Revised.J ARedacted.pdf

MICC Control No. 14-78 SILL 14-09

JUSTIFICATION DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

DESCRIPTION OF PROGRAM: Full Food Service and Dining Facility Attendant Service for the Logistics Readiness Center (LRC), Fort Sill, Oklahoma

Authority: 10 USC 2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Amount: $ 10.6M

Prepared by:

Procuring Contracting Officer:

Technical/Requirements Representative:

Management Representative:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Local Small Business Specialist

Date:

Legal Counsel

Division Chief

Date:

Director

MICC Senior Contracts Attorney

N.1122681790 u=USA, JUSTIFICATION DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

FORT SILL FULL FOOD SERVICE AND DINING FACILITY ATTENDANT

CONTRACT

1. CONTRACTING AGENCY: Mission and Installation Contracting Command (MICC) Fort Sill, Oklahoma

2. DESCRIPTION OF ACTION: Modification to extend contract W9124J-09-D- 0003 period of performance for six (6) months. Approval is requested to bilaterally modify the existing contract for Full Food Services (FFS) and Dining Facility Attendant (DFA) Services for the Fort Sill Installation Logistics Readiness Center (LRC) for an additional six (6) months pending award of a competitive, follow-on contract. This extension is required to maintain continuity of services and allow sufficient time to (1) solicit and award the follow-on contract, and (2) to permit sufficient time for a contingency in the event of a protest. All options have been exercised, and the contract period of performance will expire on 30 September 2014.

This document is intended to justify and request approval of an extension of the current contract for six (6) months and issuance of one six (6) month task order expiring on 31 March 2015.

3. DESCRIPTION OF SUPPLIES/SERVICES: The MICC-Fort Sill has a requirement from the Logistics Readiness Center (LRC) at Fort Sill, Oklahoma, to contract for all resources necessary under the Army Food Program to provide complete hot meals for troops during dining hours according to nutritional standards as specified in Army Regulation (AR) 30-22 and some field site feeding. The requirement also includes maintaining clean dining facilities. The requirement requires the contractor to provide all resources, except Government Furnished Property (GFP), to include labor, equipment, tools, material, supervision, and other work efforts to perform the following:

i. Full Food Service (FFS) operations in three (3) Dining Facilities (DFACs),

ii. Dining Facility Attendant (DFA) +Headcounter Services in one (1) DFAC, and

iii. Full Food Service Mobilization (FFSM), The FFS services are activities that comprise the full operation of an Army dining facility. It includes, but is not limited to, requisitioning, receiving, storing, preparing, and serving of food as well as the performance of related administrative, custodial and sanitation functions. The contractor may also be required to prepare and deliver remote meals. FFS facilities are staffed entirely by contractor personnel. The DFA + Headcount services are contracted within military operated dining facilities for those activities which comprise only janitorial and custodial functions within a dining facility. Headcount and DFA services include but are not limited to, mopping, sweeping, scrubbing, dishwashing, window washing, pot and pan cleaning, trash removal, waxing, stripping, buffing, and other sanitation-related functions. The FFS requirement is subject to the Randolph Sheppard Act (R-SA). The contract includes a Collective Bargaining Agreement (CBA) with a local union implementing the Service Contract Act (SCA).

The estimated total value of this modification is $10.6M and the period of performance will be October though March

The scope of work for the contract extension will remain unchanged: only an extension of the performance period is required.

4. AUTHORITY CITED: This action is authorized under provisions of 10 U.S.C.

2304(c)(1) as implemented by Federal Acquisition (FAR) 6.302-1, Only One Or a Limited Number of Responsible Sources, and No Other Type of Supplies or Services Will Satisfy Agency Requirements.

5. REASON FOR AUTHORITY CITED: Pursuant to the provisions of FAR 6.302- 1(a)(2), the current contractor is the only source for the proposed contract extension.

An award to any other source would result in an unacceptable delay in fulfilling this requirement and would negatively impact Fort Sill’s obligation to its critical training mission.

a. Background: The current contract for Food Service is a fixed price (FP) Commercial Requirements Contract - W9124J-09-D-0003, with quarterly (task orders) call outs. The contract was a sole source, direct negotiations with the Oklahoma State Licensing Agency (SLA) pursuant to the R-SA and Army Regulation (AR) 210-25. The contractor is currently operating under a one year task order. The 4th option period ended on 30 September 2013 for a total estimated cost for the five-year contract at $84M. A task order was issued on 27 September 2013 for a performance period of 365 days at an anticipated cost of just under $20M. The government anticipates awarding a new contract by 5 January 2015, to allow for a 60-day phase-in period and full contract performance to commence on 2 March 2015.

b. Alternatives:

(1) Suspension of Operations. Suspension of operations is not a viable option to be considered. The services provided by the current contract are tied directly to Fort Sill’s training mission. Failure to provide these services will cause a major disruption of Fort Sill’s and the Army’s mission.

(2) Allow the contract to expire. Like suspending operations, any alternative that does not provide meals to the Soldiers is not a viable option. Failure to provide these services would have a major adverse impact on the health and welfare of the soldiers on this installation, many of whom are young trainees who depend on meal card provisions. The failure to provide meals would jeopardize the Army’s training mission.

(3) Extension of the current contract: Extending the current contract will continue the services without interruption. The incumbent contractor, R & R Food Services, is the only source reasonably available to provide the required services for the requested period of performance with seamless continuity until a follow-on contract can be awarded.

c. Justification:

(1) Due to the magnitude and complexity of the requirement and the time available before the current contract expires, the SLA’s incumbent licensed blind vendor, R & R Food Services, is the only available source that can provide services until a new competitively awarded contract can be executed. R & R Food Services uses Full Time Equivalents (FTEs) to perform the services under this contract.

(2) It is unrealistic to solicit for services of this magnitude, award and transition to a new contract within the time currently remaining. The primary challenge for this requirement is the unpredictability of the U.S.

Army Food Program at Fort Sill. There is a peak training season often referred to as the “summer surge” during the months of April through November in which there is an increase in the number of Initial Entry Training (IET) and Advanced Individual Training (AIT) soldiers conducting their annual military exercises and training. . These increases in the number of regular Army soldiers can be attributed to the sheer variety of military training offered at Fort Sill. This elevated level of training and mobilization requirements at Fort Sill, OK as well as the fluctuation of the “summer surges” could not be adequately anticipated and staffed by a new contractor. These circumstances create fluctuations in the number of meals served per day and per month at each dining facility.

(3) In addition, award to any other source would result in substantial duplication of cost to the Government that could not be recovered through competition. Award to another source for an interim requirement would result in the duplication of phase-in and phase-out costs. There is a start-up period of 60 days required for a new contractor to assume control of the FFS support. Based on the current contract value, sixty days of phase-in performance for an interim contract would yield an estimated total cost of $ .

d. Prior Acquisitions:

(1) The previous contract, DABT39-01-D-0003, was awarded to the

Oklahoma State Licensing Agency/Oklahoma Department of Rehabilitation Services pursuant to Department of Defense Directive (DoDD) 1125.3, Army Regulation (AR) 210-25 (Vending Facility Program for the Blind on Federal Property) and the Department of Education (DE) regulations codified at Title 34, C.F.R. 395.33. The contract was awarded for a 12-month base period with four options. The base period of performance began 1 October 2001, and expired on 30 September 2002.

The Government exercised all the options and the contract ended 30 September 2006. .

(2) Impact: There is a critical need to continue these services beyond the expiration of the current contract. Fort Sill’s mission would be adversely affected through the contractor not providing hot nutritional meals and field feeding according to regulation to the soldiers, and there are insufficient trained military personnel to provide FFS at dining facilities for the LRC at Fort Sill, Oklahoma.

6. EFFORTS TO OBTAIN COMPETITION: The notice required by FAR 5.201 announcing intent to negotiate a six month extension on a sole source basis with the existing Contractor will be synopsized and publicized on FedBizOpps upon approval of J&A. To date, no firms have expressed an interest in this extension. Any proposals, quotations, or capability statements will be considered by the agency in accordance with the Federal Acquisition Regulations.

7. ACTIONS TO INCREASE COMPETITION: Fort Sill posted a Pre-solicitation notice to Army Single Face to Industry (ASFI) on 19 March 2013 for the new solicitation requirement that has been delayed in issuance. A draft solicitation Special Notice was issued 25 March 2014. The synopsis noted that the new requirement will be a competitive 8(a) set aside, but will also permit the SLA, considered other than a Small Business concern, to participate in the procurement.

Competition will be sought to the fullest extent practicable by receipt of competitive proposals for award of a follow-on contract. If the SLA is within the competitive range, they will receive the award for the Full Food Service requirement as mandated. The DFA portion of the current contract is being solicited as a separate requirement from the Full Food Service requirement. The DFA portion does not fall under the RSA and the SLA will not be given an opportunity to bid on the requirement.

8. MARKET RESEARCH:

a. The North American Industry Classification System (NAICS) code for this acquisition is 722310, Food Service Contractors, with a size standard of $35.5M.

Market research was conducted utilizing the Small Business Administration’s (SBA) Dynamic Small Business Database Search Engine (DSBS) and querying other agencies regarding contracts for similar services. Queries have indicated that, for the most part, other installations are awarding to SLAs. As a general rule, SLAs have been in the competitive range. Although the regulations promulgated by the Department of Education to implement the R-SA permit direct negotiations with the SLA, MICC-Fort Sill decided that direct negotiations with the SLA would not be in the Government’s best interest. The DSBS indicated that there are more than 1,057 small business contractors identified with the matching profiles nationwide for NAICS code 722310. A further research of the NAICS code 722310 utilizing the SBA Quick Market Search resulted with the following socioeconomic matching profiles:

i. 8(a) Certified-96

ii. HUBZone Certified-36

iii. Veteran-252

iv. SDB Certified-96

v. Service-Disable Veteran-153

vi. Woman or Women Owned-375

In accordance with the R-SA and AR 210-25, dated 30 June 2004, paragraph 5 (b), priority will be given to the SLA.

b. Based on the results of the market research and review of current contracts at other U.S. Army installations we anticipate that two or more 8(a)BD small businesses can offer these services. In addition, to implement the R-SA, priority is given to the blind vendor in the operation of cafeterias on federal property by the R-SA and Department of Education’s regulations. As a result, this requirement will be solicited as a competitive 8(a) BD set-aside with the caveat that the SLA, considered other than a small business, will be allowed to compete.

The SLA will be required to submit a sub-contracting plan with its proposal.

9. INTERESTED SOURCES: A total of 18 firms listed on the table below responded to the Pre-solicitation notice that was posted to the Army Single Face to Industry (ASFI) on 19 March 2013 and the draft solicitation that was posted on 25 March 2014 expressing interest in the acquisition:

Company Small Business Category(ies)

Zelda Ann Associates SBWO Western Wichitas Consulting LLC WOSB

Gan-A"Yoo Services Corporation 8a KCA Corporation SB, HUBZone, WOSB VMC Services, Inc. SB, SDB, HUBZone, WOSB Cantu, Services, Inc. SB Oklahoma Department of Rehabilitation Services None Perkins Management Services 8a Comanche Nation Construction, LLC 8a, HUBZone DCT Incorporated WOSB JR Contract Services 8a UCI Services Group, Inc. None EC Management Services, Inc. None Taher, Inc None DKA Direct, LLC SB Blackstone Consulting, Inc none Sodexo None R&R Food Services LLC SB

10. OTHER FACTS:

a. Procurement History: See paragraph 5.d.

b. Acquisition data availability: N/A

c. Unusual and compelling urgency: N/A

d. Subcontracting Competition: The SLA has an active subcontract plan and has been satisfactorily complying. The extended contract will carry that plan forward.

11. TECHNICAL/REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance included in this Justification are accurate and complete to the best of my knowledge and belief.

Name:

12. MANAGEMENT REVIEW/APPROVAL: The requirement herein described is a valid requirement for the activity named in this Justification. The technical and requirements information contained in this Justification represent the minimum needs of the Government. The only way to satisfy this requirement is by limiting the competition as described herein.

13. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be at a fair and reasonable cost.

The techniques identified at FAR 15.404-1(b) will be used to ensure award will be at a fair and reasonable cost. The Contracting Officer used a comparison of industry cost for similar work. The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at FAR 15.404-1(c)(2)(iii) will be used to further ensure award will be at a fair and reasonable cost. Certified cost and pricing data will not be obtained.

14. PROCURING CONTRACTING OFFICER CERTIFICATION: I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing justification, I confirm verbal approval to negotiate provided 8/13/2014 and approve the procurement of food servicesat Fort Sill, Oklahoma estimated at $10.6M on an other than full and open competition basis pursuant to the authority of 10 USC 2304 (c)(1)), as implemented by FAR 6.302-1), Only One or a Limited Number of Responsible Sources, and No Other Type of Supplies or Services Will Satisfy Agency Requirements, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Signature: ____________________________ Date: ___________________ Mr. Dean M. Carsello MICC Special Competition Advocate US Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX

CARSELLO.DEAN.M.

2014.08.27 14:23:47 -05'00'