NAP_COVID ACF Ph2 JA NAP Saint Francis SCO approved final.pdf

After-the-Fact JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: St. Francis Alternate Care Facility

AUTHORITY: 10 U.S.C. 2304 (C) (2) AMOUNT: $1,533,333.00

PREPARED BY:

CONTRACT SPECIALIST

NAME: Richard Rivera

PHONE: (215) 656-6833

DATE:25 April 2020

CONTRACTING OFFICER

NAME: Gregory Keaton

PHONE:(215) 656-3826

DATE:25 April 2020

TECHNICAL

NAME: Thomas Gibison

PHONE: (215) 656-6927

DATE:25 April 2020

REQUIREMENTS

NAME: Thomas Gibison

PHONE: (215) 656-6927

DATE: 25 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: Date: 2020.04.27 12:22:02 -04'00'

NAME: Rippert Roberts

DATE: 25 April 2020

PHONE: (347) 370-4588

PROJECT MANAGER

SIGNATURE: GIBISON.THOMAS Digitally signed by

GIBISON.THOMAS.M.1228940190

.M.1228940190 Date: 2020.04.27 20:17:28 -04'00'

NAME: Thomas Gibison

DATE: 25 April 2020

PHONE: (215) 656-6927

SIGNATURE:

NAME: John

DATE: 25 April 2020

PHONE: (215) 656-6526

DISTRICT CONTRACTING CHIEF

SIGNATURE:

NAME: Nora Cherry

DATE: 25 April 2020

PHONE: (215) 656-6770

COUNSEL TO SCO-ATLANTA SIGNATURE:

NAME: Tristan Brown

DATE: 25 April 2020

PHONE: (202) 761-8541

SCO-ATLANTA/ALTERNATE

COMMAND ADVOCATE FOR

COMPETITION

SIGNATURE:

NAME: Laura Eichhorn

DATE: 25 April 2020

PHONE: (404) 562-5051

SKARBEK.JOHN

.A.1228953527

Digitally signed by

SKARBEK.JOHN.A.12289535

Date: 2020.04.29 15:11:42 -04'00'

CHERRY.NORA.L

OIS.1249719800

Digitally signed by

CHERRY.NORA.LOIS.1249719800

Date: 2020.04.30 22:58:24 -04'00'

S0CT9LJE

Typewritten Text

SEE APPROVAL BLOCK

NAP 20-0003

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

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, Philadelphia District (CENAP), Contracting Division, Philadelphia, PA.

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 two-phase design-build construction, firm fixed price (FFP) Letter Contract to Sand Point Services, LLC, 3601 C. St.

STE 1000-20, Anchorage, AL 99503-5923, on an other than full and open competition/sole-source basis. The action was awarded as an Undefinitized Contract Action (UCA) and was ultimately be definitized as a FFP “C-type” 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 was to provide design-build construction services in accordance with the Presidential National Emergency Declaration. Work effort consisted of the design and construction at St. Francis Hospital Alternate Care Facility (ACF) in Trenton, New Jersey to retrofit spaces for non-Acute infectious COVID-19 patient care facility based on the requirements of NFPA 99 Space. This work is providing an ACF meeting basic healthcare functions with an emphasis on patient isolation, infection control, fire protection, and life safety. This Justification is for St. Francis Hospital ACF in Trenton, New Jersey. The total definitized amount is $1,533,333.00. This amount is based upon the Government’s estimate for the project and the NTE for the awarded contract. The period of performance for the design-build contract was (2) weeks in total and performance began immediately upon award of the UCA in order to meet this aggressive 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: 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: As discussed in Paragraph 8, Market Research, CENA conducted this procurement in accordance with the Two-Phase Design-Build Selection Procedures in FAR 36.3. To that end, CENAP issued a limited competition Phase I design-build request for proposals to a total of nineteen (19) firms (supported by a J&A approved by the Senior Procurement Executive, Control No. CENAN 20-003, 26 March 2020), 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 Sand Point Services, LLC for the particular requirements of St.

Francis ACF.

Sand Point Services, LLC was determined to be the highest qualified firm for the St. Francis ACF project because of their demonstrated qualifications. Sand Point Services, LLC demonstrated the ability by providing very relevant project experience performing similar emergency projects and medical construction on time and within budget. Sand Point Services, LLC’s project management and onsite personnel prosecuted the work on this project without any issues or safety concerns. Sand Point Services, LLC was chosen for the Saint Francis ACF project due to abilities and close proximity to the worksite. Sand Point Services, LLC has a regional office less than 25 minutes away from the Saint Francis Medical center in Trenton, New Jersey which allowed for quick mobilization to the worksite and access to the local workforce.

Under Q1 the contractor listed twenty-three current Hospital, ACF, or similar facilities that Sand Point Services, LLC is working on or has worked on in the past five to ten years. All were representative of projects of similar scope and complexity that are likely to be awarded to them.

Q2- Engineering Design Technologies, Inc. (EDT), designer of record for Sand Point Services, LLC, has worked with USACE for more than 20 years and has delivered more than $2 Billion in Design-Build projects as the prime contractor. Sand Point Services, LLC Quality’s unique in-house design and construction capabilities should allow them to fast-track both the proposal submission and execution of Design-Build projects. Engineering Design Technologies, Inc.

(EDT) shall serve as the Designer of Record. EDT, as a fully integrated Design-Build (D-B) firm with more than 20 years of successful experience on similar US Army Corps of Engineers (USACE) contracts, has served as both the Designer of Record and as the Prime construction contractor. This type of performance is indicative of Sand Point 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 Sand Point Services, LLC would successfully perform this work. Further, Sand Point 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 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: CENAP examined several alternatives for fulfilling these requirements, but no other alternative would have allowed for performance to begin immediately. The only viable alternative was to select a single firm from the group of firms that were down-selected after Phase I of this two-phase design-build acquisition with whom the Government negotiated, in conjunction with utilizing a UCA or letter contract to allow the contractor to begin performance immediately and definitize the contract at a later date. A Determination and Findings to award an UCA that was ultimately definitized as a FFP “C-type” contract was approved by the Senior Contracting Official on 13 April 2020.

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 two (2) weeks, would have resulted in delays in design and construction of medical infrastructure required to adequately respond to the COVID-19 outbreak and would have had severe adverse impacts on the safety and the public health of the United States. This J&A enabled CENAP to expedite award for urgently 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, on 27 March 2020, Control No. CENAP 20-003, 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: CENA is mindful of the requirement in FAR 6.302-2 to request offers from as many potential sources as is practicable under the circumstances, and therefore did perform a limited competition for Phase I of the design-build procurement. Understanding the latitudes afforded under FAR 6.302-2, CENA did not want to completely divest itself of a competitive environment and issued a limited competition Phase I design-build request for proposal to eight (8) firms. The Government conducted its Phase I evaluation and down-selected to the most highly qualified firms, and only then undertook sole-source negotiations as part of Phase II with Sand Point Services, LLC. It was not practicable to request an offer from more than one source under Phase II of a design-build procurement, because without issuing a UCA letter contract on a sole-source basis, CENAP would have been unable to undertake construction immediately and would not be able to meet the delivery schedule of two (2) weeks.

MARKET RESEARCH: Based upon the Presidential National Emergency Declaration, CENA determined the most expeditious tool available to fulfill this urgent and compelling COVID-19 requirement. Immediately, a review of existing contract vehicles was conducted.

CENA identified firms from prior experience which were known to have capacity to complete the ACF Mission. CENAP also utilized other sources of market research, including qualifications submitted to USACE by firms 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 CENAP was able to limit the number of sources from which it solicited a Phase II proposal to one.

OTHER FACTS: N/A

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: Thomas Gibison Title: Program Manager Signature:

GIBISON.THOMAS.

M.1228940190

Digitally signed by

GIBISON.THOMAS.M.1228940190

Date: 2020.04.27 20:19:26 -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: Curtis Heckelman HECKELMAN.CURTI Digitally signed by

HECKELMAN.CURTIS.A.1230155760

Title: Deputy for Program Signature: S.A.1230155760 Date: 2020.04.28 20:31:06 -04'00'

Management (date in electronic signature)

13. FAIR AND REASONABLE COST DETERMINATION:

"I hereby determine that the anticipated cost or price to the Government for this contract action was be fair and reasonable."

This was determined by conducting a detailed cost/price analysis of the offeror’s 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: Gregory Keaton 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: Gregory Keaton Title: Contracting Officer Signature:

(date in electronic signature)

KEATON.GREGORY.CLI

FFORD.SR.1407151026

Digitally signed by

KEATON.GREGORY.CLIFFORD.SR.

1407151026 Date: 2020.04.28 21:18:24 -04'00'

KEATON.GREGORY.CLI

FFORD.SR.1407151026

Digitally signed by

KEATON.GREGORY.CLIFFORD.SR.1407151

Date: 2020.04.28 21:19:18 -04'00'

APPROVAL

Based on the foregoing justification, I hereby approve after-the-fact this contract to provide design-build construction services in support of the Alternate Care Facilities effort for in New Jersey 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 was otherwise authorized for acquisition.

Name: Ms. Laura Eichorn Title: Senior Contracting Official

Signature:

Atlanta (date in electronic signature)

S0CT9LJE

Typewritten Text 1 May 2020