JA Face Coverings Redacted 12May20.pdf
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- COVID19 Face Coverings Federal contract opportunity
- Solicitation number
- FA564120A0004
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Justification and Approval (J&A) for Other Than Full and Open Competition
FOR OFFICIAL USE ONLY
March 2020 FOR OFFICIAL USE ONLY Page 1 of 4
Was a J&A approved for the preceding acquisition? Yes No
Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )
Is this a Bridge Action as defined at AFFARS 5302.101? Yes No
Dollar Value of this Acquisition:
Contracting Activity: 764th SCONS
Purchase Request (if available):
Program / Project (and PE, if applicable): USAF COVID-19 Face Coverings
Program Type (PEO, Enterprise, of Operational): Enterprise
Authority: 6.302-2 – 10 USC 2304(c)(2), Unusual and Compelling Urgency
Estimated Contract Cost (including options): BPA Ceiling J&A Type: Class Individual
! ! Provide estimated cost of all contracts.
COORDINATION (AFFARS 5306.304(a) )
Date
09 Apr 2020
Project Lead / Program Mgr / Requiring Activity
Signature
Date
Contracting Officer
Attorney-Advisor
Chief of the Contracting Office (COCO)
APPROVAL (AFFARS 5306.304(a) )
Date
Competition Advocate
March 2020 FOR OFFICIAL USE ONLY Page 2 of 4
I. Agency and Contracting Activity.
United States Air Force
764 SCONS
APO AE 09094-3187
UNIT 3187
United States
II. Nature and/or description of the action being approved.
The purpose of this action is to establish Multiple Blanket Purchase Agreements (BPAs) to procure cloth masks in response to COVID-19 for DoD members (further outlined in Para V). Awards will be made to multiple vendors to ensure there is enough quantity to meet DoD requirements without interfering with provisions for medical staff. Additionally, contractors have been sourced through market research and have been verified as responsible sources. The BPA will be awarded by the 764th SCONS with decentralized ordering by DoD contracting offices operating in the EUCOM and AFRICOM theaters. This J&A will serve as authority for all regional contracting offices.
III. Description of supplies/services required to meet agency needs (including the estimated value).
The supplies furnished by the BPAs will be cloth face coverings for individual wear that comply with the Center for Disease Control and U.S. Surgeon General's guidelines on cloth face coverings. The individual cost is estimated to be roughly per mask. The following are the CDC guidelines:
The face mask/covering shall:
1) Fit snugly but comfortably against the side of the face and cover the mouth and nose
2) Be secured with ties, ear loops, or wrap-around fabric (e.g. balaclavas)
3) Include at a minimum two layers of two, 10-by-6-inch rectangles of cotton fabric (tightly woven cotton, such as quilting fabric or cotton sheets)
4) Allow for breathing without restriction
5) Have the ability to be laundered and machine dried without damage or change to shape for 75 launderings
IV. Statutory authority permitting other than full and open competition.
10 U.S.C. 2304(c)(2), Unusual and Compelling Urgency, as implemented by FAR 6.302-2.
V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).
Per FAR 6.302-2, Unusual and Compelling Urgency, is applicable in those situations where an unusual and compelling urgency precludes full and open competition and delay in award of a contract would result in serious injury, financial or other, to the Government.
Based on the quick and wide-spread nature of the COVID-19 outbreak and the 05 April 2020 Secretary of Defense Memorandum: Department of Defense Guidance on the Use of Cloth Face Coverings, the response to COVID-19 qualifies as an unusual and compelling urgency precluding full and open competition. If this action were to be solicited with full and open competition, it would take significantly more time, during which health-related harm to those who work in a public setting or cannot work with 6 feet of separation, could result in their exposure to the potentially deadly virus. Unmitigated exposure to the virus could bring physical harm to Military Personnel, DoD Civilian Employees, family members, DoD Contractors, and all other individuals on DoD property, instillations, and facilities, as well as the harm of substantially
March 2020 FOR OFFICIAL USE ONLY Page 3 of 4 impacting the warfighter readiness and capability in the event more government employees get ill and cannot continue their mission essential tasks. In the event this effort has to be competed, personnel may have to continue to provide personal cloth face protection in order to comply with AF and DoD guidance. In order for the government personnel to continue safe operations, the cloth mask procurement needs to be completed immediately, thus creating an unusual and compelling urgency to temporarily use other than full and open competition.
The contractors selected for the BPAs will have demonstrated the ability to supply the necessary labor, equipment, and materials to properly provide the required supplies. The contractors will also have the ability to begin performance immediately following receipt of a call against an awarded BPA.
VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under
FAR 5.202 applies.
FAR 5.202(a)(2) refers to conditions described in FAR 6.302-2 for purchases and procedures of unusual and compelling urgency precluding competition to the maximum extent practicable. The serious and unexpected COVID-19 crisis constitutes as an unusual and compelling circumstance, requiring immediate action and therefore not allowing time for full and open competition. On going market research will be fully utilized to identify potential vendors and to issue subsequent BPA to any vendor who can meet the DoD requirements in para 2 and demonstrate abilities per para 5.
VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.
The proposed price lists for the BPAs will be evaluated based on market research including comparison to commercial vendors, and other agency pricing on similar buys. Based on this price analysis, the anticipated cost to the Government will be determined to be fair and reasonable.
VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.
The market research is evaluating current capabilities within required Government sources of supply, the existing commercial marketplace, and emerging vendors including non-traditional DoD contractors. However, due to the unusual and compelling nature of the COVID-19 national emergency, and the requirement to comply with AF and DoD guidance market research has been limited. It is crucial that this requirement begins immediately as positive COVID-19 results across Europe and Africa, including DoD installations, are expected to continue to increase exponentially on a daily basis per various CDC and World Health Organization projections.
IX. Any other facts supporting the use of Other Than Full and Open Competition.
N/A
X. List of any sources that expressed, in writing, an interest in the acquisition.
Market research conducted by AFICC/KUS and 764 SCONS revealed six vendors that are interested and can potentially perform this action.
XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.
After this period of compelling urgency has ended, but within no longer then one year, the Contracting Officer and the
March 2020 FOR OFFICIAL USE ONLY Page 4 of 4
Requiring Activity will re-evaluate to ensure this effort is returned to Full and Open Competition.
XII. Certification by the Contracting Officer.
As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.
XIII. Certification by the technical/requirements personnel.
As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.
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