REDACTED JEFO FOR POSTING.pdf

Control No: 21-065 Contractor: KBR

Service: LOGCAP V Logistics Support and O&M Services Est Dollar Value:

Department of the Army Justification for Exception to Fair Opportunity

Under Multiple Award Indefinite Delivery Contracts Urgent Need COVID-19

1. Contracting Activity: U.S. Army Contracting Command – Rock Island (ACC-RI), Rock Island Arsenal, Rock Island, IL 61299-8000.

2. Description of Action: Program Manager LOGCAP is requesting a contract modification to extend the period of performance (PoP) of the cost-plus-fixed-fee task order for LOGCAP support to the Moderna and AstraZeneca Phase 3 clinical trials of a Coronavirus Disease 2019 (COVID-19) vaccine as part of the CAG in support of HHS.

ACC-RI awarded Task Order W52P1J-20-F-0485 on 10 July 2020, to Kellogg, Brown, and Root Services, Inc. (KBR) via Undefinitized Contract Action (UCA) 20-65 against LOGCAP V Indefinite-Delivery/Indefinite-Quantity (IDIQ) Multiple Award Task Order Contract W52P1J-19-D-0044 to support the Moderna vaccine trials. This was accomplished through a sole source action in accordance with (IAW) Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(A) and supported by Justification for Exception to Fair Opportunity (JEFO) 20-090.

Thereafter, ACC-RI awarded modifications to Task Order W52P1J-20-F-0485 to support the AstraZeneca, Novavax, and Sanofi Pasteur vaccine clinical trials, and issued three modifications to increase the ceiling on the AstraZeneca effort. Each modification was supported by a JEFO.

The PoP for the initial contract awarded to Moderna for Phase 3 support was

. The PoP for the initial modification awarded to AstraZeneca for Phase 3 support was . This requisite action will be an extension of the current task order for continued support to both pharmaceutical clinical trial studies. Neither Novavax nor Sanofi Pasteur require further LOGCAP sustainment support. The proposed modification will add a base PoP and incorporate options as specified in section 3 of this document, for a total potential PoP of

ACC-RI projects award of the modification on 18 June 2021. Funding is provided from HHS to the Department of Defense (DoD) /Joint Program Executive Office for Chemical, Biological, Radiological and Nuclear Defense (JPEO-CBRND) Medical under the authority of 42 U.S.C. 247d-6b and 42 U.S.C. 247d-7e. DoD/JPEO-CBRND Medical has established a Research Development Test and Evaluation carrier reimbursable account and provided funding via a Direct Charge Agreement to Headquarters, Army

Service: LOGCAP V Logistics Support and O&M Services Est Dollar Value:

Sustainment Command (ASC) IAW the Economy Act. Both 10 U.S.C. 2371b and 10 U.S.C. 2373 are cited in the Fiscal Service Form 7600B as the Program Authority of the Servicing Agent (Seller). Per the CAG, the funding provided from HHS is a

The requirements were referenced in the Memorandum of Understanding between DoD, Funding Memo Request from Biomedical Advanced Research and Development Authority (BARDA) to DoD JPEO, and approved via email on 01 July 2020.

The Principal Assistant Responsible for Contracting approved the LOGCAP V Acquisition Plan IAW Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B) on 18 December 2017. The LOGCAP V Acquisition Plan approved the use of Multiple Award IDIQs with regionally aligned ‘Setting the Theater’ Task Orders to satisfy the guaranteed minimum. Initial service performance task orders would be awarded to the regionally aligned contractor. As new requirements arise within a theater they will be competed, unless JEFO approval is obtained. IAW the LOGCAP V Acquisition Plan, requirements approved under a JEFO are sourced to the regionally aligned contractor. KBR is the regionally aligned contractor for U.S. Northern Command

(NORTHCOM).

3. Description of Services: The CAG aims to deliver doses of a safe, effective vaccine for COVID-19 and emerging variants as part of a broader strategy to accelerate the development, manufacturing, and distribution of COVID-19 vaccines, therapeutics, and diagnostics (collectively known as countermeasures).

The CAG is a public–private partnership, initiated by the Federal Government of the U.S. It is an interagency program made up of components of HHS, including the Centers for Disease Control and Prevention, the Food and Drug Administration, the National Institutes of Health (NIH), and the BARDA; the DoD; private firms; and other federal agencies, including the Department of Agriculture, the Department of Energy, and the Department of Veterans Affairs. The CAG will coordinate existing HHS-wide efforts, including the NIH’s Accelerating COVID-19 Therapeutic Interventions and Vaccines partnership, NIH’s Rapid Acceleration of Diagnostics initiative, and work by BARDA. To accelerate development while maintaining standards for safety and efficacy, the CAG has been selecting the most promising countermeasure candidates and providing coordinated Government support.

The U.S. Government’s ongoing fight against COVID-19 requires contracted logistics support. ASC is postured to support DoD and other Federal Agencies by providing contracted logistics support services such as quarantine, isolation, and alternate care facilities and supporting functions through the use of LOGCAP. LOGCAP provides contracted capabilities to plan for and, when directed, rapidly provide the sustainment

Service: LOGCAP V Logistics Support and O&M Services Est Dollar Value:

capabilities necessary to set theaters and enable Army and Joint, Interagency, Intergovernmental, and Multinational operations. This includes Defense Support to Civil Authorities. The U.S. Army has requested LOGCAP capabilities to support infrastructure requirements for the Moderna and AstraZeneca Phase 3 clinical trial as part of the rapid development and testing of promising vaccines against COVID-19 and emerging variants. On 10 July 2020, ACC-RI issued KBR a Notice to Proceed (NTP) for Moderna support, with an NTP for AstraZeneca support following on 07 August 2020.

The LOGCAP supported clinical trial site (CTS) requirements are transitioning to the sustainment phase of the operation, which is expected to last through the end of the phase 3 clinical trials, These options are required should HHS extend the trials from to fulfill the medical research requirements for vaccine approvals. The COVID-19 Phase 3 clinical trials are extremely fluid and greatly influenced by HHS study coordinators’ increasing knowledge of the disease, as well as their continuing analysis of COVID-19 variants and how they respond to the various vaccines developed in coordination with the CAG. To that end, the clinical trials are further influenced by ongoing HHS assessments of vaccine efficacy, patient recruitment, enrollment, and retention. The study coordinators in turn work closely with the ASC LOGCAP Program Management Office and HHS to communicate ongoing site validity and needs for trial studies. As of 10 February 2021, this requirement includes

During the extension, the performance contractor will be required to support clinic operations by coordinating Procuring Contracting Officer (PCO) directed site changes including, but not limited to: transition from temporary power generation to fixed prime power; execute scheduled and unscheduled maintenance; utility management; execute seasonal weather related response, repair or maintenance; process warranty claims for equipment and structures; maintain property accountability; execute invoicing; maintain periodic and scheduled inspections; initiate permitting renewal and other regulatory, code and legally required actions to maintain uninterrupted site operations.

During the extension, LOGCAP will execute demobilization and property disposition instructions provided by the HHS/CAG office. KBR will receive and comply with disposition instructions originating from HHS and issued through the PCO for equipment; structures, contractor acquired property, leased equipment and structures, and other items belonging to HHS; divest assets; transfer assets; relocate assets; and execute restoration of site to pre-occupation IAW specifications.

Service: LOGCAP V Logistics Support and O&M Services Est Dollar Value:

The LOGCAP V contract vehicle, which utilized full and open competition, resulted in the award of four multiple-award IDIQ contracts on 12 April 2019. KBR received the NORTHCOM Task Order for Setting the Theater activities, which includes crisis action planning and emerging requirements. KBR was the only contractor to receive a LOGCAP V Task Order in the NORTHCOM region. As already stated herein, the LOGCAP V Acquisition Plan states that all requirements approved under a JEFO are to be sourced to the regionally aligned contractor and incorporated without further competition.

In December of 2019 an outbreak of COVID-19 was reported in Wuhan City, Hubei Province, China. On 31 January 2020, the U.S. Department of HHS Secretary Alex M.

Azar II declared a public health emergency for the U.S. to aid the nation’s health care community in responding to COVID-19. The President of the U.S. 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.

Service: LOGCAP V Logistics Support and O&M Services Est Dollar Value:

6. Market Research: ACC-RI performed market research in July 2020, by contacting knowledgeable individuals within Government regarding market capabilities to meet requirements.

7. Actions to Increase Competition: ACC-RI competitively awarded LOGCAP V on 12 April 2019. ACC-RI will conduct Task Order competitions for new, emerging requirements under LOGCAP V using fair opportunity procedures when conditions permit. At this time the U.S. Government believes the requirement for LOGCAP support for

8. Other Facts:

Contract: W52P1J-19-D-0044: Task Order W52P1J-20-F-0485, P00011 AstraZeneca Ceiling Increase Contractor: KBR Award Date: 22 APR 2021 Competitive Status: Sole Source, JEFO 21-037 Authority: FAR 16.505(b)(2)(i)(A)

Contract: W52P1J-19-D-0044; Task Order W52P1J-20-F-0485, P00005 AstraZeneca Ceiling Increase Contractor: KBR Award Date: 20 December 2020 Competitive Status: Sole Source, JEFO 21-026 Authority: FAR 16.505(b)(2)(i)(A)

Contract: W52P1J-19-D-0044; Task Order W52P1J-20-F-0485, UCA Letter, Sanofi Pasteur

Award Date: 23 November 2020

Service: LOGCAP V Logistics Support and O&M Services Est Dollar Value:

Competitive Status: Sole Source, JEFO 21-004 Authority: FAR 16.505(b)(2)(i)(A)

Contract: W52P1J-19-D-0044; Task Order W52P1J-20-F-0485, P00004 AstraZeneca Ceiling Increase Contractor: KBR Award Date: 13 November 2020 Competitive Status: Sole Source, JEFO 21-107 Authority: FAR 16.505(b)(2)(i)(A)

Contract: W52P1J-19-D-0044; Task Order W52P1J-20-F-0485, P00003, Novavax Contractor: KBR Award Date: 16 October 2020 Competitive Status: Sole Source, JEFO 21-004 Authority: FAR 16.505(b)(2)(i)(A)

Contract: W52P1J-19-D-0044; Task Order W52P1J-20-F-0485, P00001, AstraZeneca Contractor: KBR Award Date: 07 August 2020 Competitive Status: Sole Source, JEFO 20-100 Authority: FAR 16.505(b)(2)(i)(A)

Contract: W52P1J-19-D-0044; Task Order W52P1J-20-F-0485, Moderna Contractor: KBR Award Date: July 10, 2020 Competitive Status: Sole Source, JEFO 20-090 Authority: FAR 16.505(b)(2)(i)(A)

Contract: W52P1J-19-D-0044; Task Order W52P1J-19-F-0395 Contractor: KBR Award Date: April 19, 2019 Competitive Status: Competitive