3. JA GE Maint_JA HQC010-20-13 Amd 0002.pdf

Control No.: HQC010-20-13, Amendment 0002

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-0003 with SKE Technical Services GmbH. The proposed modification will extend the period of performance seven months from 01 July 2021 to 31 January 2022. 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. The proposed seven month modification would extend the contract performance period to 31 January 2022 and increase the estimated contract value as follows:

HQC010-16-D-0003

Original Amount: €8,124,170.60 ($9,557,847.76) J&A Amount: €805,927.50 ($948,150.00) J&A Amendment 0001: €1,422,260.30 ($1,673,247.41) J&A Amendment 0002: €1,005,831.79 ($1,183,331.52) Total J&A Bridge Amount: €3,234,019.59 ($3,804,728.93) New Total Amount: €11,358,190.19 ($13,362,576.69)

* 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-0003 with SKE Technical Services GmbH will expire on 30 June 2021. Modification HQC010-16-D-0003 P0007 was issued pursuant to Justification and Approval (J&A) HQC010-20-13 for other than full and open competition IAW 10 U.S.C.,§2304 (c)(2), FAR 6.302-2, Unusual and

Compelling Urgency supported 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. Modification P00008 was issued pursuant to Justification and Approval (J&A) HQC010-20-12 Amendment 0001 for other than full and open competition in accordance with FAR 6.302-2(a)(2) to extend services for an additional nine months from 01 October 2020 through 30 June 2021.

As a result of focus on and new outcomes for facility sustainment and maintenance in DeCA's new strategic plan, issued in April 2021, as well as currently pending changes to agency systems that support the facility maintenance program agency-wide, the agency is currently engaging in implementation of a long-term acquisition plan associated with these types of services for all of DeCA's worldwide facilities. It's a major event directly related to this contract and its implementation that occurred since the last extension. The agency believes that this process will result in a more efficient and reliable basis for making facility maintenance acquisitions and for promoting enhanced competition opportunities for facility maintenance and related services. During this time, development and issuance of a new contract was not reasonable, based on pending changes to the facility maintenance program, generally, and associated changes in the requirement.

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. An interruption in services would negatively impact DeCA’s mission to provide for the military and their families. Due to changes in grocery shopping patterns during the COVID-19 pandemic, the use of and dependence on commissaries has increased significantly, with an enhanced need for efficient and continuous on-site availability of products and services. Any interruption in maintenance services will prevent DeCA from providing this mission critical support to military members, retirees, disabled veterans, and other authorized patrons.

SKE Technical Services GmbH has been performing this contract successfully over the past four 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. SKE Technical Services GmbH 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-0003 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 prorate it to a seven month value and added 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 SKE Technical Services 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: SKE Technical Services 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 seven months interim period.

10. Action to Increase/Foster Competition: DeCA Contracting Branch Europe is actively working to award a competitive contract by 01 January 2022 with commencement on 01 February 2022. 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-0003:

LOCATION COMMERCIAL ADDRESS

SHORT

CODE

GERMANY ANSBACH COMMISSARY

BLDG 8135, URLAS KASERNE

91522 KATTERBACH, GE

ANS

GERMANY GARMISCH COMMISSARY

BLDG 212, BREITENAUERSTR.

82476 GARMISCH, GE

GAR

GERMANY GRAFENWOEHR COMMISSARY

BLDG 700, GRAFENWOEHR LAGER

92655 GRAFENWOEHR, GE

GRA

GERMANY HOHENFELS COMMISSARY

TRUPPENUEBUNGSTLATZ

BLDG 749, LAGER LINDERBERG

92366 HOHENFELS GE

HOH

GERMANY KELLEY BARRACKS COMMISSARY

BLDG 3316, KELLEY BARRACKS

70567 STUTTGART/MOEHRINGEN, GE

KEL

GERMANY PANZER COMMISSARY

BLDG 2957, PANZER KASERNE

PANZER STRASSE

71032 BOEBLINGEN, GE

PAN

GERMANY PATCH BARRACKS COMMISSARY

BLDG 2350, PATCH BARRACKS

OHIO STRASSE

70569 STUTTGART/VAIHINGEN, GE

PAT

GERMANY ROBINSON BARRACKS

COMMISSARY

BLDG 146, ROBINSON BARRACKS

70376 STUTTGART

RBN

GERMANY VILSECK COMMISSARY

BLDG 2204, ROSE BARRACKS

92249 VILSECK GE

VIL

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 Supervisory Category Manager

Signature:_______________________ Date: __20 May 2021_____________

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: ___________________________

APPROVAL

Based on the above mentioned justification, I hereby approve the seven months extension from 01 July 2021 through 31 January 2022, for the continuation of preventive maintenance and routine and emergency repairs of facilities and equipment at commissary store locations in Germany under contract HQC010-16-D-0003, 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