NAP_COVID ACF Ph2 JA NAP New Bridge SCO approved final.pdf

After-the-Fact JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: New Bridge Alternate Care Facility

AUTHORITY: 10 U.S.C. 2304 (C) (2) AMOUNT: $3,927,544.28.

PREPARED BY:

CONTRACT SPECIALIST

NAME: Frederick Conway

PHONE: (215) 656-6833

DATE: 22 April 2020

CONTRACTING OFFICER

NAME: Gregory Keaton

PHONE:(215) 656-3826

DATE: 22 April 2020

TECHNICAL

NAME: Thomas Gibison

PHONE: (215) 656-6927

DATE: 22 April 2020

REQUIREMENTS

NAME: Thomas Gibison

PHONE: (215) 656 6927

DATE: 22 April 2020

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 Rippert

DATE: 22 April 2020

PHONE: (347) 370-4588

PROJECT MANAGER

SIGNATURE:

NAME: Thomas Gibison

DATE: 22 April 2020

PHONE: (215) 656-6927

SIGNATURE:

NAME: John

DATE: 22 April 2020

PHONE: (215) 656-6526

DISTRICT CONTRACTING CHIEF

SIGNATURE:

NAME: Nora Cherry

DATE: 22 April 2020

PHONE: (215) 656-6770

COUNSEL TO SCO-ATLANTA SIGNATURE:

NAME: Tristan Brown

DATE: 22 April 2020

PHONE: (202) 761-8541

SCO-ATLANTA/ALTERNATE

COMMAND ADVOCATE FOR

COMPETITION

SIGNATURE:

NAME: Laura Eichhorn

DATE: 22 April 2020

PHONE: (404) 562-5051

Date: 2020.04.27 12:27:19 -04'00'

GIBISON.THOMAS.

M.1228940190

Digitally signed by

GIBISON.THOMAS.M.1228940190

Date: 2020.04.27 13:18:49 -04'00'

SKARBEK.JOHN.A.122895352

Digitally signed by

SKARBEK.JOHN.A.1228953527

Date: 2020.04.27 19:56:30 -04'00'

CHERRY.NORA.L

OIS.1249719800

Digitally signed by

CHERRY.NORA.LOIS.12497198

Date: 2020.04.30 23:08:14 -04'00'

S0CT9LJE

Typewritten Text

SEE APPROVAL BLOCK

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

1. CONTRACTING AGENCY:

2. DESCRIPTION OF ACTION:

mately be definitized as a FFP “C type” contract. The type of funds utilized will be Federal

3. DESCRIPTION OF SUPPLIES/SERVICES:

at New Bridge Alternate Care Facility (ACF) is providing

ACF New Jersey $3,927,544.28. This amount is based upon the Government’s

(2)

4. AUTHORITY CITED:

5. REASON FOR AUTHORITY CITED:

2(b), “use of this [unusual and compelling urgency] authority may be appropriate . . .

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

Background/Selection of Sole Source Contractor

CENAP

nineteen (19) and adequate competition was obtained in Phase I. The Government conducted its Phase I evaluation and down-selected to four (4) firms that were determined to be the most highly qualified firms. CENAP continued sole-source negotiations as part of Phase II of the design-build acquisition only with Conti Federal Services, LLC for the particular requirements of New Bridge ACF.

Conti Federal Services, LLC was determined to be the highest qualified firm for the New Bridge ACF project because of their demonstrated qualifications. Conti Federal Services, LLC demonstrated the ability by providing very relevant project experience performing similar emergency projects and medical construction on time and within budget. Conti Federal Services, LLC’s project management and onsite personnel prosecuted the work on this project without any issues or safety concerns. Conti Federal Services, LLC was chosen for the New Bridge medical center ACF project due to their abilities and close proximity to the worksite. Conti Federal Services, LLC has a regional office less than 30 minutes away from the New Bridge medical center in Paramus New Jersey which allowed for quick mobilization to the worksite and access to the local workforce for which Conti Federal Services, LLC told USACE Philadelphia they had great working relationships with the local unions. This type of performance is indicative of Conti Federal Services LLC having received a rating of substantial confidence for their past performance/experience. Because of these strengths there was a high reasonable expectation that Conti Federal Services, LLC would successfully perform this work. Further, Conti Federal Services, LLC indicated the ability to fully mobilize to site within 24 hours of award and meet the required 14 day period of performance as governed in the scope of work.

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.” On 27 March 2020, FEMA assigned the CENAP a mission assignment that included the above referenced ACF work. The nature of this work was of such an unusual and compelling urgency that work had to commence 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

NAP 20-0002

Alternatives: CENAP was ultimately be definitized as a FFP “C type” contract was approved by the Senior Contracting

8 April 2020

Impact:

two (2)

6. EFFORTS TO OBTAIN COMPETITION:

As discussed in Paragraph 5, “Alternatives,” no other alternative would have allowed

7. ACTIONS TO INCREASE COMPETITION:

eight(8) two

8. MARKET RESEARCH:

CENAP

CENAP

9. INTERESTED SOURCES:

10. OTHER FACTS:

11. TECHNICAL CERTIFICATION:

GIBISON.THOMA Digitally signed by

S.M.1228940190 GIBISON.THOMAS.M.1228940190

Date: 2020.04.22 07:40:48 -04'00'

12. REQUIREMENT CERTIFICATION:

HECKELMAN.CURTI Digitally signed by

HECKELMAN.CURTIS.A.1230155760

S.A.1230155760 Date: 2020.04.22 09:40:54 -04'00'

13. FAIR AND REASONABLE COST DETERMINATION:

a detailed cost/price analysis of the offeror’s proposal, KEATON.GREGORY.CLI Digitally signed by

KEATON.GREGORY.CLIFFORD.SR.1407

151026 Date: 2020.04.22 13:55:56 -04'00'

14. CONTRACTING OFFICER CERTIFICATION:

KEATON.GREGORY.CLI

FFORD.SR.1407151026

Digitally signed by

KEATON.GREGORY.CLIFFORD.SR.

1407151026

APPROVAL

Date: 2020.04.22 13:56:47 -04'00'

FFORD.SR.1407151026

S0CT9LJE

Typewritten Text 1 May 2020