel lodging accommodations services are required to reduce risk to mission, force, and the spread of any exposure during domestic operations in support of COVID-19.

Period of Performance: 18 April 2020 to 02 May 2020 Total Value: $100,274.32

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).

4. Authority Cited: Special Emergency Procurement Authority, 41 U.S.C. 1903;

Simplified Procedures for Certain Commercial Items as implemented by FAR Subpart 13.5.

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.

Hawaii National Guard (HING) 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

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

(March 2020) 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, HING has an urgent need for lodging accommodation services. These services are required in order to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will ensure the HING members that engage with the population in support of COVID-19 has lodging accommodation services to minimize additional interaction and potential exposure.

Compliance with any directive or FRAGORD: Individual occupancy will mitigate the spread of COVID-19, disinfection and social distancing include some of the measures being implemented. Disinfection typically involves the sanitization of commonly touched surfaces like doorknobs, handles, elevator buttons, railings, etc. Social distancing involves maintaining sufficient space, six feet between people, to minimize disease spread via airborne virus particles.

Without single occupancy billeting, HING’s COVID-19 support operations could well be considered “High Risk”. Single occupancy lodging decreases the risk of spreading COVID-19 between the Joint Task Force (JTF) Service Member (SM/s). One infected SM would not be lodging with an uninfected SM reduces the potential for spread. SMs interaction with residents of counties within the State of Hawaii, single billeted, remain in quarantine prior to their next shift.

Based on the projected reduction of risk from “High” to “Low” JTF SMs will be provided single occupancy lodging to protect and preserve the force in sufficient numbers in an adequate state of readiness to maintain HING JTF capability.

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

Due to the social distancing and personnel restraints that have been imposed from the spread of COVID-19, separate rooms are required. Due to the time sensitive nature of this requirement with the exposure and death rate increasing and unpredictable; and the various precautions being implemented by government and other agencies in response to the changing threat, to include financial impacts to local business, as they are closing due to lack of demand; this requirement is urgent.

6. Efforts to Obtain Competition: Market research was conducted to obtain adequate competition; however, due to the stay-at-home order issued for the State of Hawaii to include more restrictive stay-at-home orders by county Mayors, many accommodations

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

(March 2020) are closed and/or unable to accommodate the number of SM. In accordance with FAR 5.202(a)(2), this action will not be synopsized.

7. Actions to Increase Competition: During the time constraints, Contractors are being notified of the potential requirement; however, very little competition is expected due to the items discussed above. Other small business hotels, registered in System for Award Management (SAM), in close proximity of planned operations will be identified. If future needs are determined beyond the 120 day period the government will make every effort to compete to the fullest extent possible.

8. Market Research:

Market research was conducted from 14 April 2020 through 17 April 2020 by the requiring activity and contracting team: SFC Celeste Lewi, 1LT Jeen Chu, SrA Jonathan Weber, SGT Genavi Pablico, SSgt Laura Logan and SFC Jay Renguul. 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.

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

(March 2020)

The HING has been mobilized to assist in testing and containment of the COVID-19 pandemic. The HING JTF SM will interact with: residents of Hawaii's counties; tourists;

and law enforcement, almost all of whom will not likely have received a test for COVID-

19. After performing their missions, the SMs return to government-provided lodging, to remain in quarantine prior to their next shift. In order to conduct the duties assigned, the soldiers require lodging, to maintain personal protective measures in social distancing, individual rooms are required to minimize person to person contact. The lodging must be as close as possible to the site of duty to limit the travel distance and risks involved with transmission of the virus, to aid in minimizing the impacts and increase social distancing practices.

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.

Prior to the HING COVID-19 operations transferring from a State (State Active Duty) mission to a Title 32 (502(f)) mission, HING members were lodged at Maui Beach Hotel on the Island of Maui. In order to minimize potential distractions and/or disruptions to mission execution, and to prevent the unintentional spread of COVID-19 to other establishments, continuity of lodging at the same hotel is essential.

Due to the immediate and urgent need, competitive methods for this requirement are not practicable and may cause delays in mission execution and increased risk and exposure to general public health and safety.

Websites were queried and none of them could provide the required services within the required timeframe. These services must be delivered in order to minimize potential distractions and/or disruptions to mission execution, and to prevent unintentional spread of COVID-19 to other establishments, which may cause an increased risk to general public health and safety.

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.

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

(March 2020)

Seven (7) number of vendors within the area were called to see if could provide the required services in the amount necessary and they could not fulfill the requirement.

Due to the COVID-19 outbreak and employees being unable to come to work, there is a shortage in these services within the area. These services are required urgently in order to minimize potential distractions and/or disruptions to mission execution, and to prevent unintentional spread of COVID-19 to other establishments, which may cause an increased risk and exposure to general public health and safety. These services cannot be obtained from surrounding countries because crossing boarders may not be authorized and cannot be relied upon.

10. Other Facts:

a. Procurement history. There are no known contracts for these services to support the recent outbreak of COVID-19. Previous contracts for lodging have not been established for the local area. Due to the nature of this requirement, there is not sufficient time to conduct a competition for this particular need. Under non-emergency circumstances, the requirement would normally be completed and the requirements for close proximity location to the duty location would be further expanded and allowing for increased competition.