1.32 JA under FAR 13.5 NHG Laundry and Dry Cleaning Services - redacted.pdf

NAVSUP FLC Yokosuka SAP 13.5 –

J&A for Sole Source NAVSUPFLCYINST 4280.1K

J&A Number: YOK-230005

Source Selection Information – See FAR 2.101 and 3.104

NAVSUPFLCY 4280/3 (Rev.12-19) Enclosure (3)

( CLASS) JUSTIFICATION AND APPROVAL

FOR USE OF SOLE SOURCE

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY.

Customer: U.S. Naval Hospital Guam

Contracting: NAVSUP Fleet Logistics Center (FLC) Yokosuka

2. Description of the Action Being Approved.

This J&A authorizes the use of other than full and open competition for the procurement of laundry and dry cleaning service for U.S. Naval Hospital Guam. The Government intends to award a Requirements type contract to The SAIRA, LLC dba The Product Solutions (UEI

GHL8JUM7JLD4) with an ordering period of 1 March 2023 to 29 February 2028.

(Note for a Class J&A: Identify the date on which authority to act under the J&A ends (i.e., the last day an award is authorized (this is not the period of performance) - the J&A "expiration date" - which must be written as a calendar date and not a period of time.)

3. Description of Supplies/Services.

U.S. Naval Hospital Guam requires laundry and dry cleaning service in accordance with local, federal, and professional industry standards and as defined in the Performance Work

Statement (PWS). The outcomes to be achieved are the pick-up, cleaning, sanitizing, and drop-off of laundry and linens in support of Naval Hospital functions.

Estimated Dollar Value

FY23 FY24 FY25 FY26 FY27 Total

OPN

O&MN

Total

4. Statutory Authority Permitting SOLE SOURCE.

41 U.S.C. 1901(e)(2) - a sole source acquisition under the authority of the Simplified

Procedures for Certain Commercial Items, as implemented by FAR 13.501(a).

41 U.S.C. 1903 Special Emergency Procurement Authority - a sole source acquisition in support of a contingency operation; or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States, as implemented by FAR

13.501(a).

NAVSUPFLCY 4280/3 (Rev.12-19) Enclosure (3)

5. Rationale Justifying Use of Cited Statutory Authority.

FAR 19.1306 requires the Contracting Officer to consider a contract award to a HUBZone small business concern on a sole-source basis before considering a small business set-aside provided.

The NAVSUP Small Business Representative and Small Business Administration (SBA)

Procurement Center Representative (PCR) jointly reviewed the requirement based on the market research conducted jointly between the customer and Contracting Officer and recommended award on a sole sources basis to the incumbent HUBZone certified contractor, The Saira, LLC.

The DD2579 documents the recommendation of the NAVSUP Small Business Representative and

SBA PCR.

The Contracting Officer reviewed the FAR 19.1306 and based on the recommendation of the customer determined that this requirement met the criteria. Specifically:

(1) The Contracting Officer does not have a reasonable expectation that offers would be received from two or more HUBZone small business concerns;

(2) The anticipated price of the contract, including options, will not exceed $4.5 million;

(3) The requirement is not currently being performed by an 8(a) participant under the provisions of

FAR 19.8 or has been accepted as a requirement by SBA under FAR 19.8;

(4) The HUBZone small business concern has been determined to be a responsible contractor with respect to performance under the existing contract N4019220C4000 and is capable of performing the current requirement; and

(5) Award can be made at a fair and reasonable price.

(Note for a Class J&A: If the justification is for a bridge contract, include an approved copy of NMCARS

Annex 5.)

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

The Contracting Officer posted a Notice of Intent (NOI) under Notice ID N6824623Q0021on the

Governmentwide point of entry (GPE) providing notice that the Government intended to award a contract to the HUBZone contractor on a sole source basis. The NOI was open from 19 January

2023 to 23 January 2023.

NAVSUPFLCY 4280/3 (Rev.12-19) Enclosure (3)

The notice invited interested and capable certified HUBZone contractors to submit capability statements for the Government to consider when determining whether to conduct a competitive procurement. No additional capable HUBZone certified contractors were identified.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

(If there is currently no reasonable likelihood of future competition, use the following or similar language:)

For the reasons set forth in Paragraph 5, NAVSUP FLC Yokosuka has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, NAVSUP FLC Yokosuka will assess whether competition for future requirements is feasible.

(Discuss any actions the Contracting Officer plans to take to change conditions that would preclude the use of full and open competition for acquiring the same or similar supplies or services in the future.)

9. CONTRACTING POINT OF CONTACT.

The point of contact at NAVSUP FLC Yokosuka, Contracting Department is Timothy Karol, Code 243 at DSN 339-5118, commercial 1-671-339-5118 or by email at timothy.s.karol.civ@us.navy.mil.

NAVSUPFLCY 4280/3 (Rev.12-19) Enclosure (3)

CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief. To the extent that the J&A value is from SAT to $750K, the Contracting Officer’s signature below also represents approval of the J&A.

CONTRACTING ACTIVITY COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve, as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(Click and enter appropriate citation,). To the extent that the J&A value is from $750K to $15M as described in 13.501(a) (2) (ii), the Competition Advocate’s signature below also represents approval of the J&A.