NAN-Sole Source JA - Javitz Center.pdf

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

CONTROL NO: 20-0004

PROJECT/EQUIPMENT: COVID-19 Alternate Care Facility (ACF) at Jacob K. Javits Convention Center, New York, NY

AUTHORITY: 10 U.S.C. 2304 (C) (1) AMOUNT: $50,000,000.00

PREPARED BY:

CONTRACT SPECIALIST

SIGNATURE:

NAME: Monica Chahary

DATE: 26 March 2020

PHONE: 917-790-8182

CONTRACTING OFFICER

NAME: Francis Cashman

PHONE: 917-790-8173

TECHNICAL

NAME: Matthew Emigholz

PHONE: 917-790-8248

REQUIREMENTS

NAME: Matthew Emigholz

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

NAME: Justin Helfman

PHONE: 917-790-8004

PROJECT MANAGER

NAME: Matthew Emigholz

DISTRICT COUNSEL

NAME: Lorraine Lee

PHONE: 917-790-8055

DISTRICT CONTRACTING CHIEF

NAME: Francis Cashman

PHONE: 917-790-8173

SCO COUNSEL

NAME: Tristan Brown

DATE:

PHONE: 202-761-8541

SCO ATLANTA/ALTERNATE

COMMAND ADVOCATE FOR

COMPETITION

SIGNATURE:

NAME: Laura Eichhorn

DATE:

PHONE: 404-562-5051

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Typewritten Text 28 March 2020

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Typewritten Text 27 March 2020

NAN 20-0004

Justification and Approval for Other than Full and Open Competition

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, New York District (CENAN), Contracting Division, New York, NY

2. DESCRIPTION OF ACTION: In support of Presidential National Emergency Declaration Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, on 13 March 2020, approval is requested for a Justification and Approval (J&A) to award a commercial services, firm fixed price (FFP) Letter Contract to New York Convention Center Operating Corporation (NYCCOC), 655 W 34th Street, New York, NY 10001-1114, on an other than full and open competition/sole-source basis. The action will be awarded as an Undefinitized Contract Action (UCA) and will ultimately be definitized as a FFP - contract. The type of funds utilized will be Federal Emergency Management Administration (FEMA) Disaster Relief funds. There are no planned options identified for the contract.

3. DESCRIPTION OF SUPPLIES/SERVICES: The purpose of this contract will be to provide commercial services in accordance with (IAW) the Presidential National Emergency Declaration. Work effort will consist of retrofitting the selected space into an Alternate Care Facility (ACF) to serve patients ranging from Non-Acute Non-COVID patients up to critical-care (COVID) patients. This effort is to provide an ACF meeting basic healthcare functions with an emphasis on patient isolation, infection control, fire protection and life safety. This Justification is for the following project: Convert Jacob K. Javits Convention Center into an Alternate Care Facility (ACF) in New York. The estimated total value of the contract to be awarded under this J&A is $50,000,000.00. This amount is based upon the independent cost estimates for the project. The period of performance for the contract is anticipated to be two (2) weeks in total and performance must begin immediately to meet this schedule.

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

5. REASON FOR AUTHORITY CITED: In support of the Presidential National Emergency Declaration, consistent with DFARS PGI 206.302-2(b), where of this [unusual and compelling urgency] authority may be appropriate . . . [for] construction needed at once because of fire, flood, explosion, or other disaster. The age need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to sole-source a contract to a single firm.

Background/Selection of Sole Source Contractor: CENAN conducted market research to identity the most highly qualified firms that could complete the required commercial services.

New York Convention Center Operating Corporation (NYCCOC) (CAGE CODE: 5YXK8) was determined to be the highest qualified firm for the specific requirement to provide commercial services for the retrofitting efforts to convert the Jacob K. Javits Center into an Alternative Care Facility (ACF) because of their demonstrated ability to complete the work. NYCCOC is already prepositioned because they are located at the Jacob K. Javits Convention Center and part of the state of New York. No other provider would be able to mobilize as immediately as NYCCOC.

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IAW FAR 6.302-2(c)(1), this justification is made and approved

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Typewritten Text after contract award due to reasons of unusual and compelling urgency.

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Typewritten Text W912DS-20-C-0007 was awarded on 25 March 2020 with a NTE ceiling of $30.5M.

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Letter contract

Justification: The President declared a national emergency on 13 MAR 2020. FEMA assigned USACE to support Emergency Support Function (ESF) #3 Works and Engineering. On 22 March 2020, FEMA assigned the Agency a mission assignment that included the above referenced hospital work. This work is urgent and compelling in nature. As described by the President, [t]he spread of COVID-19 within our communities threatens to strain our healthcare systems. According to the Centers for Disease Control (CDC), as of March 24, 2020, 44,183 people from 54 jurisdictions (50 states, District of Columbia, Puerto Rico, Guam, and US Virgin Islands) have been infected with the virus that causes COVID-19, with the numbers rising more each day. It is incumbent on hospitals and medical facilities throughout the country to assess their preparedness posture and be prepared to surge capacity and USACE has been requested to provide design, construction, and commercial services support to increase the capacity of our N healthcare system and must undertake design and construction as quickly as possible, to provide the necessary surge capacity. The Governor of the State of New York specifically identified this venue as the first choice for the health facilities due to its ability to accommodate a large number of beds and its proximity to traditional health facilities.

Without limiting the number of sources, the Government would be unable to undertake construction quickly enough to meet the immediate need for additional hospital capacity in this area and would not meet the delivery schedule necessary to provide additional capacity as close to the projected surge date as possible. A traditional commercial services project acquired IAW the requirement for full and open competition under the Competition in Contracting Act (CICA) could take upwards of 2-3 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 is expected to be 2-3 months or more. This time savings is critical in order for the required retrofitting to begin as quickly as possible, supporting the urgent and compelling nature of this procurement, and to ensure timely response to the national emergency.

Alternative: CENAN examined several alternatives for fulfilling these requirements, but no other alternative would allow for performance to begin immediately. A Determination and been approved by the Senior Contracting Official.

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. The USACE is the only entity with the capacity to build the infrastructure needed to support response to this emergency, but can only do so if certain exceptions full and open competition are implemented. Failure to select a single firm, in conjunction with utilizing a letter contract to allow the contractor to begin performance immediately and definitize at a later date, would result in delays in commercial services support required to adequately respond to the COVID-19 outbreak and would have severe adverse impacts on the safety and the public health of the United States. Approval of this J&A will enable U.S. Army Corps of Engineers, CENAN to expedite award for urgently needed retrofitting services identified above in paragraph 3.

6. EFFORTS TO OBTAIN COMPETITION: As discussed in Paragraph 5, Alternative, no other alternative will allow 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.

7. ACTIONS TO INCREASE COMPETITION: CENAN is mindful of the requirement in FAR 6.302-2 to request offers from as many potential sources as is practicable under the circumstances. However, here it is not practicable to request an offer from more than one source, because without issuing a letter contract on a sole-source basis, CENAN would be unable to undertake work immediately and would not meet the delivery schedule of two (2) weeks.

Further, the Javits Center controls the contractors who can do work in the facility. By awarding to New York Convention Center Operating Corporation we are ensured that there are no access issues or real estate issues to be resolved.

8. MARKET RESEARCH: Based upon the Presidential National Emergency Declaration, CENAN was instructed to determine the most expeditious tools available to fulfill these urgent and compelling COVID-19 requirements. Immediately a review of existing contract vehicles was conducted. Across the ACF mission, the Government is attempting to maximize competition to the greatest extent practicable IAW FAR Part 6, and provide maximum practicable opportunities to locally based contractors. The Government conducted market research and will now continue sole-source negotiations with New York Convention Center Operating Corporation.

9. INTERESTED SOURCES: In this instance, the need to undertake commercial services as soon as possible is of such an unusual and compelling urgency that the Government and the public would be seriously injured unless CENAN is able to limit the number of sources from which it solicits. To date, no other sources have written to express an interest.

10. OTHER FACTS: NA

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.

Name: Matthew Emigholz Title: CENAN Chief Military Section Signature: ______________________________ (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: CENAN Chief Military Section Signature: ______________________________

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."

This will be determined by conducting a detailed cost/price analysis of the 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 IAW FAR Part 15, and Certified Cost or Pricing Data will be required IAW FAR 15.403-4.

Name: Francis Cashman Title: Contracting Officer Signature: _____________________________

14. OFFICE OF COUNSEL APPROVAL: I have reviewed this J&A and find the justification adequate to support other than full and open competition.

Name: Lorraine Lee Title: District Counsel Signature: _____________________________

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

Name: Francis Cashman Title: Contracting Officer Signature: _____________________________

APPROVAL

Based on the foregoing justification, I hereby approve this contract to provide commercial services in support of the Alternate Care Facilities effort for the Jacob K. Javits Convention Center in New York on an other than full and open competition basis pursuant to the authority of 10 U.S.C. §2304(c)(2), Unusual and Compelling Urgency, subject to the availability of funds, and provided the work herein described has otherwise been authorized for acquisition.

Name: Ms. Jill E. Stiglich, SES Title: Head of the Contracting Activity Signature: _____________________________

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In accordance with FAR 6.302-2(c)(1), this justification is made and approved after contract award due to the unusual and compelling urgency of this requirement.