Polk JA 2020_63_Redacted.pdf

Control No.: MICC 2020-63 Contractor: BRE NOLA Property LLC

Program: Food Catering

Version – March 2020 FOR OFFICIAL USE ONLY

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

Program/Equipment: Food Catering for US Navy Expeditionary Medical Soldiers

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

Amount:

Prepared by:

Certified Federal Contract Manager Date: 16 April 2020

Contracting Officer:

Contracting Officer Date: 16 April 2020

Technical:

Logistics Specialist Date: 16 April 2020

Requirements:

Logistics Specialist Date: 16 April 2020

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

Program Manager:

Date: See Digital Signature

Small Business Specialist, Small Business Program:

Date: See Digital Signature

Program: Food Catering

Version – March 2020 FOR OFFICIAL USE ONLY

MICC Legal Counsel:

_ Date: See Digital Signature

Director, MICC-Fort Polk:

___ __________________ Date: See Digital Signature

Assistant Director, Small Business Program:

___ Date: See Digital Signature

Program: Food Catering

Version – March 2020 FOR OFFICIAL USE ONLY

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

URGENCY FOR COVID-19

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC)-Fort Polk, 6661 Warrior Trail, Fort Polk, LA 71459-5000

2. Description of Action: U.S. Navy Expeditionary Medical Facility requests a firm-fixed-priced contract for food catering with contractor BRE NOLA Property LLC. The hotel Hampton Inn & Suites New Orleans Convention Center is one of the properties that is owned and managed by the contractor and will be providing the food catering service for this requirement. 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). This requirement will use U.S. Navy OMA funding.

3. Description of Supplies/Services: This requirement is for providing food catered meals for 124 Sailors and Soldiers in the amount of

Period of Performance: 1 April 2020 to 30 June 2020 Total Value:

4. Authority Cited: Special Emergency Procurement Authority, 41 U.S.C. 1903;

Simplified Procedures for Certain Commercial Items as implemented by FAR Subpart 13.5.

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.

a. U.S. Navy Expeditionary Medical Facility have 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 guidance to implement plans to ensure compliance with directed force health protection measures throughout the area of operations in order to prevent an 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, US Navy Expeditionary Medical Facility has an urgent need for catered meals from the hotel providing the lodging stay for the 124 military medical personnel on ground. The catered meals from the Hampton Inn & Suites New Orleans Convention Center hotel are required in order to protect the medical personnel from the spread of COVID-19 by using only one source from where food is prepared and distributed. This is required to safely feed and maintain the health of the military medical workers on site the area of operation for the COVID-19 pandemic.

b. Every day that passes, confirmed COVID-19 cases spike and the death toll increases. It is imperative that these daily catered meals are obtained as quickly as possible to protect public health. 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.

c. The Hampton Inn & Suites New Orleans Convention Center provides a location that is housing the State of Louisiana’s Incident Command Center for the Morial Convention Center Medical Monitoring Station where patients suffering from COVID-19 are brought to for quarantine and treatment. This hotel’s location is the closest place that was operational and its proximity to the mission site eliminates the need for food transportation and centralizes all activity related to COVID-19 treatment in a central area.

6. Efforts to Obtain Competition: The proposed contract action is made under the conditions described in 6.302-2(or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203; IAW 5.202a(2).

7. Actions to Increase Competition: 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. Due to this requirement being an unusual and compelling urgency the normal time constraints are unsupportable.

8. Market Research: Market research was conducted from 29 March 2020 through 1 April 2020 by the requiring activity and contracting team: , U.S. Navy and , U.S. Army. Market research was minimal due to the urgent nature of this emergency procurement and the lack of historical data for this requirement. The food catering by the hotel was determined best suitable to meet the U.S. Navy’s requirement to safely feed their medical personnel from one dependable source, limiting unnecessary COVID-19 exposure to a minimum. The hotel kitchen catered 3 meals a day.

a. 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.”

b. 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. 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 closest 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.

c. For response to COVID-19 crisis in the State of Louisiana’s hot spot (New Orleans) food catering is required in support of the U.S. Navy Expeditionary Medical Facility mission to provide treatment to the infected populace of the city. After detecting the infected patients, the medical soldiers will quarantine to prevent the spread of any further infection. Further surveillance under quarantine status is intended to reduce and suppress the spread of COVID-19 and give the patient remedy.

d. On January 31, 2020, the United States Department of Health and Human Services Secretary declared a public health emergency (PHE) for the United States to aid the nation’s health care community in responding to COVID-19. On 13 March 2020, the President of the United States of America declared COVID-19 an emergency IAW 42 U.S.C. 5122 (the Robert T. Stafford Disaster Relief and Emergency Assistance Act) which allows for Special Emergency Procurement Authority IAW 41 U.S.C.1903. On 18 March 2020, the President invoked his authority IAW the Defense Production Act. The Act allows the President, where necessary to promote the national defense, may require acceptance and performance of contracts orders by any person he finds to be capable of performing them.

9. Interested Sources: As shown in the market research, interest is limited as many offerors 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. One vendor within the area was able to provide the required services in the amount necessary that could fulfill the requirement.

10. Other Facts: The Hampton Inn & Suites New Orleans Convention Center provides a location that is on-site of the New Orleans Convention Center in the area where patients suffering from COVID-19 are brought to for quarantine and treatment. This hotel’s location keeps all activity relating to COVID-19 treatment in a central area making it a controlled environment that is easier to manage for all involved in this crisis.

Program: Food Catering

Version – March 2020 FOR OFFICIAL USE ONLY

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.

_____ Date: See Digital Signature

USN EMF Logistics

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.

_ Date: See Digital Signature

USN EMF Logistics

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

The negotiated meal rates for Hampton & Suites New Orleans Louisiana are per day, per service member for 3 meals. The government per diem during this time period for New Orleans is per day. The contracting officer shall not require pricing data to support any action when a commercial item is being acquired and is not required per FAR 15.403-1(b)(3).

__ ___________________ Date: See Digital Signature

Contracting Officer

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

__ _________________ Date: See Digital Signature

Contracting Officer

Program: Food Catering

Version – March 2020 FOR OFFICIAL USE ONLY

Approval

Based on the foregoing justification, I hereby approve the procurement of catered meals for 124 service members on sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1903 Special Emergency Procurement as implemented by FAR Subpart 13.5. The estimated value is thousand for a 3 month period of performance consisting of a base month and 2 option months, from approximately April 2020 through approximately June 2020. The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Alternate to the Command Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX