3. JA_GE Maint_HQC010-20-12 Amd 0001_Signed.pdf

Control No.: HQC010-20-12 Amendment: 0001

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Office: Defense Commissary Agency (DeCA), Non-resale Contracting Directorate, Contracting Branch Europe (CCQRU), Kaiserslautern, Germany.

2. Type of Contract Action: This action is for modification of contract HQC010-16-D-0002 with WISAG Technical Military Support Services GmbH & Co KG. The proposed modification will extend the period of performance nine months from 1 October 2020 through 30 June 2021. The contract type is requirements type. DeCA’s surcharge funds will be provided to fund individual task orders.

3. Description of Supplies/Services: This action will provide uninterrupted preventive maintenance and routine and emergency repairs of commissary facilities and equipment at DeCA commissaries located in Germany, Belgium, and the Netherlands. The proposed nine month modification would extend the contract performance period to 30 June 2021 and increase the estimated contract value as follows:

HQC010-16-D-0002

Original Contract Amount: €16,871,950.02 ($19,849,352.96) J&A Amount: €1,871,000 ($2,206,865.36) J&A Amendment 0001: €2,929,000.00 ($3,445,882.36) Total J&A Amount: €4,800,000 ($5,652,747.72) New Total Contract Amount: €21,671,950 ($25,502,100.68)

* Exchange rate $1.00 = €.85

4. Authority Cited: Authority Cited: 10 U.S.C., §2304 (c)(2), FAR 6.302-2, Unusual and compelling urgency.

5. Reason for Authority Cited:

As described at FAR 6.302-2(a)(2), when the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. Pursuant to FAR 6.302-2, the incumbent contractor is the only available source because award to any other source at this time would result in unacceptable delays in fulfilling overseas commissaries requirements and an interruption of services. Contract HQC010-16-D-0002 with WISAG Technical Military Support Services GmbH & Co KG will expire on 30 September 2020.

Modification P00007 was issued pursuant to Justification and Approval (J&A) HQC010-20- 12 for other than full and open competition IAW 10 U.S.C.,§2304 (c)(2), FAR 6.302-2, Unusual and Compelling Urgency was approved to support a non-competitive extension to the current contract with firm WISAG Technical Military Support Services GmbH & Co KG for a six month period of performance from 01 April 2020 through 30 September 2020. Due to delays in receiving an accurate and complete acquisition package for the follow-on requirement, it is not feasible for the Agency to award the follow-on contract by 30 September 2020. The commissary benefit is the cornerstone of the military quality of life and it is essential that DeCA provides fully operational commissaries. Preventive maintenance and routine and emergency repairs of equipment and facilities is an essential part of providing food safety as well as a safe and secure shopping environment to the military communities in Germany, Belgium, and the Netherlands. An interruption in services would negatively impact DeCA’s mission to provide for the military and their families.

WISAG Technical Military Support Services GmbH & Co KG has been performing this contract successfully over the past 3.5 years providing services that conform to the contractual requirements and terms and conditions. The company has the intimate knowledge and resources in place to continue uninterrupted service.

WISAG Technical Military Support Services GmbH & Co KG is the only source available that has the necessary infrastructure and quality assurance measures in place to provide uninterrupted service for the extension period in accordance with the DeCA commissary requirements.

6. Efforts to Obtain Competition: A sources sought notification was not issued for this requirement due to the fact no contractors other than the incumbent is capable of providing the required services during the proposed extended period without causing unacceptable delays, disruption in service, and unrecoverable duplication of cost.

7. Fair and Reasonable Price Determination and Contracting Officer Certification:

Contract HQC010-16-D-0002 was awarded under full and open competition. To calculate the price for the contract extension period, the Government took the price for all CLINS of the six month extension period and prorated it to a nine-month value then added the estimated value for the new Brunssum commissary and 5% for unscheduled/emergency maintenance repairs for aging equipment. In view of the results of market research and a comparison to historical prices paid for similar efforts, the prices are still competitive and a new procurement would not yield more advantageous pricing. Based on the aforementioned, the contracting officer determines the prices offered by WISAG Technical Military Support Services GmbH & Co KG to be fair and reasonable.

8. Market Research: Market research did not reveal any contractors having the ability to facilitate the successful and expeditious execution of the services required via this modification. Due to the complex nature of the procurement, it is unreasonable to expect that anyone other than the incumbent will be able to effectively start-up and perform the requirements in a timely manner due to the anticipated delay in notice of a new award.

9. Other Factors: Not applicable.

Interested Sources: WISAG Technical Military Support Services GmbH & Co KG is the only known source that can perform at the required performance level while maintaining continuity of services. To date, no other sources have written to express an interest in performing the nine months interim period.

10. Action to Increase/Foster Competition: DeCA Contracting Branch Europe is actively working to award a competitive contract by 1 May 2021 with commencement on 1 July 2021. This effort is in the pre-solicitation stage of the follow-on acquisition, which will be conducted as a full and open competition. To foster competition, obtain economies of scale in pricing, and provide long-term incentives, the performance period for the follow-on contract was increased from three years to four (24-month base period, plus three 12-month option periods in accordance with FAR 17.202(a)).

11. Commissary locations covered under contract HQC010-16-D-0002:

LOCATION COMMERCIAL ADDRESS

SHORT

CODE

GERMANY BAUMHOLDER COMMISSARY

BLDG 8575, H.D. SMITH KASERNE

55774 BAUMHOLDER, GE

BAU

BELGIUM CHIEVRES COMMISSARY

BLDG 20200

7940 BRUGELETTE, BELGIUM

CHI

GERMANY RAMSTEIN COMMISSARY

BLDG 1200, RAMSTEIN FLUGPLATZ

66877 RAMSTEIN GE

RAM

GERMANY CMPP RAMSTEIN

BLDG 1200, RAMSTEIN FLUGPLATZ

66877 RAMSTEIN GE MPP

THE

NETHERLANDS

BRUNSSUM COMMISSARY

BLDG 90008 NATO Depot Brunssum Kranenpool 4 6443 VA Brunssum, The Netherlands

BRU

GERMANY SPANGDAHLEM COMMISSARY

BLDG 575, SPANGDAHLEM FLUGPLATZ

54529 SPANGDAHLEM GE

SPA

GERMANY VOGELWEH COMMISSARY

BLDG 2030,

67661 KAISERSLAUTERN/VOGELWEH, GE

VOG

GERMANY WIESBADEN COMMISSARY

BLDG 7765, HAINERBERG HOUSING AREA

65189 WIESBADEN, GE

WIE

GERMANY DEFENSE COMMISSARY AGENCY

EUROPEAN AREA

HQS

KAPAUN AS

BLDGS 2780, 2779, 2786

67661 KAISERSLAUTERN

GERMANY CDC-GERMERSHEIM

US DEPOT

BLDG 7900 (Administration)

76726 GERMESHEIM

CDG

GERMANY CDC-KAISERSLAUTERN *

AN DER WEILERBACHER BRUCKE

67661 KAISERSLAUTERN

* EXCLUDING AMMONIA SYSTEM

CDK

Technical/Requirement Certification:

I certify that the supporting data under my cognizance, which are included in this justification are accurate and complete to the best of my knowledge and belief.

Name: Joaquin Hernandez Signature: _______________________ Supervisory Category Manager Date: _______________________

Fair and Reasonable Price Determination and Contracting Officer Certification:

I hereby determine that the prices for this contract action are fair and reasonable. I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Name: Petra Pulze Signature: _______________________ Contracting Officer Date: ___________________________

15 Aug 2020

APPROVAL

Based on the above mentioned justification, I hereby approve the nine months extension from 1 October 2020 through 30 June 2021, for the continuation of preventive maintenance and routine and emergency repairs of facilities and equipment at commissary store locations in Germany, Belgium, and the Netherlands under contract HQC010-16-D-0002, on other than full and open competition basis pursuant to the authority of 10 U.S.C. §2304 (c)(2), provided funds are available, or will be available, and provided that services herein described have otherwise been authorized for acquisition.

APPROVED:

Signature: ________________________________ Date: ____________________ Floyd L. Kirkland Competition Advocate