J_A Sole Source FAR 13.5 COVID-19 Urgency Paramus Marriott Hotel.pdf

Control Number: 20-08

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: Paramus, NJ Hotel Rooms for COVID-19 Mission

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

Amount: Room Rate: $109.00 Per Night Total Contract Not To Exceed $580,000.00

Prepared by: MAJ Wyman C. Arthur

Typed Name: Wyman Arthur DSN: 609-562-0717

Title: Contracting Specialist Date: 8 April, 2020

E-mail: wyman.c.arthur.mil@mail.mil

Contracting Officer:

Typed Name: Christopher A. Hower DSN: 609-562-0265

Date Reviewed: 10 June, 2020 E-mail: Christopher.a.hower.mil@mail.mil

Requirements Representative:

Typed Name: Margaret M. Bundesen DSN: 609-562-0281

Title: Operations Officer Date Reviewed: 10 June, 2020

Reviews

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

Legal Counsel

Typed Name: LTC Christopher Lazas DSN: (609) 562-0942

Signature: _________________________________ Date: ______________________

Paramus Hotel Rooms COVID-19 Mission

Advocate for Competition

Typed Name: COL Charles P. McDonald DSN: (609) 562-0210

Signature: _________________________________ Date: ______________________

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

1. Contracting Activity: USPFO-NJ-PC, W912KN

2. Description of Action: Firm Fixed Price Not to Exceed Contract

3. Description of Supplies/Services: Hotel Rooms in Paramus, NJ in support of COVID-19 Mission, Not to Exceed $580,000.00

Period of Performance: 08 April 2020 to 31 May 2020 Total Value: $ 580,000.00

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.

The New Jersey Joint Task Force 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, the New Jersey Joint Task Force has an urgent need for hotel rooms located near the mission site.

These hotel rooms are required in order to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will allow the soldiers working the COVID-19 mission to remain close to the mission site and allow adequate rest at the end of each work day.

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

The Paramus Marriott is located near the work site and has the available space requirements needed.

This federal contract is a follow up contract to the preceding state contract for hotel rooms supporting the COVID-19 mission.

6. Efforts to Obtain Competition: The flexibilities within FAR Part 18 were used for this acquisition and the requirement was not competed do to the urgent and compelling nature of the timing. As per FAR 5.201 this J&A will be published.

7. Actions to Increase Competition: Future actions will be competed unless time constraints do not allow for competition.

8. Market Research: Market research was conducted on 2 April 2020 by the contracting team. 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.

On April 2, 2020 the Governor of New Jersey activated the New Jersey National Guard utilizing state active duty orders. The basis of the National Guards mission was to help with testing sites, Veteran’s nursing homes, and mortuary affairs. When FEMA funds were released the New Jersey Army National Guard’s mission switched from state funding to federal funding on 8 April 2020. In order to keep continuity of the mission it was essential that the federal contract replace the state contracts that were in place.

Letter contracts were used to allow for immediate and seamless support to the mission.

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: 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.

10. Other Facts:

a. Procurement history. The New Jersey National Guard has contracted for hotel rooms in past acquisitions.

(1) W912KN-20-P-0005, 06 January 2020 W912KN-20-P-0002, 17 December 2019

(2) The above mentioned contracts were competed.

b. Other facts. This purchase is in support of the COVID-19 mission and requires expedited contracting procedures under FAR Part 18.

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

(March 2020)

11. 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: 10 JUNE 2020

Typed Name: SFC Toby Tirrito Title: Plans and Operations NCO

12. 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: MAJ Margaret Bundesen Title: Operations Officer

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The room rate provided by the hotel is the Government per-diem rate.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: CPT Christopher A. Hower Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of hotel rooms 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.

Typed Name: CPT Christopher A. Hower Title: Contracting Officer