W81K0220F0250 FAR 16.5 Exception to Fair Opportunity - COVID-19 Urgency_Redacted.pdf

Control Number: 21-RHCO-P-121

For Official Use Only (See FAR 2.101 and 3.104 4)

(March 2020)

Justification Review Document

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

Under Multiple Award Indefinite Delivery Contracts For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Urgent Need COVID-19

Program/Equipment: 58 FTEs of Various Position – Multiple Specialties Services at Tripler Army Medical Center, Warrior Ohana Medical Home, Desmond Doss Health Clinic and Fort Shafter, Hawaii to support COVID-19 readiness.

Authority: 10 U.S.C. 2304c(b)(1) as implemented by FAR Part 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Amount:

Prepared by:

Typed Name: DSN:

Title: Date:

E-mail:

Contracting Officer:

Typed Name: DSN:

Date Reviewed: ____E-Mail:

Technical Representative:

Typed Name: DSN:

Title: Date Reviewed:

Requirements Representative:

Typed Name: DSN:

Title: Date Reviewed:

(See FAR 2.101 and 3.104-4)

(March 2020)

Control Number: 21-RHCO-P-121

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT) – Urgent Need

COVID-19

1. Contracting Activity: U.S. Army Medical Command, Regional Health Contracting Office – Pacific, 146 Clark Road, Building 339, Fort Shafter, HI 96858

2. Description of Action: This approval is for a new contract that will provide Tripler Army Medical Center, Warrior Ohana Medical Home, Desmond Doss Health Clinic and Fort Shafter with 58 FTEs of Various Positions – Multiple Specialties for COVID-19 surge and readiness. The Government intends to issue a sole source Task Order against the Medical Q-coded Services (MQS) contract on a firm-fixed price basis.

Fiscal Year 2020 Defense Healthcare Program (DHP) funds earmarked as COVID-19 will be used.

3. Description of Supplies/Services: This requirement will provide Tripler Army Medical Center, Warrior Ohana Medical Home, Desmond Doss Health Clinic and Fort Shafter with 58 FTEs of various positions in multiple specialties to help support the surge and readiness of the COVID-19 pandemic on Oahu, Hawaii. Positions include:

9 – Certified Medical Assistant (CMA), 2 – Medical Laboratory Technician, 16 – Registered Nurse (RN), 15 – Registered Nurse - Intensive Care, 10 – Registered Nurse

- Medical / Surgical, 1 – Registered Nurse - Community Health, 1 – Nurse Practitioner and 4 – Licensed Practical / Vocational Nurse (LPN).

Period of Performance: 18 September 2020 to 17 September 2021 Total Value:

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemented by FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

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.

Tripler Army Medical Center, Desmond Doss Health Clinic, Warrior Ohana Medical Home, and Fort Shafter have a public responsibility to comply with the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC)

(See FAR 2.101 and 3.104-4)

(March 2020) training programs, technical guidance, studies, protocols, and preparedness and response plans.

The proposed requirement of 58 FTEs in various position with multiple specialties fits into all four prongs by providing Certified Medical Assistants (CMAs), Medical Laboratory Technician, Registered Nurses (RNs), Registered Nurses - Intensive Care, Registered Nurses - Medical / Surgical, Registered Nurse - Community Health, Nurse Practitioner and Licensed Practical / Vocational Nurses (LPNs) for the surge in COVID-19 on Oahu. This requirement will enable health facilities on Oahu to be prepared and ready, be able to detect, prevent and treat, reduce and suppress transmission, and to find new ways to prevent infection, save lives, and minimize impact.

On January 31, 2020, the United States Department of Health and Human Services Secretary Alex M. Azar II 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.

An additional guidance utilized as the basis for this request is DASA(P) Policy Alert # 20-49: Coronavirus Disease 2019 (COVID-19) Emergency Acquisition Flexibilities.

As of 4 September 2020, the State of Hawaii Department of Health, Disease Outbreak Control Division, COVID-19, stated that there are 9,473 cases of COVID-19 identified in Hawaii. Of those cases, 6% have required hospitalization and 8,773 (93%) were residents. Given the increasing prevalence of COVID-19 in Hawaii, Tripler Army Medical Center, Desmond Doss Health Clinic, Warrior Ohana Medical Home, and Fort Shafter must ensure they are prepared with adequate medical support staff to provide assistance, as needed to reduce the growing number of cases. CentralCare, Inc. is a Women-Owned Small Disadvantaged Business (WOSDB) firm whose core competency is providing highly qualified, fully credentialed, health care providers to the Federal Government. They are currently successfully performing on multiple MQS Task Orders.

Market research was minimal due to the urgent nature of this emergency procurement and the lack of requirements package and historical data for this requirement. These services must be delivered on 15 September 2020 or the organization will not have

(See FAR 2.101 and 3.104-4)

(March 2020) adequate staff to support its patient care mission due to the rising of COVID-19 cases.

Without this contract, patient safety, patient satisfaction, staff morale, and access to care would be negatively affected.

9. Other Facts:

a. Procurement history. None.

b. Other facts. None.

(See FAR 2.101 and 3.104-4)

(March 2020)

10. 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.

Signature: ___Date: __________

Typed Name: Title:

11. 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.

Signature: _ ____Date: __________

Typed Name: Title:

(See FAR 2.101 and 3.104-4)

(March 2020)

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Price analysis techniques to include comparison to market research findings and the independent Government estimate will be utilized to determine the price to be fair and reasonable. Certified cost or pricing data is not required per FAR 15.403-1(b)(3).

Signature: Date: ________________________

Typed Name: Title:

13. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: Date: ________________________

Typed Name: Title:

(See FAR 2.101 and 3.104-4)

(March 2020)

Control Number: 21-RHCO-P-121

Approval

Based on the foregoing justification, I hereby approve the procurement of 58 FTEs of Various Position – Multiple Specialties Services at Tripler Army Medical Center

, Hawaii to support COVID-19 readiness for on an other than full and open competition basis pursuant to the authority of 10 United States Code 2304 (b)(1) as implemented in Federal Acquisition Regulation 16.505(b)(2) and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ______ Date: _______________

Typed Name:

Title: