MICC 2020-03 FAR Part 13.5 Sole Source JA Urgent Redacted.pdf

Control No: MICC 2020-03 Contractor: Heritage Center dining facility

Program/Equipment: COVID-19 Operations MOB Ready-to-Eat Meals

Version –March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: The Task Force (TF) 76th has been mobilized to stand up a COVID-19 Command and Control site in Salt Lake City, UT. This mobilization requires meals for each soldier as near as possible to the operations center at the University Of Utah and Fort Douglas, UT.

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

Amount:

Prepared by: Mathew Pickering COM:

Logistics Management Specialist/FPM Date: 20200319 Email:

Contracting Officer: Melanie Kiel DSN:

Contracting Officer Date: 20200321

Technical: COL Dale Draeger COM:

G4 ADCOS Date: 20200321

Requirements: Mathew Pickering COM:

G4 ADCOS Date: 20200321

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Typed Name: COL Dale D. Draeger

COM:

Signature:

Version –March 2017 FOR OFFICIAL USE ONLY

Legal Counsel:

Typed Name: Lance Hughey

DSN:

Signature:

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items –

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: Mission & Installation Contracting Command (MICC) - Fort McCoy

2. Description of Action: TF 76th requests a firm-fixed price ready-to-eat meals contract with the Heritage Center dining facility. The Government projects award for March 2020 and fiscal year 2020, OMA funds will be used.

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).

3. Description of Supplies/Services: Ready-to-eat meals in to-go style containers, delivered to Fort Douglas operations, to support mission needs in the effort to prevent further spread of COVID-19. The vendor must be with-in walking distance of Fort Douglas, UT operations.

Three meals a day for up to 150 soldiers for 119 days. Meals will include healthy choices and alternatives. Also they will have dietary alternatives and religious options to be available for a multitude of personnel. The meals will be served in disposable containers with sealed dinner ware and drink choices.

Period of Performance: _25 March 2020_ to _22 July 2020_ Total Value:

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

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Other:

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.

TF 76th has a public responsibility to comply with the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) guidance to prevent further spread of COVID-19. They are also required to comply with Department of Defense and U.S. Army Europe guidance to implement plans to ensure compliance with directed force health protection measures throughout the area of operations in order to prevent an

Program/Equipment: COVID-19 Operations MOB Ready-to-Eat Meals

Version – March 2017 FOR OFFICIAL USE ONLY outbreak of COVID-19 within U.S. personnel (service members, civilians, contractors, and dependents) or confine it to as small a population as possible. In order to comply and put protective measures in place, Task Force 76th has an urgent need for meals.

These supplies are required in order to protect the public from the spread of (or isolate people infected with) COVID-19. This requirement will assist by limiting the amount of locations and personnel soldiers travel to, by confining them to very limited locations for meals and social distancing. This action will aid TF 76th in the mission to detect, prevent, and treat COVID-19, by allowing soldiers to be close to conduct duties that include:

Command and control, mission analysis, coordinate critical supplies, surveillance to find, isolate, test and treat every case in order to break the chain of transmission. As well as reduce and suppress. Reduce transmission by finding and isolating as many cases as possible and quarantining their closest contacts. Protect health facilities, old age homes, critical areas of supply, and other vital areas to support the local economy. The WHO recommends testing all suspected cases.

Every day that passes confirmed COVID-19 cases spike and the death toll increases. It is imperative that these supplies are obtained as quickly as possible to protect public health. This contractor is the only one that can offer the required supplies because of the close proximity of the Heritage center dining facility to the duty site, for COVID-19 Task Force. Keeping the feeding close to the duty site will reduce the risk of spreading the virus and minimize the soldiers’ potential for contact outside of the testing area; keeping soldiers close for rotation/shift changes; and minimize costs for transportation. 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.

a. Due to the social distancing and personnel restraints that have been imposed from the spread of COVID-19, meals need to be brought to and provided to the TF personnel to minimize exposure to the TF personnel. Because of Fort Douglas’s close proximity to the University Of Utah, they are best structured to support the requirements;

and provide the flexibility needed with the ever changing battle field and mission requirements of the COVID-19 Command and Control site.

The Heritage Center dining facility is within walking distance of Fort Douglas, UT;

and are able to provide the maximum flexibility to sustain the Task Force personnel during the next few months, with meals in close proximity to help reduce/minimize personal interactions; to meet the required social distancing and keep from spreading the COVID-19 virus, as much as possible.

There are not any other vendors in the close vicinity that can offer the selection or flexibility that the Heritage Center is able to provide. The mission may require midnight meals, which no other dining facility is able to support.

COVID-19 is a fast spreading pandemic, and time is of the upmost importance to be set up and in place to mitigate exposure. The authority of urgent and compelling is used as this requirement is based on an urgent mobilization mission to assist in the control of the COVID-19 pandemic.

Due to the short time frame, less than 7 days, to react to the pandemic and urgent response, TF 76th is unable to allow the contracting agency to use competitive methods for this requirement; which would normally take no less than 30 days.

Program/Equipment: COVID-19 Operations MOB Ready-to-Eat Meals

Version – March 2017 FOR OFFICIAL USE ONLY

The TF 76th was first notified on 17 March of the requirement to mobilize their personnel in support of COVID-19; and that mobilization efforts were to be implemented as close as possible to 21-23 March 2020 for up to 120 days.

The contractor will be required to produce up to 150 meals two times a day (breakfast and dinner), and 100 meals once a day (lunch) daily for 120 days. With the potential of producing 40 meals, for midnight meals, if a 24 hour operation is needed. They are required to deliver the meals to specific areas to reduce person to person contact due to COVID-19.

If the sole source is not permitted, the basic life support for the incoming Task Force will be severely hindered as the 76th does not have the food service personnel to sustain the unit and the MRE’s on hand will only sustain the unit for five days. Due to the demand of MRE’s the estimated delivery time is fourteen days. Mission failure would be inevitable as soldiers would not be able to be fed sufficiently to ensure proper health and safety.

b. Alternatives: alternative options have been considered. The command has procured MRE’s as a second course of action; however, due to AR 30-22, MREs are only sustainable for 21 days. TF 76th has discussed sourcing food service personnel to cook raw sustenance; however we do not have any organic food service personnel, and will take some time to arrange. This may be a course of action in the future when more time is allowed to request for troops to support; however, at this time there is insufficient time to establish the troops support and ensure purchase and delivery of sufficient product for the meals. The command has also considered how to help stimulate the local economy, as directed by higher authority, while getting the fastest support; hence the decision to contract for meals.

c. Other considerations:

This request is for the original 120 day mobilization order to get the TF stood up and operations flowing. Once the TF is functioning and the COVID-19 pandemic is further analyzed, and the future needs are known, a more competitive contracting method could be considered. If the mission appears to need to run longer than the original 120 day order, the government will attempt to compete; provided the COVID-19 pandemic restrictions are not still an impact in restricting the vicinity of service.

On 17 March 2020 U.S. North Command (USARNORTH) issued FRAGORD 15 to

USARNORTH OPORD 20-0005 (FOR DOD SUPPORT TO DHHS COVID-19

RESPONSE). Directing DOD national level activation in support of National Response Coordination Center (NRCC), Regional Response Coordination Centers (RRCC), and Joint Field Office (JFO).

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

7. Actions to Increase Competition: No competition is being conducted for this requirement due to the time constraints discussed above, and the need for meals as close as possible to the site of duty. If future needs are determined beyond the 120 day period the government will make every effort to compete to the fullest extent possible.

Program/Equipment: COVID-19 Operations MOB Ready-to-Eat Meals

Version – March 2017 FOR OFFICIAL USE ONLY

8. Market Research:

Market research was conducted from 17 March 2020 through 19 March 2020 by the requiring activity and contracting team: Mathew Pickering, MSG Michelle Hill, and William Yazzie. Market research was minimal due to the urgent nature of the procurement and the lack of requirements package and historical data for this requirement. On 17 March once they had received the WARNO of the pending mobilization. Proximity, capability and availability were the deciding factor for the vendor.

Due to schools being shut down or going to online classes, the University dining facility is the most viable option as they are equipped to support our numbers with the flexibility needed to meet our changing requirements. Only the vendor nearest the University and Fort Douglas was contacted to determine their ability to support the mission needs. The timeframe for the research was greatly shortened due to the sudden urgency of the COVID-19 pandemic and the urgent need to get resources in place to support the TF 76th personnel.

In December of 2019 an outbreak of COVID-19 was reported in Wuhan City, Hubei Province, China. 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.

As of 13 March 2020, there are almost 125,000 cases reported to the WHO, from 118 countries and territories. As of 12 March 2020, 4,291 people have lost their lives from the COVID-19. In the first two weeks of March, the number of cases outside China increased 13-fold and the number of affected countries tripled. 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 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.

The TF 76th has been mobilized to assist in testing and containment of the COVID-19 pandemic. In order to conduct the duties assigned the soldiers require meals. To maintain personal protective measures in social distancing, meal delivery is required to minimize person to person contact. The meals must be as close as possible to the site of duty to limit the travel distance and risks involved with transmission of the virus, to aid in

Program/Equipment: COVID-19 Operations MOB Ready-to-Eat Meals

Version – March 2017 FOR OFFICIAL USE ONLY minimizing the impacts, and to increase social distancing practices. The TF will be commanding and controlling the logistical efforts to set up and maintain medical support in regions VIII, IX, and X. The TF is preparing units and supply locations to be logistically ready for large scale medical needs to support local governments and FEMA if/when required. The TF has been ordering large quantities of medical supplies to test early symptoms to be prepared to break the early chain of transmission of COVID-19 within their staff. By utilizing this contract, TF 76th will reduce the possibility of transmission, by limiting the amount of social interaction between TF staff and local personnel.

The DoD issued a travel notice on 13 March 2020, effective 16 March 2020, which suspended all domestic travel by DoD military and civilian personnel. Due to this travel ban, TF 76th is very limited to the personnel and locations they have available to set up their operations. The Travel ban is in effect until 11 May 2020, with the possibility of being extended. Most non-essential or personnel able to telework have been directed by their individual commands. Due to the nature of TF 76th’s mission, telework is not feasible as they require numerous briefs and meetings daily to keep the combatant commander informed of mission status and preparation.

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.

The United States Department of Defense issued several memorandums in response to the COVID-19 outbreak. These memorandums enforce CDC guidance. The Department of Defense Memorandum for Force Health Protection (Supplement 2) – DoD Guidance for Military Installation Commanders’ Risk-Based Measured Responses to the Novel Coronavirus Outbreak allows military commanders outside the United States to use risk-based measures in response to COVID-19 while considering CDC guidance, CDC Travel Health Notices, and host nation mitigation actions.

The Deputy Assistant Secretary of the Army for Procurement (DASA(P)) issued a memorandum on 12 March 2020 stating they are aware of potential wide-reaching impacts throughout Army Contracting Command related to contractors not being able to perform with the global spread of COVID-19. Epidemics and quarantines are causes beyond a contractor’s control and may be considered an excusable delay.

On 17 March 2020 U.S. Army North (USARNORTH) issued FRAGORD 15 to

USARNORTH OPORD 20-0005 (FOR DOD SUPPORT TO DHHS COVID-19

RESPONSE). Directing DOD national level activation in support of National Response Coordination Center (NRCC), Regional Response Coordination Centers (RRCC), and Joint Field Office (JFO). The purpose of this was to task commanders with General Officer for Force Protection responsibility and Garrison Commanders to prepare to mobilize and support the DHHS response to the COVID-19 pandemic. This directed certain USARNORTH subordinate and tenant commands to implement directed support to FEMA RRCC.

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 bottled water

Program/Equipment: COVID-19 Operations MOB Ready-to-Eat Meals

Version – March 2017 FOR OFFICIAL USE ONLY and groceries to an extent that several Army units in the local area where unable to procure raw sustenance to cook their normal meals during the past battle training assembly. So there is a nationwide shortage of the required supplies, which is what the TF is being stood up to assist with.

Due to the COVID-19 outbreak, there is a shortage of vendors within the area that are able to provide service due to being unable to have public dine-in. The Governor has ordered all dine-in venues restricted, to support the directive of social distancing. Due to schools being shut down or going to online classes, the University dining facility is a viable option as they are equipped to support our numbers with the flexibility needed to meet our changing requirements.

9. Interested Sources: There are no other interested sources, as they 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.

Only this vendor is within walking distance of the University. This vendor was contacted to see if they had the ability to support the complex feeding requirements of this mission.

These supplies are required urgently as they are the base life support to keep Soldiers fed and morale high. This is important during the stressful time of deployment and mission outside of their normal residence, in support of COVID-19 testing and containment efforts. Failure to provide the required meals will result in the soldiers not having a proper diet and energy to maintain physical readiness to support the mission.

The inability to feed could result in a higher risk of health and safety to the individuals and their inability to support the mission efficiently. These supplies cannot be obtained online from other vendors because the quantities needed would not be able to be sustained, and the type of meal flexibility needed. Due to the COVID-19 outbreak, there is a shortage of vendors within the area. Other vendors are not able to provide service due to being unable to have public dine-in, as the Governor has ordered all dine-in restricted to support the directive of social distancing.

No notice was posted on FBO due to the short suspense for this requirement. All sources sought would not benefit as the identified vendor is the known closest to the site of duty.

10. Other Facts:

a. Procurement History: There are no known contracts for these supplies in the local area to support the recent outbreak of COVID-19.

(1) The previous contracts for meals have not been for this same area. Under non-emergent circumstances, the requirement would normally be competed and the requirements for close location to the duty location would be a much wider range;

allowing for more competition.

Program/Equipment: COVID-19 Operations MOB Ready-to-Eat Meals

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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.

Typed Name: COL Dale D. Draeger Date: 20200321 Title: Program Manager Signature:

12. Requirements 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.

Typed Name: COL Dale D. Draeger Date: 20200321 Title: G4 ADCOS Signature:

Program/Equipment: COVID-19 Operations MOB Ready-to-Eat Meals

Version – March 2017 FOR OFFICIAL USE ONLY

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Pricing evaluation will be based on the maximum allowable ME&I per diem rate for the location of duty per the Joint Travel Regulation (JTR).

This determination will be made using the following: IGCE: The Purchase Requisition (PR) serves as the IGCE and was developed with the maximum potential need at the maximum allowable ME&I.

As a part of this basis, certified cost or pricing data is not required per the exceptions in FAR 15.403-1(b)(2) & (3). Pricing is regulated by the JTR, and the item and/or services being acquired are considered commercial.

Typed Name: Melanie Kiel Date:

Title: Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Melanie Kiel Date:

Title: Contracting Officer Signature: