MICC-2015-62_Redacted.pdf

MICC Control No. 2015-62 SILL-2015-01

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 U.S.C. § 2304(c)1 as implemented by Federal Acquisition Regulation (FAR) 6.302-1,) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Amount: $ 11.3M

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

Division Chief

Director

MICC Senior Contracts Attorney

JUSTIFICATION DOCUMENT

FOR OTHER THN FULL AND OPEN COMPETITIONM

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 Service (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 that was on hold pending a pre-award bid protest. The protest was dismissed by the Court of Federal Claims (COFC) on 28 January 2015. This extension is required to maintain continuity of services during follow-on procurement. This document is intended to justify and request approval to extend the current firm-fixed-price (FFP) commercial Requirements contract for six (6) months to permit issue of one, six (6) month task order (TO). The period of performance will be 1 April 2015 through 30 September 2015. This requirement will be funded with 2015 Operations and Maintenance Appropriation (OMA) funds.

3. DESCRIPTION OF SUPPLIES/SERVICES: The Logistics Readiness Center (LRC) at Fort Sill, Oklahoma, requires contracting support for all resources necessary to provide complete hot meals for service members during dining hours according to the Army Food Program’s nutritional standards as specified in Army Regulation (AR) 30-22.

Such requirements include, maintaining clean dining facilities and providing some field site feeding. The contractor shall provide resources, except Government Furnished Property (GFP), to include labor, equipment, tools, material, supervision, and other work efforts to perform the following:

a. Full Food Service (FFS) operations in three (3) Dining Facility Administration Centers (DFACs),

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

c. Full Food Service Mobilization (FFSM).

The FFS services are activities that comprise the full operation of an Army dining facility include, but are 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. This 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 Labor Standards (formerly known as the Service Contract Act of 1965).

The estimated total value of this six--month extension is $11.3M. The period of performance will be 1 April 2015 through 30 September 2015.

4. AUTHORITY CITED: This action is authorized under provisions of 10 U.S.C. § 2304(c)1 as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. REASON FOR AUTHORITY CITED: Pursuant to FAR 6.302-1(a)(2), services are available only from the current contractor due to delays in the follow-on contract procurement resulting from the pre-award protest.

a. Background: FFS and DFA services are currently combined under one contract for support to three Dining Facilities. The current contract is a FFP Commercial Requirements contract (No. W9124J-09-D-0003) with TO “call outs”. The contract initially was awarded sole source by direct negotiations with the Oklahoma State Licensing Agency (SLA) pursuant to R-SA and Army Regulation (AR) 201-25.

Currently, the contract is under a six-month extension. The contract initially was awarded for a 12-month base period with four, 12-month option periods. The Government exercised all four option years. The five-year contract would have ended on 30 September 2013 for a total cost of $106M. Before contract expiration, however, a one-year task order was issued on 27 September 2013 for $20.5M. Services were extended under the TO on 28 August 2014 for an estimated amount of $10.6M. The current TO will expire on 31 March 2015.

b. Alternatives:

(1) Suspension of contract services. Suspending contracted services during the pendency of the follow-on source selection is not feasible and would result in disruption to Fort Sill’s training mission and indirect delay in the Army’s operations. The food services operations provided by the current contact are integrated directly in Fort Sill’s training mission and affects the training schedule, use of appropriated funds in support of meals, and use of government personnel for other than assigned duties. Temporary interruption of these services means Fort Sill activities must shift government resources to provide meals and associated messing for thousands of service members seven days a week for up to six months.

(2) Allow TO to expire and forgo services. Like temporarily suspending contracted services, any alternative that does not provide hot meals to the Soldiers is not an acceptable option. Failure to provide these services will have a major adverse impact on the health and welfare of the Soldiers and other service members, to include visiting foreign students and other military dignitaries on this installation. It is not an acceptable substitute to go on a 3 x day cold meal schedule for up to six months.

Further, it is not an acceptable, temporary alternative to expect service members to use personal funds to supplement subsistence with hot meals from commercial sources.

For the trainees dependent upon meal cards, out-of-pocket supplementation of subsistence may not be a possibility.

(3) Sole source extension of services. The only viable course of action is to conduct direct negotiations with the incumbent, Oklahoma Department of Rehabilitation Services (OKDRS). OKDRS is currently providing satisfactory food service under the contract W9124J-09-D-0003 with its subcontractor, R&R Food Service, as the performing licensed blind vendor contractor pursuant to the R-SA. OKDRS has the manpower and the resources to continue these mission-critical services, uninterrupted, while the follow-on source selection schedule, stayed during the pre-award protest, is re-established.

c. Justification: The pre-award protest filed with the COFC was dismissed on 28 January 2015. It is essential Fort Sill’s Food Service operations are sustained without disruption during the follow-on procurement, which was delayed by four months.

Moreover, due to the magnitude and complexity involved with providing daily garrison and field food service and messing for thousands of permanent party and temporary duty service members, the government would be unable to resume this service without deleterious effects to mission. The current incumbent has been performing this service for over five years and possesses unique capabilities that cannot be replicated by Government personnel in a timely or seamless manner. As such, the OKDRS is the only available source that can provide services until award of a competitive follow-on contract. Finally, OKDRS’ subcontractor, R&R Food Services, employs Full-Time Equivalents (FTEs) to perform the services under this contract. Failure to extend contract services under the present TO would mean the Government would need to replace all contractor FTEs with government personnel of equal skill, ability, and training the day after expiration of the current TO. Even under the current source selection plan, the awardee will be provided a 60-day phase-in period to assume all duties current performed by the incumbent. Likewise, there is no known commercial source that could immediately begin performance of food service in the dining facilities on Fort Sill.

d. Prior Acquisitions: The previous contract, DABT39-01-D0003, was awarded to the Oklahoma State Licensing Agency/Oklahoma Department of Rehabilitation Services pursuant to Department of Defense Directive (DoDD) 1125.3, 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, one-year options. The base period of performance began 1 October 2001, and expired on 30 September 2002. The Government exercised all four options and the contract ended 20 September 2006.

e. Impact: There is a critical need to continue these services beyond the expiration of the current TO. Fort Sill’s and the Army’s mission would be adversely affected if the current contractor stops providing the hot, nutritional meals, field feeding, and requisite dining facility attendant services. There are insufficient trained government personnel to provide FFS and DFA services 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 incumbent will be synopsized and publicized on FedBizOpps upon approval of J&A. To date, no potential sources have expressed an interest in this extension. Any proposals, quotations, or capability statements will be considered by the agency in accordance with the FAR.

7. ACTIONS TO INCREASE COMPETITION: Fort Sill posted a Pre-Solicitation notice for the follow-on contract on 19 March 2013. The solicitation, which was the basis for the pre-award protest, was posted on 3 September 2014. The pre-award protest was filed with the COFC on 27 October 2014. The original solicitation posted on 3 September 2014 was a Section 8(a) set aside. Subsequently, the Small Business Administration released this requirement from the Section 8(a) Program pursuant to the Government’s corrective action in response to the protest. The amended solicitation will change the set aside to 100% small business.

8. MARKET RESEARCH: This requirements falls under the North American Industry Classification System (NAICS) code 722310, Food Service Contractors, with a business size standard for $38.5M. 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 for the follow on competitive action. Queries have indicated that, for the most part, other installations are awarding to SLAs for FFS. The DSBS indicated that there are more than 1,057 small business contractors identified with the matching profiles nationwide for NAICS code 722310.

9. INTERESTED SOURCES: The following sources expressed interest in the acquisition and attended a site visit held on 10 September 2014 at Fort Sill, Oklahoma:

Oklahoma Department of Rehabilitation Services Gan-A “Yoo Services Corporation

Cantu, Services, Inc.

OKDRS

Son’s Quality Food Company Western Wichitas Consulting LLC Blackstone Consulting, Inc.

Waste Solutions Group Red River ST

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: Date:

Title: Signature:

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.

Name: Date:

Title: Signature:

13. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b) will be used to ensure award will be at fair and reasonable prices. 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 fair and reasonable prices.

Certified Cost and Pricing Data will not be obtained.

Name: Date:

Title: Signature:

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

Name: Date:

Title: Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of full food services and dining facility attendant services to OKDRS-SLA and their license blind vendor subcontractor R&R Food Services for an estimated $11.3M on an other than full and open competition basis pursuant to the authority of 10 U.S.C. § 2304(c)1 as implemented by FAR 6.302-1, Only One Responsible Source and No Other 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: 13 MAR 2015 Dean M Carsello Advocate for Competition US Army Mission and Installation Contracting Command, Ft Sam Houston TX

CARSELLO.DEAN.M

2015.03.13 11:50:42 -05'00'