JA Mobile Vaccine Units for Other Than Full and Open Competition(final)(febjm).pdf

J&A Other Than Full and Open Competition Rev. 2/5/2016

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Justification &Approval (J&A) Justification For Other Than Full And Open Competition

41 U.S.C. 3304

Control Number: 21-025

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Office of the Chief Procurement Officer (OCPO) proposes to enter into a contract on an other than full and open competition basis. This Justification and Approval (J&A) document provides rationale which serves to justify this action on other that full and open competition basis.

2. Nature and/or description of the action being approved.

(a) Type of action: The Department of Homeland Security, FEMA, OCCPO, proposes to enter into a Firm Fixed Price contract on a basis other than full and open competition by issuing a sole source contract to one (1) contractor, Disaster Management Group (DMG); 19100 SW Warfield Blvd. Indiantown, FL 34956.

(b) Amount: $21,384,853.00

(c) Type of funding: Disaster Relief Funds

(d) Year of funding: Fiscal Year 2021

(e) Other brief descriptive words and phrases: [Example: DHS intends to procure on a sole source basis software upgrade and maintenance services for proprietary software services.

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List the name and address of the proposed contractor(s). The manufacturer is the only one that provides this upgrade and the required support for a smooth transition.]

The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Office of the Chief Procurement Officer (OCPO) proposes to enter into a contract on an other than full and open competition basis. The name and address of the proposed contractor is: DMG;

19100 SW Warfield Blvd. Indiantown, FL 34956. This contractor currently has the required capabilities to meet FEMA’s urgent requirements.

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Include the purpose the supplies or services are intended to fulfill or the function the supplies or services provide.

FEMA requires the development of a mobile capability to provide vaccine distribution in multiple locations throughout the CONUS in response to State, Local, Tribal and Territorial (SLTT) requests for support in administering COVID-19 vaccines as part of the nation’s response to the COVID-19 vaccine program. The requirement is to provide rapidly deployable self-contained mobile units that can be utilized at the local level for the administration of vaccinations in small rural and impoverished communities in addition to wrap around services for each site. Wrap around services includes setup, breakdown, and transport in addition to nightly deep cleaning, ablution, generator maintenance, refueling, and ancillary support. The Contractor will provide a four-person team around the clock that provides all the wrap around services. The initial requirement is to provide up to 30 mobile vaccination units (MVU’s) to satisfy SLTT requests for support in administering COVID-19 vaccines. The current SLTT requests are from OH, MI, IL, MO and Navajo Nation.

Period Total

Base Period (150 days)

Equipment Rental $4,765,603

Wrap Around Services $16,331,250

Mobilization/Demobilization $288,000

Total $21,384,853

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4. Identification of statutory authority permitting other than full and open competition.

Cite the authority under one of the “seven exceptions” listed under FAR 6.302.

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(2) implemented by FAR 6.302-2, Unusual and Compelling Urgency.

This requirement facilitates the response to or recovery from the COVID-19 pandemic.

The period of performance will be 150 days from contract award in accordance with the limitation set forth in HSAR 3006.302-270(d)(1)(iii).

5. Demonstration that the nature of the acquisition requires use of the authority cited.

a. Background information about the requirement;

The COVID-19 outbreak was declared as a pandemic on March 11, 2020 and as a national emergency via Presidential Proclamation on March 13, 2020. The vaccinations have recently begun being distributed to communities throughout the United States. Consistent with the January 2021 memorandum entitled, Office of the President, National Strategy for the COVID-19 Response and Pandemic Preparedness, Goal Two (2), mobile vaccination units are required to provide an opportunity to rural and impoverished communities, that may not be able to easily access fixed-location vaccination opportunities. FEMA must assist with vaccinations quickly to include providing the MVU’s and wraparound services to remote locations to prevent the further spread of COVID-19 which would result in serious injury (threat to human life) as a result of the COVID-19 outbreak.

The immediate acquisition of these mobile vaccination units is necessary to ensure citizens are provided the COVID-19 vaccination in a fair and equitable manner and FEMA is fulfilling its mission of responding to this public health emergency.

Therefore, FEMA must establish an immediate acquisition vehicle to provide these critical supplies and services to help reduce the loss of life. Due to this unusual and compelling health emergency, it is recommended to sole source with DMG because it has 30 units with sub-zero refrigeration capabilities. The Contractor has a proven track record with FEMA and other Government agencies including DoD and USACE. Delay or not responding in an urgent manner to the current SLTT requests from OH, MI, IL, MO and Navajo Nation by providing vaccination and wrapround services as quickly as possible would result in serious injury (threat to human life) as a result of COVID-19.

b. Details covering what events lead to the situation requiring use of other than full

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Market research was conducted and found one company who can immediately provide up to 30 mobile vaccination units that offers sub-zero refrigeration to transport and store the COVID-19 vaccine and who can also provide the needed wrap around services at each location throughout the United States. FEMA needs to secure these mobile units immediately before the demand increases and delivery timeframes are extended by months at a time. Market research conducted found that the manufacturing times associated with producing mobile vaccination units with sub-zero capabilities range from 12-14 weeks in duration. This delay is unacceptable give the urgent and compelling nature of FEMA’s requirement.

The need and extent for these units is likely to continue to evolve as the vaccination supply increases and can be provided to more communities throughout the United States. The intent is to secure as many mobile units that are currently available to meet the immediate need of the State’s requests. Concurrent to this immediate and urgent need, the Contracting Office intends to post a Request For Information/Sources Sought to garner interest and capability for the same services and supplies so that a competition can be held for future units and associated services.

c. Why considered alternatives will not work;

The Government considered issuing a requirements contract to satisfy the proposed robust MVU need. However, the most responsive vendor had immediate access to 30 MVUs with Health & Human Services compliant subzero refrigeration capabilities therefore, we thought it to be in the best interest of the government to procure the immediate available units and compete the longer-term need later. The Government’s intent is to secure the immediate units available to fulfill the direct and urgent need. Furthermore, the Government would ideally like to competitively acquire the anticipated (250) remaining future units due to the projection of 5 units per State. A contract with a 150-day period of performance is enough time to meet the immediate need while the Contracting Office plans for the follow-on contract to be a competitive action in accordance with FAR 6.302-2(d)(1).

d. Which authority applies and why; and

As stated in Section 4 of this J&A, the statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(2) implemented by FAR 6.302-2, Unusual and Compelling Urgency.

This requirement facilitates the response to or recovery from the COVID-19 pandemic.

The period of performance will be 150 days from contract award in accordance with the limitation set forth in HSAR 3006.302-270(d)(1)(iii).

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e. Explain the impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

FEMA’s mission to provide assistance before, during, and after disasters incorporates providing fair access and opportunity to all citizens within this diverse nation.

FEMA’s ability to respond to current SLTTs requests will be severely hindered if this available supply disappeared. If FEMA does not take action to procure these available MVUs and wraparound services as quickly as possible it risks serious injury (threat to human life) as a result of COVID-19 vaccination delays. Additionally, the vaccination centers are currently being set up in big cities and regional hospitals. Not only will this procurement provide FEMA the capability to respond to the urgent SLTT requests, it also enables FEMA to get the vaccine to reach rural and impoverished communities which meets our mission of helping and responding to citizens during a disaster in an equitable manner as required by 42 U.S.C. 5151.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

In accordance with FAR 5.202(a)(2), the Contracting Officer need not submit the notice as required by FAR 5.201 when the proposed contract action is made under the conditions described in FAR 6.302-2 and the Government would be seriously injured if the agency complied with the time periods specified in FAR 5.203.

As stated above, the Government intends to compete any follow-on requirement and it will comply with the posting requirements in accordance with FAR Subpart 5.2 at that time.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will determine the price as fair and reasonable based on historical prices paid for the same/similar supplies and/or the techniques described in FAR 15.404-1, such as comparison with the Independent Government Cost Estimate or experience of a subject matter expert on the services/supplies, if historical prices cannot be found.

8. Description of market research.

The Program Office conducted market research on the DHS Strategic Sourcing Vehicles and the GSA Schedules to determine if there were any existing contracts that could meet the current need.

Since the scope did not align on any DHS vehicles and because the GSA vendors could not provide sub-zero capabilities, the internet was then searched for a list of contractors that would be able to provide the sub-zero refrigeration units, since the sub-zero refrigeration is a critical capability of this effort. The market research showed that only DMG is able to provide both the sub-zero refrigeration in addition to the wrap around services throughout the United States in an immediate timeline. Other companies were not able to rent or lease the units to the Government and only

- 6 -provided an option to purchase, which the Government was not interested in due to the need for immediate use in response to urgent SLTT requirements. In accordance with FAR 7.402, the acquisition method that has been considered for this action is leasing versus the purchase method.

FEMA in support of the nationwide emergency declaration concerning the coronavirus disease 2019 (COVID-19) public health strategy has determined that the lease method is appropriate and advantageous to the Government under the circumstances. Therefore, the urgent, robust, and professional response in combatting the healthcare crisis with MVUs allows for speed and flexibility through leasing, permitting the vendor to manage the logistics of mobilization and facility maintenance of the MVUs more readily thus permitting the agency the healthcare focus of prioritizing vaccination administration to underserved and difficult to reach communities in the short run. At this time, the lease method serves as an interim measure when the circumstances may require immediate use of equipment to meet program; but right now, it does not currently support acquisition by purchase. Further, because two companies could not provide wrap around services, the IGCE includes price comparisons from another FEMA contract to provide an “apples to apples” comparison for the Contracting Officer.

9. Any other facts supporting the use of other than full and open competition.

Competing requirements taken under the authority of this Justification For Other Than Full and Open Competition would result in unacceptable time delays in fulfilling the agency’s immediate need of responding to urgent SLTT requests for assistance in response to the COVID-19 public health emergency. A delay in an award of this critical requirement would result in serious injury (threat to human life) because it will delay FEMA’s ability to respond and administer COVID-19 vaccines per request of the SLTTs by approximately 12 to 14 weeks.

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

The following firms expressed interest in the MVU requirements:

Disaster Management Group (DMG) ProPac, Inc.

MO Great Dane

However, only DMG could provide the full requirement of MVUs and wraparound services.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

For subsequent procurements of these MVU services, the Contracting Office will be conducting market research by posting a Request for Information/Sources Sought to further engage industry with the intent of establishing a larger contract vehicle(s) for similar units so that it can realize additional cost savings and economies of scale by competing the requirement among multiple companies. This will help satisfy the longer term needs of FEMA and SLTTs.

12. Contracting Officer’s Certification. I certify that the data supporting the recommended

- 7 -use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date

APPROVAL:

Procuring Activity Advocate for Competition Date

Head of Contracting Activity Date

DAVID G COLBERT Digitally signed by DAVID G COLBERT Date: 2021.02.04 19:13:00 -05'00'

02/04/2021