CYORK0002 - Justification and Approval - Revised - Redacted.pdf

2022. The new contract for the Mess Attendant Services was protested on 08 August 2022; and as a corrective action, will be terminated, with requirement to be re-solicited. This current contract will continue services while Contract is re-solicited and awarded.

Additional work and time is needed to revise the solicitation documentation to meet legal’s concurrence. This process has contributed to the delay in releasing the solicitation and award of a follow-on contract. An additional six (6) months will allow services to continue; and provide the necessary time to adjudicate issues and award new contract.

3. Description of Supplies/Services. The Contractor shall provide Mess Attendant Services at

USCG TRACEN Yorktown consisting of two (2) dining facilities: TRACEN Yorktown Main Dining Facility (MDF/Galley) and Port of York (POY) Dining Facility. These dining facilities are dedicated to providing full meal service and meeting the nutritional needs of USCG personnel at TRACEN Yorktown, providing over 395,000 meals annually. Services to be performed include, but are not limited to, serving meals, cash register operations, management/supervision, dishwashing and cleaning.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition. The statutory authority permitting other than full and open competition is 10 USC 3205 implemented by Subpart 13.501(a).

5. Identification of Exception to the Buy American Act. N/A

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

a) The Contract (70Z08422CYORK0001) was awarded and protested. It was decided that the contract be terminated and, as a corrective action, be re-solicited. The current contract (70Z08422CYORK0002) was awarded and is set to expire 30 June 2023. The Integrated Procurement Team decided to change the Performance Work Statement (PWS) to a Statement of Work (SOW). The prior protest was about proposal evaluation criteria so Legal, Policy and DOL-931 have been working diligently on the evaluation criteria and evaluation methodology sections of the Source Selection Plan and the Request for Proposal. An additional six (6) months will ensure that the Government has ample time to complete these changes to award a new contract.

b) Per FAR 13.501, the Government intends to award on a sole source basis. The current vendor possesses the capability to fulfil TRACEN Yorktown’s needs, as they presently have personnel in place performing services. No other vendors are capable of performing services immediately during this short period of time needed to re-solicit this requirement. Pursuing direct negotiations with the current vendor lowers the performance risk to the Government. This will also streamline the acquisition process which will be a cost savings to the Government. This will ensure that the Government has ample time to award a new contract, which shall be in the best interest of the Government.

c) No other alternatives would produce a Contractor capable of meeting the government’s need for Mess Attendant services by 30 June 2023 as the Contract is required to continue services while re-solicitation and negotiations are being conducted. This Contract will extend contract services for an additional six (6) months, extending contract services from 9 to 15 months.

d) Should this J&A not be approved, services would discontinue. This would result in TRACEN Yorktown not being able to support their two (2) dining facilities, which would render the TRACEN non-mission capable.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

An announcement will be published on or before 24 October 2022 on www.sam.gov.

An announcement for the additional six (6) months will be published within 14 days after award.

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable. The Contracting Officer (KO) determined the proposed price as fair and reasonable based on the previous and current price history with the current Contractor. The current price rates were considered fair and reasonable IAW FAR 15.404-1(b)(2)(ii), comparison of previously proposed prices and Government and Commercial contract prices for the same of similar items. There have not been any changes made to the requirement; therefore, any increase is not anticipated or shall be minimal. The previous Collective Bargaining Agreement was incorporated into the award. This established minimum rates and fringe benefits, so, should a major increase occur, the KO shall request further information from the Contractor regarding the proposed increase to determine fair and reasonable pricing.

9. Description of Market Research. Market Research was conducted previously on Contract

70Z08422CYORK0001. The Government contacted Blue Construction Services, LLC to inquire if they would be interested in the requirement since they are currently providing services. It would not be in the Government's best interest to locate another firm and negotiate prices being that a new firm would not be familiar with the PWS requirements and with TRACEN Yorktown’s Dining Facilities. Blue Construction Services, LLC is interested.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. There are no other facts other than those already stated.

11. A Listing of the Sources, if any, that Expressed, in Writing, an Interest in the

Acquisition. None

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required. The current Contract 70Z08422CYORK0001 received responses from four (4) offerors. The new solicitation will also be set-aside for competition and no barriers to competition are anticipated.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Luis Torres Date Contracting Officer

14. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

CS1 Billy Shuck Date Technical Representative/COR

RECOMMENDED FOR APPROVAL:

Tina Ford Date Contracting Officer

APPROVAL:

Edward S. Frank Date Command Procuring Activity Competition Advocate (CPACA)