JA - Urgent and Compelling (BPA for On-site COVID Testing) 100320 (Final).pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND

OPEN COMPETITION

FAR 6.302-2, Unusual and Compelling Urgency, 41 U.S.C. 3304(a)(2)

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:

The Federal Emergency Management Agency (FEMA), Office of the Chief Procurement Officer, proposes to enter into a contract on the basis of other than full and open competition through this Justification and Approval.

2. Nature and/or Description of the Action being Approved:

FEMA must acquire commercial services to provide equipment and personnel to conduct rapid antigen COVID-19 testing of federal responders, their partners, and any other individual designated to receive these tests by the government. These services will be provided for disaster declarations and steady state in areas where FEMA employees are located throughout the United States and its Territories (American Samoa, Guam, Johnston Atoll, Midway Islands, Northern Mariana Islands, Puerto Rico, US Virgin Islands and Wake Island), FEMA intends to process a volume of 150-200 personnel per site per day for screening. FEMA requires the contractor to ramp up and be on site within 48 hours of issuance of a call order for a particular location. The contractor shall provide confirmatory reverse transcriptase-polymerase chain reaction (RT- PCR) testing where positives are identified from the initial screening and/or where false positives are suspected (e.g., antigen or isothermal amplification testing).

This contractor will be required to provide all the resources necessary to carry out these requirements, such as (but not limited to) personnel, administration, PPE, diagnostic testing, vital sign measurement, and biomedical waste collection. FEMA requires near real time results in 15 to 45 minutes and the ability to convey those results to the individuals being tested, in a manner that ensures privacy standards are maintained. This capability will be based on state and local Public Health requirements.

If this contract is not awarded for these services, there will be serious degradation to FEMA's ability to safely conduct disaster operations and operate under a restricted COVID-19 environment. A disruption of services will be detrimental to accomplishing all FEMA missions given the current COVID-19 pandemic, upcoming influenza season, wildfire season in the western United States and a hurricane season that is predicted to be extremely active. These services are vital to safeguard FEMA employees and other agencies operating with FEMA.

Name and address of the contractor:

WELLNESS COACHES USA LLC

ATTN MARIS HOWE

725 SKIPPACK PIKE STE 300

BLUE BELL PA 194221749

Contract type:

The subject contract will be a Blanket Purchase Agreement allowing for Firm Fixed Price (FFP) call orders.

Period of Performance:

The period of performance of the BPA will be for one year, beginning 10/03/2020. Each BPA call order will have its own period of performance.

Estimated total value: The estimated value, BPA ceiling amount, is $48,187,181 Type of funding: Disaster Relief Funds, Non-Expiring Year of funding: Each order will be funded with FY 2021 funding.

Solicitation number: 70FB7021Q00000001

Background information about the requirement:

Since March 2020, FEMA has been developing and refining its proactive and precautionary strategies and actions to protect the work force for COVID-19. Temperature screening, communication, mandatory social distancing and the wearing of face coverings are just a few examples of existing FEMA strategies to reduce the spread of COVID-19. FEMA has developed a robust contact tracing process including documents with detailed guidance on what to do if an employee becomes positive, is a close contact or does not feel well. To ensure FEMA’s mission can be performed without interruption, employee COVID-19 testing is now incorporated as part of the comprehensive approach to reducing transmission in workplaces. To ensure employees can continue to work in unique environments with limited outside resources and be able to be properly lodged, FEMA will be testing identified employees in certain circumstances as necessary following all federal, state, and/or local guidelines. By doing so, FEMA is utilizing all possible resources to ensure the health and safety its employees.

3. Description of Supplies/Services.

FEMA intends to acquire commercial services to provide equipment and personnel to conduct rapid antigen COVID-19 testing of federal responders, their partners, and any other individual designated to receive these tests by the government. FEMA needs to have the capability to process a volume of 150-200 personnel per site, per day at a minimum for screening. FEMA must be able to ramp up and be on site within 48 hours of issuance of a call order for a location.

FEMA may issue multiple call orders in rapid succession, based on emergent needs.

FEMA will provide this capability based on state and local public health requirements. FEMA may expand the requirement to include concurrent operations at multiple facilities. FEMA will require the contractor to provide confirmatory reverse transcriptase-polymerase chain reaction (RT- PCR) testing where positives are identified from the initial screening and/or where false positives are suspected (e.g., antigen or isothermal amplification testing). The contractor must have a CLIA waiver in order to perform the requested lab tests.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.3304 (a)(2) implemented by FAR Subpart 6.302-2 titled “Unusual and Compelling Urgency.”

The requirement for onsite testing services facilitates the response to or recovery from a natural disaster, pandemic, act of terrorism, or other manmade disasters. On-site testing is required for responders before interacting with survivors, in order to mitigate the risk of exposure of

COVID-19.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The number of COVID cases across the United States continues to increase at a rate that indicates the virus is not contained. Responses to recent disasters such as Hurricanes Laura and Sally, and the wildfires along the West Coast of the United States require FEMA to provide the necessary employee resource to engage with state and local emergency managers, stakeholder partners and the public. The testing of employees is critical to detect COVID-19 early and decrease the chances of transmission, particularly in the unique work environments in which FEMA employees generally work. FEMA employees typically perform their duties in workplaces: a) where physical distancing is difficult and workers are in close contact, b) located in remote settings where medical evaluation or treatment may be delayed, c) where continuity of operations is a high priority d) where there is congregate housing for employees (e.g. responder camps) and

e) where the availability and capability of local testing is strained. FEMA’s ability to control the workspace of FEMA responders engaging with and working in communities where COVID-mitigating measures is lacking, and this limitation places increased risk to employees contracting COVID-19. As a result, FEMA must immediately put measures in place to identify employees with COVID-19 so that they can be isolated and limit the risk of transmission throughout the workforce, and to the people they serve.

Wellness Coaches, DUNS 196321173, is qualified to perform the Onsite Testing Services required at this time. Based on the urgent need for this contract, they have demonstrated that they are able to provide continuity of operations with the least impact on operations during the transition from this action to a permanent replacement contract vendor (yet to be identified). They have the capacity to support our disaster operations without a lapse in coverage. A lapse in services would impact the Onsite Testing Services that are critical to the safety of our Federal employees.

In addition, Paragraph 3304(a)(2) of U.S. Code 41 addresses Planning and Solicitation under Title 41-Public Contracts for Unusual and Compelling circumstances. This affords FEMA the most expeditious, cost effective, and risk mitigating approach to protecting the Government from serious injury; financial or otherwise. FEMA is granted authority pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121-5206) (Stafford Act), to assist the efforts of affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas. In accordance with section 101 Congressional Findings and Declarations (42 U.S.C. § 5121)(a)) of the Stafford Act, Congress found and declared the following:

(1) because disasters and pandemics often cause loss of life, human suffering, loss of income, and property loss and damage; and

(2) because disasters and pandemics often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

Seeking additional sources for this action is not practical or viable given the urgency of the need; however, there is currently a competitive solicitation underway for these testing services being procured by DHS. Once those multiple award contracts are awarded, it is FEMA’s intent to stop utilizing this sole-source BPA and begin using these competitive multiple award contracts. In accordance with FAR 5.202(a)(2)(Exceptions), an announcement through the Government-wide point of entry will not be published for this effort. The proposed contract action is being made under the conditions described in 6.302-2. Pursuant to FAR 6.305, the Justification will be made available on FedBizOpps.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determines the anticipated price(s) will be fair and reasonable based on historical prices, an independent government estimate and comparison with commercial pricing. The IGCE will include a point estimate to calculate the cost. This point estimate will be used to determine a Firm Fixed Price. These measures will provide FEMA confidence that cost will not substantially increase for this action and will be used to ensure fair and reasonable pricing.

8. Description of Market Research.

The Market Research for this effort has been conducted on a continual basis since March 2020. The results of the market research were documented in the Market Research Report, associated with the subject services. The market research revealed that there are several sources available that can meet provide these services; however, Wellness Coaches is the only firm known to be able to provide these services immediately with the required expertise in testing, rapidity of deployment capability, and turnaround time of tests.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

None.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

FEMA is aware of 4 other potential sources that would have an interest in proposing on this requirement: Lab24, Inc, Tidesmart Global, Comprehensive Health Services and Acadian Ambulance Service. It is not feasible to conduct a competition among those services at this due to urgent need of On-Ste COVID-19 testing services at FEMA’s disaster sites, as a continued delay of award will risk the health of FEMA employees, first responders, and the survivors with whom they will potentially have contact.

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.

None

12. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

SHARON EDWARDS Date Contracting Officer, FEMA

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.

DOUG OWENS Date Technical Representative, FEMA

14. Legal Counsel Review. I reviewed this Justification and Approval for Other Than Full and

Open Competition in accordance with HSAM 3006.304-70 and find it legally sufficient.

RAFAEL LARA Date Legal Counsel, FEMA

SHARON D EDWARDS Digitally signed by SHARON D EDWARDS Date: 2020.10.03 12:07:32 -05'00'

DOUGLAS W OWENS Digitally signed by DOUGLAS W OWENS Date: 2020.10.03 13:19:46 -04'00'

RAFAEL LARA JR. Digitally signed by RAFAEL LARA JR.

Date: 2020.10.03 13:34:06 -04'00'

15. APPROVALS:

Date

Date

TYUANA BAILEY

Procuring Activity Advocate for Competition

BOBBY McJ. CANE Head of Contracting Activity, FEMA

Digitally signed by TYUANA L BAILEY Date: 2020.10.03 13:55:08 -04'00'

BOBBY J MCCANE Digitally signed by BOBBY J MCCANE Date: 2020.10.03 16:19:50 -04'00'