JNA W912PF21P0002.pdf

Control Number: 2021-001A Program/Equipment: Prefabricated Isolation Clinics, Botswana

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

(March 2020)

Justification Review Document

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

Program/Equipment: USAFRICOM J56 (Humanitarian Aid and Health Affairs) Emergency COVID-19 response prefabricated isolation clinics to support remote populations throughout Botswana

Authority: Special Emergency Procurement Authority, 41 U.S.C. 1903; Simplified Procedures for Certain Commercial Items as implemented by FAR Subpart 13.5.

Amount: The total estimated cost for 1 each prefabricated isolation clinics is $1,770,000.

Prepared by:

Typed Name: Mr. John Merli DSN:

Title: Chief Humanitarian & Health Activities Date: 07 Sep 2020

E-mail:

Contracting Officer:

Typed Name: MSG Lamine Fall DSN:

Date Reviewed: 26 Oct 2020 E-Mail:

Technical Representative:

Typed Name: Mr. John Gregory Sanders DSN:

Title: Humanitarian Affairs Medical Coordinator and Program Manager

Date Reviewed: 07 Sep 2020 Email:

Control Number: 2021 001A

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

(March 2020)

Requirements Representative:

Typed Name: LTC Robert Hammack TEL:

Title: Chief, OSC, US Embassy, Botswana Date Reviewed: 07 Sep 2020

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: CPT Nicholas DauSchmidt DSN:

Signature: __ Date: ______________________

Advocate for Competition

Typed Name: Mr. James Ward DSN:

Signature: __ _____ Date: ______________________

DAUSCHMIDT.NICHOLAS.CARL. Digitally signed by

Digitally signed by

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

(March 2020)

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

Contracting Activity: Regional Contracting Office-Africa, 414th Contract Support Brigade

Description of Action: The U.S. AFRICOM Humanitarian Department is requesting prefabricated isolation facilities to provide care for patients with mild, moderate, or severe symptoms requiring supportive clinical care. This is to support the US Embassy in Botswana Humanitarian initiative in response to the COVID-19 Pandemic. Each unit will measure 15m x 17m and consist of an 8x bed en-suite cabin ideal for infection control, which will include a nurse station, vinyl sheeting, and 14 air conditioning units.

These units will be delivered to the hospitals where the Ministry of Health and Wellness determined to have inadequate facilities. The US Government anticipates a Firm Fixed price contract to support this effort with an estimated award date in December 2020 utilizing OHDACA funds supporting Humanitarian Assistance Projects coordinated through the USAID Country Team in Botswana. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

Description of Supplies/Services: Emergency pandemic response: One time purchase of 1 each locally manufactured prefabricated isolation clinics to support remote populations throughout Botswana. Preparation of site, delivery of units, and hook-up to basic utilities (water, electric, sewage) are included in this requirement.

Delivery Date: Anticipated delivery date TBD.

Total Value: $ 1.7M (Estimated)

4. Authority Cited: Special Emergency Procurement Authority, 41 U.S.C. 1903;

Simplified Procedures for Certain Commercial Items as implemented by FAR Subpart 13.5.

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.

The government of Botswana (GoB) has an urgent need for prefabricated isolation clinics in Botswana. These prefabricated isolation clinics are required in order to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will provide the Botswana medical community with a COVID 19 pandemic

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

(March 2020) isolation medical capability to local hospitals. This will allow the diversion of COVID 19 symptomatic patients from emergency rooms/hospitals; decreasing/eliminating the accidental exposer to other patients, healthcare workers, and the general public within the hospitals.

Every day that passes confirmed COVID-19 cases spike and the death toll increases. It is imperative that these prefabricated isolation clinics 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.

The purchase of these prefabricated isolation units is time sensitive and critical do to the nature of providing the Botswana medical community with a COVID 19 pandemic isolation medical capability to local hospitals. The Botswana Ministry of Health initially attempted to purchase this isolation capability but quickly determined that they did not have the budget to support the requirement. The U.S. Embassy team was approached by their counterparts within the Ministry of Health with this need, which was quickly turned into an Overseas Humanitarian Assistance Shared information System (OHASIS) project and funded by the Defense Security Cooperation Agency (DSCA).

The prefabricated isolation clinic meet the immediate needs of the GoB because their own Ministry of Health researched and selected this capability and this local company by themselves prior to involving the U.S. Embassy. The selected prefabricated buildings can be quickly delivered and installed to meet the critical nature of their intended use. The Botswana Ministry of Health have agreed to outfit the clinics with the personnel and medical equipment necessary to perform as intended.

The COVID-19 pandemic has forced Botswana into an existential crisis.

Botswana is minimally populated with most communities living in rural areas where access to medical aid is extremely limited. This is coupled with the fact that Botswana suffers from a HIV infection rate of approximately 20% of the total population, which is a significant health condition that may exacerbate the mortality of COVID-19 in Botswana. This project is designed to help mitigate the spread of COVID-19 in these vulnerable populations.

Access to the appropriate goods and materials are limited due to the economically constrained environment of COVID-19. Cost effective access to materials and skilled labor is constrained to the local market and extremely limited.

This urgent and compelling project requires immediate implementation to have an impact in mitigating the spread of COVID-19 across Botswana. The vendor provided is capable and have resources available to complete this requirement, also can begin work immediately upon receiving contract.

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

(March 2020)

GoB letter of request for assistance included in OHASIS project Component parts of prefabricated clinic are in limited supply. Specialized training in construction design of unique components required.

Competition would have been feasible without the COVID-19 movement restrictions imposed within the host nation. This limited the opportunities for USAFRICOM and the US Embassy in Botswana to independently verify currently available companies providing equivalent capabilities. If this J&A is not approved, measurably increase and the ability to contain a COVID-19 outbreak will be nearly impossible. This action is to support the US Embassy in Botswana Humanitarian initiative in response to the COVID- 19 Pandemic.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. Three vendors were available in Botswana. The Botswana Ministry of Health evaluated all three companies and deemed only Panel Built LTD is capable of meeting their need in regards to the limitations of COVID-19. This vendor is capable and have resources available to complete this requirement, also can begin work immediately upon receiving contract considered. A notice was not posted for this requirement IAW the exception in FAR 5.202 under unusual and compelling urgency which precludes competition to the maximum extent practicable.

7. Actions to Increase Competition: Given the current environment with COVID-19, Botswana’s borders and airport remain closed to international travel to mitigate the spread of COVID-19 which makes it extremely difficult to obtain competition outside of Botswana.

8. Market Research: 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

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

(March 2020) 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.

These prefabricated isolation clinics will allow the diversion of COVID 19 symptomatic patients from emergency rooms / hospitals; decreasing/eliminating the accidental exposer to other patients, healthcare workers, and the general public within the hospitals in Botswana.

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.

Market research was initially conducted by the GoB for the construction of prefabricated isolations clinics that could be rapidly installed to supplement existing infrastructure in areas of limited medical capability/capacity to service remote populations. These clinics will serve as an immediate mitigation measure to slow/stop the spread of COVID-19 in these remote districts. Companies with the adequate skill and access to materials required are extremely limited in Botswana due to the stress put on international commerce, skilled labor, and equipment brought on the Southern Africa Region by the COVID-19 global pandemic. The Botswana Ministry of Health initially approached Panel Built LTD to purchase this isolation capability but quickly realized it did not have the budget to support the requirement. The prefabricated isolation clinics meet the immediate needs of Botswana because their own Ministry of Health researched and selected this capability and local company themselves prior to involving the U.S.

Embassy which can be quickly delivered and installed to meet the critical nature of their intended use.

Botswana’s borders and airport remain closed to international travel to mitigate the spread of COVID-19. Commercial goods continue to flow inter-regionally, but personnel and labor are restricted. This severely affects the availability of goods and services outside of Botswana and restricts them to those available in the Southern Africa region.

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

(March 2020)

Based on the guidance issued by the WHO, CDC, U.S. Government organizations, and other State Departments throughout the world, people are stocking up on prefabricated isolation clinics so there is a worldwide shortage of the required supplies.

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.

Supplies:

Three vendors within the area were contacted to see if they had the supplies in stock and only one has the resource required supplies. These prefabricated isolation clinics are required urgently. If these prefabricated isolation clinics are not provided urgently, measurably increase and the ability to contain COVID-19 outbreak will be nearly impossible in Botswana. These supplies cannot be obtained online from other vendors because they are not available or would not arrive fast enough to meet the Government’s needs. Due to the COVID-19 outbreak, there is a shortage of these supplies within the area/worldwide.

10. Other Facts: Due to the constraint in Botswana to mitigate the spread of COVID-19, borders and airport remain closed to international travel which make it difficult to procure this requirement full and open. Commercial goods continue to flow inter-regionally, but personnel and labor are restricted in Botswana

a. Procurement history. This requirement is the first time the US government is seeking to procure prefabricated COVID-19 buildings in Botswana; no other similar contract action was previously performed. In Botswana, however, similar requirements were procured in the US.

b. Other facts. None.

11. Technical Certification: 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: __________

Name: Mr. John Gregory Sanders

Title: Humanitarian Affairs Medical Coordinator and Program Manager

SANDERS.JOHN.GREGORY. Digitally signed by

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

(March 2020) availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: _Date: __________

Typed Name: Mr. James Ward Title: Advocate for Competition