NAN_Final Phase 2 JA_COVID ACF_ Westbury_AECOM SPE SIGNED.PDF

New York ACF Old Westbury Control # NAN 20-005

After-the-Fact JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: Limited Sources Phase II COVID19 ACF

AUTHORITY: 10 U.S.C. 2304 (C) (2)

CONTROL NO: NAN 20-0005

AMOUNT: $1 5 00

PREPARED BY:

CONTRACT SPECIALIST

NAME: Sandra Schenning

PHONE: 917-790-8177

DATE:

CONTRACTING OFFICER

NAME: Nicholas Emanuel

PHONE: 917-790-8069

DATE:

TECHNICAL

NAME: William Maher

PHONE: 917-790-8584

DATE:

REQUIREMENTS

NAME: Matthew Emigholz

PHONE: 917-790-8248

DATE:

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

DISTRICT SMALL BUSINESS

SPECIALIST

SIGNATURE: :

NAME: Justin Helfman

DATE:

PHONE: 917-790-8004

PROJECT MANAGER

SIGNATURE:

NAME: Matthew Emigholz

DATE:

PHONE: 917-790-8248

DISTRICT COUNSEL

SIGNATURE:

NAME: Lorraine Lee

DATE:

PHONE: 917-790-8173

DISTRICT CONTRACTING

CHIEF

SIGNATURE:

NAME: Francis Cashman

DATE:

PHONE: 917 790-8055

COUNSEL TO SCO-ATLANTA SIGNATURE:

NAME: Barbara Hebel

DATE:

PHONE: 202-761-1259

SCO-ATLANTA/ALTERNATE

COMMAND ADVOCATE FOR

COMPETITION

SIGNATURE:

NAME: Laura Eichhorn

DATE:

PHONE: 404-562-5051

HELFMAN

.JUSTIN.13

68284110

Digitally signed by

HELFMAN.JUSTIN.

1368284110 Date: 2020.04.15 15:31:18 -04'00'

CASHMAN.FRAN

CIS.1386668368

Digitally signed by

CASHMAN.FRANCIS.1386668368

Date: 2020.04.15 15:49:58 -04'00'

EMIGHOLZ.

MATTHEW.W

.1266892248

Digitally signed by

EMIGHOLZ.MATTHE

W.W.1266892248 Date: 2020.04.15 15:56:49 -04'00'

15 April 2020

15 April 2020

15 April 2020

15 April 2020

15 April 2020

15 April 2020

HEBEL.BARBARA

.N.1228746874

Digitally signed by

HEBEL.BARBARA.N.1228746874

Date: 2020.04.15 19:25:24 -04'00'

DATE:

Digitally signed by

EICHHORN.LAURA.J.1026254783

Date: 2020.04.15 22:46:49 -04'00'

STIGLICH.JILL.

E.1093489817

Digitally signed by

STIGLICH.JILL.E.1093489

Date: 2020.04.16 12:55:28 -04'00'

After-the-Fact Justification and Approval for Other than Full and Open Competition

CONTRACTING AGENCY: U.S. Army Corps of Engineers (USACE), DESCRIPTION OF ACTION: In support of Presidential National Emergency Declaration Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, dated 13 March 2020, after-the-fact approval is

DESCRIPTION OF SUPPLIES/SERVICES: The purpose of this contract was to provide design-build construction services in accordance with hedule.

AUTHORITY CITED: 10 U.S.C. § 2304(c)(2), as implemented by Federal Acquisition Regulation (FAR) 6.302-2, Unusual and Compelling Urgency.

REASON FOR AUTHORITY CITED: Consistent with Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Information (PGI) 206.302-2(b), “use of this [unusual and compelling urgency] authority may be appropriate . . . [for] construction needed at once because of fire, flood, explosion, or other disaster.” In support of the Presidential National Emergency Declaration, the agency’s need for this construction was of such an unusual and compelling urgency that the Government would have been seriously injured unless the agency was permitted to sole-source a contract to the single firm selected from the group of firms that were down-selected after Phase I of this two-phase design-build acquisition.

Background/Selection of Sole Source Contractor:

Justification: The President declared a national emergency on 13 March 2020. FEMA assigned USACE to support Emergency Support Function (ESF) #3 “Public Works and Engineering.”

ommence immediately. As described by the President, “[t]he spread of COVID-19 within our Nation’s communities threatens to strain our Nation’s healthcare systems. As of March 12, 2020, 1,645 people from 47 States have been infected with the virus that causes COVID-19. It is incumbent on hospitals and medical facilities throughout the country to assess their preparedness posture and be prepared to surge capacity and capability.”

USACE has been requested to provide design and construction support to increase the capacity of our Nation’s healthcare system and needed to undertake design and construction as quickly as possible, to provide the necessary surge capacity.

Without limiting the number of sources from which the Government solicited a Phase II proposal to a single firm, the Government would have been unable to undertake construction quickly enough to meet the immediate need for additional ACF capacity in this area and would not have met the necessary delivery schedule to provide additional capacity as close to the projected surge date as possible. A traditional design-build project acquired in accordance with the requirement for full and open competition under the Competition in Contracting Act (CICA) could take upwards of 6-9 months to award based upon historical averages of contracts of this dollar amount. The time savings achieved through use of other than full and open competition was 6-9 months, as this entire two phase process took little more than three days. This time savings was critical in order for construction to begin as quickly as possible, supporting the unusual and compelling nature of the urgency of this procurement and the national emergency.

Alternatives:

Impact: As determined by the President, the current COVID-19 outbreak presents a public health crisis and constitutes a national emergency. Because of the magnitude and gravity of the emergency, the President declared that hospitals must be prepared to surge capacity and capability, and that additional measures are needed to successfully contain and combat the virus in the United States. USACE is the only entity with the capacity to build the infrastructure needed to support response to this emergency, but could only do so if certain exceptions to full and open competition were implemented. Failure to select a single firm from the group of firms down-selected after Phase 1 of this two-phase design-build acquisition, utilize a letter contract, undertake construction immediately, and complete within ently needed design and construction services identified above in Paragraph 3.

EFFORTS TO OBTAIN COMPETITION: solicited from as many firms as was practicable for Phase I. A limited sources J&A approved by the Senior Procurement Executive, Control No. CENAN 20-003, 26 March 2020, supported other than full and open competition for Phase I. It was necessary to negotiate a contract with a single source selected from the group of firms down-selected after Phase I of this two-phase design-build acquisition. As discussed in Paragraph 5, “Alternatives,” no other alternative would have allowed performance to begin immediately. The notice required at FAR 5.201 will not be published based on the exception at FAR 5.202(a)(2), Unusual and Compelling Urgency.

ACTIONS TO INCREASE COMPETITION:

MARKET RESEARCH: Based upon the Presidential National Emergency Declaration volunteering to help with the COVID mission, to the extent practical within the time constraints of the emergency. Across the ACF mission, the Government attempted to maximize competition to the greatest extent practicable in accordance with FAR Part 6, and provided opportunities to locally based contractors.

Market research was conducted as part of the Phase I process, and the Phase II process was limited to only consideration of those firms down-selected after Phase I.

INTERESTED SOURCES: In this instance, the need to undertake construction as soon as possible was of such an unusual and compelling urgency that the Government and the public would have been seriously injured unless was able to limit the number of sources from which it solicited a Phase II proposal to one.

OTHER FACTS: NA

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.

Name: Matthew Emigholz Title: Program Manager Signature: ______________________________

EMIGHOLZ.MATTH

EW.W.1266892248

Digitally signed by

EMIGHOLZ.MATTHEW.W.1266892

Date: 2020.04.15 15:57:13 -04'00'

(date in electronic signature)

12. REQUIREMENT 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.

Name: Matthew Emigholz Title: Deputy for Program Signature: _______________________________ Management (date in electronic signature)

EMIGHOLZ.MATTH

EW.W.1266892248

Digitally signed by

EMIGHOLZ.MATTHEW.W.1266892

Date: 2020.04.15 15:57:34 -04'00'

13. FAIR AND REASONABLE COST DETERMINATION:

etermined by conducting a detailed cost and price analysis of the offeror’s definitization proposal, taking into consideration all pertinent information including field pricing assistance, audit reports and technical analysis, fact-finding results, independent Government cost estimates, and price histories. The contractor will be required to submit their price/cost proposal in accordance with FAR Part 15, and Certified Cost or Pricing Data will be required in accordance with FAR 15.403-4.

Name: Nicholas Emanuel Title: Contracting Officer Signature: _____________________________

(date in electronic signature)

14. CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: Nicholas Emanuel Title: Contracting Officer Signature: ___________________

(date in electronic signature)

EMANUEL.NICHO

LAS.1298804880

Digitally signed by

EMANUEL.NICHOLAS.129880488

Date: 2020.04.15 16:06:04 -04'00'

EMANUEL.NICHO

LAS.1298804880

Digitally signed by

EMANUEL.NICHOLAS.1298804880

Date: 2020.04.15 16:06:48 -04'00'