McCoy JA 2020_55_Redacted.pdf

Control No: MICC 2020-04 Contractor: Salt Lake City Marriott University Park

Program/Equipment: COVID-19 Support MOB Lodging

Version – March 2020 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Task Force (TF) 76, 76th Operational Response Command has been issued a WARNO for activation to stand up a COVID-19 Command and Control site in Salt Lake City, UT. This mobilization requires lodging for each soldier; located as closely as possible to the TF 76 Headquarters and training locations.

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

Amount:

Prepared by: Mathew Pickering COM:

Logistics Management Specialist/FPM Date: 19 MAR 2020

Contracting Officer: Melanie Kiel DSN:

Contracting Officer Date: 19 MAR 2020

Technical: Mathew Pickering COM:

Logistics Management Specialist/FPM Date: 21 MAR 2020

Requirements: COL Dale Draeger COM:

G4 ADCOS Date: 21 MAR 2020

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

Program Manager:

COL Dale D. Draeger COM:

__ _____________________ Date: See Digital Signature

Date: 2020.04.30 15:58:02 -06'00'

Control No: MICC 2020-55

Program/Equipment: COVID-19 Support MOB Lodging

Version – March 2020 FOR OFFICIAL USE ONLY

Small Business Specialist, Small Business Program:

Raja J. Seshadri DSN:

____________________________________ Date: See Digital Signature

Legal Counsel:

Lance Hughey DSN:

_ __________________ Date: See Digital Signature

Director, MICC-Fort McCoy:

Tony R. Steinhoff DSN:

__________________ Date: See Digital Signature

Assistant Director, Small Business Program:

Curtis J. Scott DSN:

_ ___________________ Date: See Digital Signature

MICC Office of Counsel:

Michelle A. Dexter DSN:

_ ____________________ Date: See Digital Signature

Date: 2020.05.06 08:00:52 -04'00'

Date: 2020.05.04 13:37:27 -05'00'

Date: 2020.05.06 09:06:58 -05'00'

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Date: 2020.05.06 13:33:19 -04'00'

Program/Equipment: COVID-19 Support MOB Lodging

Version – March 2020 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC) Fort McCoy, 1108 South R Street, Ft. McCoy, WI 54656.

2. Description of Action: TF 76 requests a firm-fixed price lodging contract with Salt Lake City Marriott University Park. The Government projects award for March 2020 and fiscal year 2020, reimbursable Federal Emergency Management Agency (FEMA) funds will be used. 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).

3. Description of Supplies/Services: Individual occupancy hotel lodging, in accordance with Social Distancing policy; within walking distance to Headquarters TF 76 work location in order to reduce risk to mission and risk to force. 135 single occupancy rooms for 120 nights with the option to reduce or increase number of rooms and/or nights of occupancy, without penalty, as mission dictates.

Period of Performance: 26 March 2020 to 24 July 2020 Total Value:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C.

1903 Special Emergency Procurement 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. TF 76 has 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 (DoD) and Army North (ARNORTH) 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. DoD 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, TF 76 has an urgent need for lodging support. This lodging is required in order to protect the public from the spread of (and isolation of people infected with) COVID-19. This requirement is a force multiplier to the warfighter; ensures compliance with DoD Social distancing policy which complies with CDC Social Distancing Guidance; in an effort to maintain a healthy, ready force. This lodging will aid TF 76 in its support mission to detect, prevent, and treat COVID-19. The proximity of these locations allows Soldiers

Control No: MICC 2020-55

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C.

1903 Special Emergency Procurement as implemented by FAR Subpart 13.5.

Program/Equipment: COVID-19 Support MOB Lodging

Version – March 2020 FOR OFFICIAL USE ONLY the ability to rapidly respond to requests for surveillance - to find, isolate, test and treat confirmed cases; in order to break the chain of transmission; as well as reduce and suppress the virus. Reduction in transmission is a protective measure for medical and health facilities, Senior Citizen facilities, and other vulnerable populations.

b. Every day that passes, confirmed COVID-19 cases spike and the death toll increases. It is imperative that lodging is obtained as quickly as possible to support the mission of TF 76. This contractor is the only one that can offer the required lodging because of the close proximity to the University, duty site, for COVID-19 testing.

Keeping the lodging close to the duty site will reduce risks of spreading the virus and minimize Soldier potential contact outside of the testing area; keep Soldiers close for rotation/shift changes/immediate recall; and minimize costs for transportation. 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. Due to the social distancing and personnel restraints that have been imposed from the spread of COVID-19, separate rooms are required. Because of Fort Douglas’s close proximity to the University Of Utah, they are best structured to support the requirements; and provide the flexibility needed with the ever-changing battlefield and mission requirements of the COVID-19 Command and Control site. Due to the time-sensitive nature of this requirement with the exposure and death rate increasing and unpredictable; and the various precautions being implemented by government and other agencies in response to the changing threat, to include financial impacts to local business, as they are closing due to lack of demand; this requirement is urgent.

1) The requirement is imperative to secure lodging in a timely manner in order to meet the needs of incoming Warfighter personnel anticipated within the next 96 hours.

2) This vendor is able to meet planning needs in a timely manner in accordance with the 76th’s requirements to be flexible to changing number of personnel, rooms and dates required.

d. Additional information supporting urgency of need:

1) Utah State Governor declared a State of Emergency on Friday, 13MAR20.

As a result, TF-76 Commander postured for local support; and ultimately, TF-76 issued a WARNO for activation on 18MAR20 for its TF Headquarters of a Battle Roster of 150 pax.

2) 135 Rooms required for immediate occupancy but NLT Tuesday, 24MAR20 for approximately 120 days ISO COVID-19 response.

3) This requirement is necessary to meet the mission and will result in mission failure with the inability to provide basic health and safety life support for our TF

Control No: MICC 2020-55

1) Utah State Governor declared a State of Emergency on Friday, 13 March 2020. As a result, TF-76 Commander postured for local support; and ultimately, TF-76 issued a WARNO for activation on 18 March 2020 for its TF Headquarters of a Battle Roster of 150 pax.

2) 135 Rooms required for immediate occupancy but NLT Tuesday, 24 March 2020 for approximately 120 days ISO COVID-19 response.

Program/Equipment: COVID-19 Support MOB Lodging

Version – March 2020 FOR OFFICIAL USE ONLY

Warfighter personnel upon arrival.

4) Due to the increasingly unknown requirements surrounding this outbreak, local facilities and services may be discontinued or shut down as a result of scavenging, pilferage of supplies and lack of demand for services.

5) One other vendor that is close to the duty location has also been contacted, University Guest House; however, due to their inability to support the full requirement, this hotel was also contacted to fulfill the remaining needs.

6) Due to the short time frame, less than 7 days, to react to the pandemic and urgent response, TF 76 is unable to provide the required lead time to allow the contracting agency to use competitive methods for this requirement; which would normally take no less than 30 days. The TF 76 was first notified on 17 March of the requirement to mobilize their personnel in support of COVID-19; and that mobilization efforts were to be implemented as close as possible to 21-23 March 2020 for up to 120 days.

e. Alternatives: The unit currently does not have tents, as they are a TDA unit. The idea was brought up to draw from ECS, but there is no area large enough to set up tents; and it is not allowed as Fort Douglas is a historical area. Camp Williams barracks was an option that was discussed, but they stated they do not have any currently available as they have their own requirements to support due to COVID-19. There are no other options to consider except to use the commercial market for lodging.

f. Other Considerations:

1) This request is for the original 120 day mobilization order to get the TF stood up and operations flowing. Once the TF is functioning and the COVID-19 pandemic is further analyzed, and the future needs are known, a more competitive contracting method could be considered. If the mission appears to need to run longer than the original 120 day order, the government will attempt to compete; provided the COVID-19 pandemic restrictions are not still an impact in restricting the vicinity of service.

2) On 17 March 2020 U.S. North Command (USARNORTH) issued FRAGORD 15 to USARNORTH OPORD 20-0005 (FOR DOD SUPPORT TO DHHS COVID-19 RESPONSE). Directing DOD national level activation in support of National Response Coordination Center (NRCC), Regional Response Coordination Centers (RRCC), and Joint Field Office (JFO).

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

7. Actions to Increase Competition: Very little competition is being conducted for this requirement due to the time constraints discussed above, and the need for lodging as

Control No: MICC 2020-55

2) On 17 March 2020 U.S. Army North Command (USARNORTH) issued FRAGORD 15 to USARNORTH OPORD 20-0005 (FOR DOD SUPPORT TO DHHS COVID-19 RESPONSE). Directing DOD national level activation in support of National Response Coordination Center (NRCC), Regional Response Coordination Centers (RRCC), and Joint Field Office (JFO).

Program/Equipment: COVID-19 Support MOB Lodging

Version – March 2020 FOR OFFICIAL USE ONLY close as possible to the site of duty. One other vendor in the vicinity was contacted and they are able to fill the additional needed rooms (under a separate J&A). If future needs are determined beyond the 120 day period, the government will make every effort to compete to the fullest extent possible.

8. Market Research:

a. Market research was conducted from 17 March 2020 through 19 March 2020 by the requiring activity and contracting team: Mathew Pickering, MSG Michelle Hill, and William Yazzie. Market research was minimal due to the urgent nature of the procurement and the lack of requirements package and historical data for this requirement. On 17 March, once they had received the WARNO of the pending mobilization, proximity, capability, and availability were the deciding criteria for selecting the vendor. With the requirement to minimize personnel contact with others, only the vendors nearest the University and Fort Douglas were contacted to determine their ability to support the mission needs. The timeframe for the research was greatly shortened due to the sudden urgency of the COVID-19 pandemic and the urgent need to get resources in place to support the TF 76 personnel.

b. 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 that 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.”

c. 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. As of 13 March 2020, there are almost 125,000 cases reported to the WHO, from 118 countries and territories. As of 12 March 2020, 4,291 people have lost their lives from the COVID-19. In the first two weeks of March, the number of cases outside China increased 13-fold and the number of affected countries tripled. 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.

Program/Equipment: COVID-19 Support MOB Lodging

Version – March 2020 FOR OFFICIAL USE ONLY

Utilize the WHO training programs, technical guidance, studies, protocols, and preparedness and response plans.

d. The TF 76 has been mobilized to assist in logistical support of supplies to aid in testing and containment of the COVID-19 pandemic. In order to conduct the duties assigned, the soldiers require lodging. To maintain personal protective measures in social distancing, individual rooms are required to minimize person to person contact.

The lodging must be as close as possible to the site of duty to limit the travel distance and risks involved with transmission of the virus, to aid in minimizing the impacts and increase social distancing practices. The TF will be commanding and controlling the logistical efforts to set up and maintain medical support in regions VIII, IX, and X. The TF is preparing units and supply locations to be logistically ready for large scale medical needs to support local governments and FEMA if/when required. The TF has been ordering large quantities of medical supplies to test early symptoms to be prepared to break the early chain of transmission of COVID-19 within their staff. By utilizing this contract, TF 76 will reduce the possibility of transmission, by limiting the amount of social interaction between TF staff and local personnel.

e. The DOD issued a travel notice on 13 March 2020, affective 16 March, which suspended all domestic travel by DOD military and civilian personnel. Due to this travel ban, TF 76 is very limited to the personnel and locations they have available to set up their operations. The travel ban is in effect until 11 May 2020, with the possibility of being extended. Most non-essential or personnel able to telework have been directed to do so by their individual commands. Due to the nature of TF 76’s mission, telework is not feasible as they require numerous briefs and meetings daily to keep the combatant commander informed of mission status and preparation.

f. 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.

g. The United States Department of Defense issued several memorandums in response to the COVID-19 outbreak. These memorandums enforce CDC guidance.

h. The Deputy Assistant Secretary of the Army for Procurement (DASA(P)) issued a memorandum on 12 March 2020 stating they are aware of potential wide-reaching impacts throughout Army Contracting Command related to contractors not being able to perform with the global spread of COVID-19. Epidemics and quarantines are causes beyond a contractor’s control and may be considered an excusable delay.

i. On 17 March 2020 U.S. Army North (USARNORTH) issued FRAGORD 15 to

USARNORTH OPORD 20-0005 (FOR DOD SUPPORT TO DHHS COVID-19

RESPONSE) directing DOD national level activation in support of National Response Coordination Center (NRCC), Regional Response Coordination Centers (RRCC), and Joint Field Office (JFO). The purpose of this was to task commanders with General

Control No: MICC 2020-55

i. On 17 March 2020 U.S. Army North (USARNORTH) issued FRAGORD 15 to

USARNORTH OPORD 20-0005 (FOR DOD SUPPORT TO DHHS COVID-19

RESPONSE) directing DOD national level activation in support of National Response Coordination Center (NRCC), Regional Response Coordination Centers (RRCC), and Joint Field Office (JFO). The purpose of this was to task commanders with General

Program/Equipment: COVID-19 Support MOB Lodging

Version – March 2020 FOR OFFICIAL USE ONLY

Officer for Force Protection responsibility and Garrison Commanders to prepare to mobilize and support the DHHS response to the COVID-19 pandemic. This directed certain USARNORTH subordinate and tenant commands to implement directed support to FEMA RRCC.

j. Based on the guidance issued by the WHO, CDC, U.S. Government organizations, and other State Departments throughout the world, people are stocking up on bottled water, paper products, groceries, and basic medical supplies. So there is a nationwide shortage of the required supplies, which is what the TF is being stood up to assist with.

9. Interested Sources: There are two interested sources that can 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. The government is working with both sources. Seven vendors within close vicinity of the University were contacted to see if they had the available rooms for lodging. These vendors either did not have the required rooms, or were not close enough for walking distance which would result in additional costs in transportation; and increased risks to personnel due to the inability to maintain the social distancing during transportation. The government has coordinated with one other vendor, University Guest House (under separate J&A), for the additional rooms to meet the entire need for the mission. These supplies are required urgently to ensure housing for the soldiers during the mission outside of their normal residence in support of COVID-19 testing and containment efforts. Failure to provide the required lodging will result in the soldiers not having a place to properly maintain self-hygiene and seek proper rest. The inability to acquire lodging could result in a higher risk of health and safety to the individuals and their inability to support the mission efficiently.

This lodging cannot be obtained online from other vendors because they are fixed-location hotel rooms. No notice was posted on beta.sam.gov due to the short suspense for this requirement as allowed by FAR Part 5.202(a)(2).

10. Other Facts:

a. Procurement History: There are no known contracts for these supplies to support the recent outbreak of COVID-19.

1) Previous contracts for lodging have not been for this same area. Due to the nature of this requirement, there is not sufficient time to conduct a competition for this particular need. Under non-emergent circumstances, the requirement would normally be competed and the requirements for close location to the duty location would be a much wider range; allowing for more competition.

Program/Equipment: COVID-19 Support MOB Lodging

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 Mathew Pickering Logistics Management Specialist/FPM

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 COL Dale D. Draeger

G4 ADCOS

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

Pricing evaluation will be based on the maximum allowable per diem rate for the location of duty per the Joint Travel Regulation (JTR). This determination will be made using the estimate developed with the maximum potential need at the maximum allowable per diem rate per room/day. As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

_ _____________________ Date: See Digital Signature Melanie S. Kiel 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 Melanie S. Kiel Contracting Officer

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Program/Equipment: COVID-19 Support MOB Lodging

Version – March 2020 FOR OFFICIAL USE ONLY

Approval

Based on the foregoing justification, I hereby approve the procurement of lodging meals on a 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 of the contract is for a 120 day period of performance from 26 March 2020 through 24 July 2020. This approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

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

Date: 2020.05.06 16:14:18 -05'00'