J_A Sole Source FAR 13.5 COVID-19 Urgency-Lodging TF A and C (signed_REDACTED).pdf

Control Number: 2020-0011

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 to support 126 National Guard personnel on 502(f) status, to accomplish COVID-19 missions.

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

DSN: 250-1261

Date: April 23, 2020

Prepared by: CW4 Joseph Stricker

Typed Name: CW4 Joseph Stricker

Title: Deputy J4, Colorado National Guard

E-mail:

Contracting Officer:

Typed Name: Sabrina M. DeRamus DSN: 250-4032

Date Reviewed: April 23, 2020 E-Mail: Sabrina.m.deramus.civ@mail.mil

Technical Representative:

Typed Name: ________________________________DSN: _____________________

Title: ___________________________Date Reviewed: ________________________

Requirements Representative:

Typed Name: ________________________________DSN: ______________________

Title: _____________________________________Date Reviewed: _______________

Deputy J4-COARNG Joseph Stricker see digital signature

Joseph Stricker Deputy J4-COARNG see digital signature

(See FAR 2.101 and 3.104-4)

(March 2020)

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: John J. Gallegos DSN: 250-1502

Signature: _________________________________ Date: See digital signature

GALLEGOS.JOHN.JOE

.1154444242

Digitally signed by

GALLEGOS.JOHN.JOE.1154444242

Date: 2020.04.28 15:02:15 -06'00'

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

1. Contracting Activity: USPFO for Colorado, Purchasing and Contracting

2. Description of Action: New Firm-Fixed Price contract. O&M (FEMA) funds shall be used.

3. Description of Supplies/Services: Lodging accommodations for 126 National Guard (NG) Service Members (SM’s), on 502(f) status, supporting of COVID 19 efforts.

Requirement is for single occupancy rooms and individual A/C units vice shared ventilation systems. Lodging is requested for the total duration of the intended mission.

Period of Performance: April 15, 2020 to May 22, 2020

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.

Task Force A and C 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, Task Force A and C has an urgent need for lodging accommodations. These services are required in order to protect the public from the spread of (or isolate people infected with) COVID-

19. Soldiers were already checked into this hotel while on State Active Duty for over a week, therefore, to prevent unnecessary interruption in the National Guard’s COVID-19 mission, it is imperative that SMs maintain continuity in lodging accommodations.

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.

Other factors: The Drury Inn-Stapleton maintains an active SAM registration and is located between the NG Denver Armory and Joint Forces Headquarters. J4 took the location into account when submitting the request for lodging SMs on State Active Duty orders.

6. Efforts to Obtain Competition: A notice was not posted. Reference FAR 5.202(a)(2)

7. Actions to Increase Competition: No actions taken at this time; relocating 126 NG personnel to another hotel will severely interrupt the National Guard’s COVID 19 mission tasks.

8. Market Research: Given the requirements regarding location from the customer/J4, the contracting officer determined it was in the best interest to maintain continuity and minimize disruption in the NG COVID 19 mission, to keep individuals at the same hotel.

Market research was conducted on 14 APR 2020 by the requiring activity and contracting team: LTC James Jellick, CW4 Joseph Stricker, Whitney Arkle, and Sabrina DeRamus. 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.

IAW Joint Travel Regulation, SM’s that live over the commuting distance, to the duty location may be provided lodging accommodations. NG Soldiers and Airmen were placed on State Active Duty orders prior to transitioning to 502(f) and were housed at this location/venue. The determination was made to keep SMs in this location, to maintain continuity and minimize disruption in the Task Force’s COVID missions. In doing so, the Task Force remained active and focused on mission, and risk of spread was reduced/suppressed.

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.

9. Interested Sources: N/A;

10. Technical 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: ____________________________Title:__________________________

11. 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: ________________________________Date: __________

Typed Name: ____________________________Title:__________________________

STRICKER.JOSEPH.R

YAN.1159174057

Digitally signed by

STRICKER.JOSEPH.RYAN.1159174057

Date: 2020.04.27 11:27:26 -06'00' see digital signature

Joseph Stricker Deputy J4-COARNG

STRICKER.JOSEPH.R

YAN.1159174057

Digitally signed by

STRICKER.JOSEPH.RYAN.1159174057

Date: 2020.04.27 11:27:46 -06'00' see digital signature

Joseph Stricker Deputy J4-COARNG

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination is based upon comparison of per diem cost in the same city/county.

Certified Cost or Pricing data is not required per FAR 15.403-1(b)(3)

Denver, CO Per Diem (in April/May 2020) = $195

Signature: ________________________________Date: __________

Typed Name: ____________________________Title:__________________________

13. 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:__________________________

DERAMUS.SABRINA.

M.1034325134

Digitally signed by

DERAMUS.SABRINA.M.1034325134

Date: 2020.04.29 09:20:31 -06'00' see digital signature

Sabrina DeRamus Contracting Officer

DERAMUS.SABRINA.

M.1034325134

Digitally signed by

DERAMUS.SABRINA.M.1034325134

Date: 2020.04.29 09:21:51 -06'00' see digital signature

Sabrina DeRamus Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of lodging accommodations on sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1903 Special Emergency Procurement as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ________________________________Date: See digital signature

Name/Title: Whitney L. Arkle, Supervisory Contract Specialist, Colorado National Guard

ARKLE.WHITNEY.LEE

LIZAMA.1179373390

Digitally signed by

ARKLE.WHITNEY.LEE

LIZAMA.1179373390

Date: 2020.04.29 08:22:49 -06'00'