JA - Beta Sam.pdf

SENSITIVE BUT UNCLASSIFIED SENSITIVE BUT UNCLASSIFIED

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity: The Bureau of Medical Services (MED) through the Office of Acquisition Management (AQM) has an urgent and compelling re-quirement for temporary lodging to be utilized for the temporary housing of Department of State employees returning from the overseas environment during the COVID-19 pandemic. A delay in award not only compromises the Department’s ability to respond to this potentially lethal and highly contagious virus, but ultimately may compromise the life and safety of Chief of Mission personnel conducting diplomatic missions both domestically and overseas, as well as enhance the possible community spread amongst the U.S. domestic population

2. Nature and/or description of the action being approved: AQM intends to immediately award a sole-source contract to State Plaza Hotel for temporary lodging of four (4) hotel rooms on a dedicated floor with the option to expand the total number of rooms to fifteen (15) rooms. The period of performance is five (5) months. The anticipated total cost for the base requirement is not including options.

3. A description of the supplies or services required to meet the Department’s needs. The Department has a requirement for immediately available temporary lodging of personnel returning from an overseas environment within walking distance to State Annex 1 (2401 E Street NW, Washington, DC) to allow for self-quarantine and medical monitoring following travel and poten-tial exposure to the novel coronavirus. Given the expected volume and pace of returning personnel, the Department requires a standing capacity of four (4) hotel rooms, including two (2) suites and two rooms with two beds each. All require functional kitchenettes and bathrooms.

4. An identification of the statutory authority permitting other than full and open comple-tion. The statutory authority permitting other than full and open competitions is 41 USC 3304(a)(2), FAR 6.302-2, Unusual and Compelling Urgency.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The Government has identified a single hotel with required kitchenettes, the ability to dedicate a complete floor to this scalable requirement, and within walking distance to State Annex 1 that is appropriate to satisfy this urgent and compelling requirement. Further research is precluded by the imminent arrival of travelers within the next 48 hours.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The Bureau of Medical Services has conducted independent market research to identify options of additional sources; however, resources are limited due to multiple hotels’, apartments’, and real estate management companies’ refusal to accept the liability of ac-cepting quarantined or high risk COVID contacts returning from overseas.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. The Contracting Officer will determine fair and reasonableness based on historical data/prices and the comparison to GSA Per Diem rates for D.C. locality.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conduct. An exhaustive search of other locations on the market have been vetted previously by the Department. Extensive challenges have been found with locations willing to accept quarantined or high-risk travelers, which have resulted in an extreme limit in the ability to utilize alternate vendors. Given the critical urgency to respond to this crisis, it is recom-mended to use this location to meet the agency’s requirement.

9. Any other facts supporting the use of other than full and open competition. Because of the unique severity and scope of the current COVID-19 outbreak, and the public response to “stay-at-home” and quarantine instructions, to include District of Columbia Mayor’s Order 2020-053 “Closure of Non-Essential Businesses and Prohibition on Large Gatherings During Public Health Emergency for the 2019 Novel Coronavirus (COVID-19)” the majority of lodging businesses are refusing the admittance of high risk contacts and asymptomatic COVID-19 positive patients.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisitions.

While several vendors were contacted, none expressed the willingness or capability to provide lodging for high risk contacts and asymptomatic COVID -19 positive patients nor have any interest in exploring alternate options to support the Department’s requirement in the urgent timeframe needed to immediately respond to this pandemic.

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent actions for the supplies or services required. If this requirement continues past the initial 5-month period of performance, the Government will com-pete this requirement in accordance with FAR Part 12 requirements.

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that this submission is accurate, and that it contains complete data necessary to support the recommendation for other than full and open competition.

William A. Walters, M.D., MBA Date Deputy Chief medical Officer for Operations U.S Department of State

SIGNATURE:

Kelley S. Kershner Date Contracting Officer

A/OPE/AQM/IP/COM

Gary W. Clark Date Branch Chief

A/OPE/AQM/IP/COM

_________________________________ __05-01-2020______________ Dennis J. Gallagher Date Asistant Legal Adviser Office of the Legal Adviser, Buildings and Acquisitions (L/BA)

Sharon D. James Date Competition Advocate

A/OPE/AP