J_A Sole Source FAR 13.5 COVID-19 Urgency Meals TF Kauai HIARNG L&D - 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: Prepared food 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: $48,300.00, no options.

Prepared by:

Typed Name: Jonathan R. Weber, SrA PH: 808-844-6336

Title: Contract Specialist Date: __________

E-mail: jonathan.r.weber6.mil@mail.mil

Contracting Officer:

Typed Name: Manuel Llanes, MAJ PH: 808-844-6335

Date Reviewed: _________________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: _________

5/14/2020

5/15/2020

5/15/2020

Prepared Meals for HING in support of COVID-19

Reviews

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

Legal Counsel

Typed Name: Lloyd C. Phelps II, LTC PH: 808-672-1010

Signature: Date: _________

Advocate for Competition

Typed Name: Taison K. Tanaka, Col PH: 808-844-6308

Signature: Date: _________

PHELPS.LLOYD.CO

LLINS.II.

Digitally signed by

PHELPS.LLOYD.COLLINS.II.

Date: 2020.05.18 15:55:59 -10'00' 19 May 2020

TANAKA.TAISON.K. Digitally signed by

TANAKA.TAISON.K.

Date: 2020.05.19 14:52:01 -10'00'

19 May 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 supply and pickup of prepared daily meals two (2) times a day on the Island of Kauai 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 funds.

3. Description of Supplies/Services: Supply and delivery of prepared daily meals two

(2) times a day are required to sustain Hawaii National Guard members during domestic operations in support of COVID-19.

Period of Performance: 27 April 2020 to 15 May 2020 Total Value: $48,300.00

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 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 supply and pickup of daily meals two (2) times a day to HING Service Members (SM) during domestic operation in support of COVID-19. These supplies 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 a single source to pick up daily meals two (2) times a day which will be delivered by a designated JTF SM which will minimize additional interaction and potential exposure. Single point of source for meals will decrease risk of spreading COVID-19 between the Joint Task Force (JTF) Service Members (SM) and the population of Island of Kauai as the HING JTF SM 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.

A single source 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.

Every day that passes confirmed COVID-19 cases spike and the death toll increases. It is imperative that these supply 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, a single point for the procurement for daily meals is needed. 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 Island of Kauai many Contractors are 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 businesses 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 13 April 2020 through 17 April 2020 by the requiring activity and contracting team: 1LT Jeen Chu, SFC Celeste Lewi, SSgt Laura Logan, SGT Genavi Pablico, and SFC Jay Renguul, and SrA Jonathan Weber. Given the urgent nature of this emergency procurement, lack of requirements package and historical data for this requirement market research was conducted to the maximum extent practicable.

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.

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 minimize person to person contact between JTF SM and the populations, meals will be collected from a single source, placed at a consolidation point and delivered by a designated JTF SM. A single source 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.

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 to general public health and safety.

Websites were queried and none of them could provide the required supplies within the required timeframe. These supplies must be delivered in order to sustain the HING SM supporting domestic operations and 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.

Six (6) vendors within the area were called to see if could provide the required supplies 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 supplies within the area. These supplies 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 to general public health and safety. 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. Other Facts:

a. Procurement history. There are no known contracts for these supplies to support the recent outbreak of COVID-19. Previous contracts for prepared meals have not been for this same area. Due to the nature of this requirement, there is not sufficient time to conduct a competition for this particular need. Under non-emergent circumstances, the requirement would normally be completed and the requirements for close location to the duty location would be a much wider range; allowing for more competition.

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: Michelle G. Puesta, LTC Title: J4 Logistics Officer

PUESTA.MICHELLE.GU

ILLERMO.

Digitally signed by

PUESTA.MICHELLE.GUILLERMO.

2020.05.14 14:00:57 -10'00' 20200514

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.

Pricing evaluation will be based on the maximum allowable per diem rate for the location of duty per the Joint Travel Regulation (JTR).

This determination will be made using the following comparison of proposed rates compared with the maximum potential need at the maximum allowable per diem rate for subsistence.

As part of the basis, indicate that certified cost or pricing data is not required per FAR 15.403-1(b)(3).

Signature: ______ _________________Date: _________

Typed Name: Jonathan R. Weber, SrA Title: Contract Specialist

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: Manuel Llanes, MAJ Title: Contracting Officer

WEBER.JONATHAN.R

OBERT.

Digitally signed by

WEBER.JONATHAN.ROBERT.

Date: 2020.05.14 08:15:13 -10'00' 5/14/2020

LLANES.MANUEL. Digitally signed by

LLANES.MANUEL.

Date: 2020.05.19 14:08:36 -10'00'

Approval

Based on the foregoing justification, I hereby approve the procurement of prepared meals 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: _________

Typed Name: Manuel Llanes, MAJ Title: Contracting Officer

LLANES.MANUEL. Digitally signed by

LLANES.MANUEL.

Date: 2020.05.19 14:08:52 -10'00'