JA 20-RHCO-P-314 (COVID-19) Urgency (Housekeeping Services Century Link Convention Center).pdf

Control Number: 20-RHCO-P-314

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

(March 2019)

Justification Review Document FAR 6.302-2 Other than Full and Open Competition

Urgent and Compelling for COVID-19

(1) The Preparer: MSG Neal Hurst

(2) The Contracting Officer; Larry A. Bradbury

(3) As applicable, the Advocate for Competition, the SCO or the HCA.

Program/Equipment: Type I, II, III, Housekeeping services (OR, ICU, ICW)

Authority: 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency.

DSN: 253-966-3306

Date: 5 May 2020

Amount: $747,332.44

Prepared by:

Typed Name: MSG Neal Hurst

Title: Med Log NCIOC

E-mail:Neal.hurst2.mil@mail.mil

Contracting Officer:

Typed Name: ________________________________DSN: _____________________

Date Reviewed: __________________E-Mail: ________________________________

Technical Representative:

Typed Name: ________________________________DSN: 253-966-3306

Title: Med Log NCOIC Date Reviewed: May 05, 2020

Requirements Representative:

Typed Name: ________________________________DSN: 253-966-3306

Title: Med Log NCOIC Date Reviewed: May 05, 2020

Control Number: 20‐RHCO‐P‐314

(State specific supply or services being procured and location)

(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: ________________________________DSN: ______________________

Signature: _________________________________ Date: ______________________

Advocate for Competition

Senior Contracting Official (Only applies if total dollar value over $13.5M)

Justification and Approval FAR 6.302-2 Other than Full and Open Competition

Urgent and Compelling for COVID-19

1. Contracting Activity: Regional Health Contracting Office-Pacific, Health Contracting Cell, Joint Base Lewis-McChord (JBLM), 673 Woodland Square Loop SE, Lacey WA 98503.

2. Description of Action: 62nd Medical Brigade Madigan, Joint Base, Lewis-McChord Tacoma WA is requesting a 03 Priority for housekeeping.

3. Description of Supplies/Services: The contractor must provide Type I, II, III, Housekeeping services (OR, ICU, ICW)

Period of Performance: 01April 2020 to 31 May 2020

Total Value: $747,332.44

4. Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

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.

62 Medical Brigade 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, 62 Medical Brigade has an urgent need for Housekeeping services. These Housekeeping services are required in order to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will allow the 62nd Medical Brigade to assist Washington State with COVID -19 treatments to the public population.

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

Provide additional information related to this specific procurement. If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor’s unique qualifications for fulfilling the contract requirements.

(a) The rationale used for justifying the cited authority should be consistent throughout the document as appropriate.

(b) Justifications citing FAR 6.302-2: If the delay associated with the requirement for first article testing is the principal reason for not awarding the contract on a full and open basis, clearly describe the reasons why first article testing is required and why other quality assurance techniques are inadequate. Contracting officers may submit J&As citing this authority for approval after the contract has been awarded (see FAR 6.302- 2(c)(1)).

(c) Justifications citing FAR 6.302-2 or 6 must request offers from as many potential sources as practicable under the circumstances.

(d) Since urgency is the determined basis, the following are required:

1. Factually establish the urgent and/or compelling need. What were the circumstances leading to the emergency? COVID-19

2. Provide the required performance/delivery schedule: 01 April 2020 – 31 My 2020. What is the required quantity of items/services appropriate for the urgent procurement with supporting rationale? TYPE I, II, III cleaning for the

(OR, ICU, ICW)

3. The public will continue to spread the virus and making it impossible to contain the virus. If we continue to wait it will cost the government over 10 million dollars.

4. Address why other Contractors are unable to meet the Government’s requirements in a timely manner. Due to the time constraints and the COVID- 19 pandemic we do not have the time to wait for the other contractors to recruit the necessary people for the requirement.

5. Address any other considerations: N/A

(e) Alternatives: N/A

(f) Address the following as applicable.

1. What are the verified minimum requirements of the Government? How much further will the current items/services carry you? How much additional items/period of performance will you require? N/A

2. If competition would have been feasible had more time been available, discuss other factors that had an impact on the decision to solicit only one or a limited number of sources to satisfy the requirement (e.g. time available versus time required, phase-in/phase-out time, complexity of requirement, etc.). Other competition would not be feasible due to how quickly the virus is spreading.

3. Whenever the required action was "directed or mandated" by some higher level, be sure to include full information saying who imposed the requirement, how the mandate was communicated and the rationale for the mandate. Attach the applicable documentation (letter, message, etc.). If the reason why the customer has the requirement is to comply with any directive or FRAGORD, address the directive. OPORD 20-27-115 Coronavirus Response to FORSCOM EXORD ISO Defense Support of Civilian Authorities (DSCA) FY20

4. Identify the constraints such as schedule requirements, unique features and mandatory requirements, or the existence of patent, proprietary data, copyright or other such limitations which restrict competition. Due to the nature of the virus time was the biggest constraint.

6. Efforts to Obtain Competition: N/A

7. Actions to Increase Competition: N/A

8. Market Research: Describe the extent and the results of the market research (FAR Part 10) conducted to identify all qualified sources. Research must have been meaningful (demonstrated attempt to discover all relevant material).

Market research was conducted from May 5 2020 through 5 May 2020 by the requiring activity and contracting team: MSG Neal Hurst, and Richard Meadows. 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 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.

Explain the lack of resources or lack of capacity that necessitates the sole source action in terms of the guidance provided by the Governing authorities listed above. Explain how the contractor chosen is uniquely qualified to provide the required supplies/services. The contractor provides housekeeping services for MAMC. They have the capabilities and workers to respond to this requirement expeditiously.

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.

Services:

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following: N/A

a. Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected: N/A

(1) Contract numbers and dates of the last several contracts for these same requirements.

(2) The competitive status of these actions.

(3) Authority previously cited if less than full and open competition was used.

b. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated.

11. Technical Certification: Include the following statement:

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:__________________________

12. Requirements Certification: Include the following statement:

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:__________________________

13. Fair and Reasonable Cost Determination: Include the following determination:

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

Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.). As part of the basis, indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 applies.

Signature: ________________________________Date: __________

Typed Name:

_____________________________Title:__________________________

14. Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

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

Signature: ________________________________Date: __________

Typed Name:

_____________________________Title:__________________________

Approval

Based on the foregoing justification, I hereby approve the procurement of (state equipment/services being procured and total dollar value) on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(2) Unusual and Compelling Urgency, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: _____________________________ Date: _______________

Typed Name:___________________________ Title:__________________________