A.02 Justification and Approval Nutrition Care Workers Version 1.pdf

Control Number: 20-RHCO-A-455

For Official Use Only (See FAR 2.101 and 3.104-4)

(10 June 2016)

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Regional Health Contracting Office-Atlantic (RHCO-A), Fort Bragg Contracting Cell, Womack Army Medical Center (WAMC), Fort Bragg, NC.

2. Description of Action: Approval is requested for a new firm-fixed price (FFP) contract for the procurement of 12 full time equivalents (FTEs), Nutrition Care Workers for the Department of Nutrition at WAMC, Fort Bragg, North Carolina. FY20 Operation and Maintenance funds will be used to fund this requirement.

3. Description of Supplies/Services: This is a non-personal services requirement to provide continuity of services for 12 FTEs Nutrition Care Worker in the Department of Nutrition at WAMC, Fort Bragg, North Carolina. The total estimated price for the base and four 12 month option periods is $4,437,696.00. FAR Clause 52.217-8, “Option to Extend Services” will be included in the contract. The total estimated value of the requirement if FAR 52.217-8 is exercised is $5,202,081.60.

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items; 20 United States Code 107, Regulation 34, CFR 395, and 41 CFR 101-20.2.

5. Reason for Authority Cited: The current contract W91YTZ19P0341 expires on 31 July 2020. This contract was awarded as a sole source contract based on urgency.

The previous contract W91247-13-D-0010 expired on 15 July 2019. This contract was awarded by the Mission and Installation Contracting Command (MICC). The MICC has informed the Regional Health Contracting Office - Atlantic that they will no longer support the functions currently being performed by the WAMC Nutrition Care Workers.

According to the MICC these nutrition workers are preparing medical/nutritional meals for patients within the hospital. In addition, some of these workers are actually feeding patients. The Contracting Officer was informed that this work is not within the scope of the MICC Performance Work Statement and would be excluded from their new long-term contract award. Therefore, a new long-term contract is needed in order to continue providing these services. Although the MICC did not provide this office a substantial amount of time for the customer to prepare the follow-on acquisition requirement package, the Contracting Officer Representative (COR) was able to submit the required documents and funding to the contracting office in a timely manner. Award of this requirement will ensure continuity of care for the active duty soldiers, retirees and dependents serviced by WAMC. Contract W91YTZ19P0341 was awarded to North Carolina Business Enterprise (known as the licensing agency) who are doing business as of today as Health & Human Services, North Carolina Business Enterprise for Nutrition Care Workers, for non-personal services located at Womack Army Medical Center. The company operates under the Randolph-Sheppard program and train blind vendors to serve as managers of DOD dining facilities. The licensing agency serves as

Control Number: 20-RHCO-A-455 Nutrition Care Workers Services (12 FTEs), Womack Army Medical Center (WAMC), Fort Bragg, NC the prime contractor and place the blind vendor with an appropriate dining facility. The Randolph Sheppard Act is administered by the Department of Education who is responsible for oversight, however the programs are operated at the state level by a state licensing agency under the auspice of the state vocational rehabilitation program.

6. Efforts to Obtain Competition: Solicitation W91YTZ20R0026 was issued as a small business set-aside. During the solicitation phase, Health & Human Services, North Carolina Business Enterprise contacted the Contracting Officer requesting that we set this aside pursuant to the Randolph Sheppard Act. Although the Randolph Sheppard Act is not mandatory for operation of dining facilities, the current vendor is the incumbent and can provide the needed services in a timely manner. The solicitation closed and contracting received seven proposals. However, since the local government requested that the contract use the Randolph Sheppard Act of 1932, the Contracting Officer cancelled solicitation W91YTZ20R0026.

a. Effective competition. The Contracting Officer shall publish the notices required by FAR 5.201 on the beta.SAM website. No additional efforts will be made to obtain competition based on the information provided in paragraph 5 above.

b. Subcontracting competition. A Subcontracting Plan is required.

7. Actions to Increase Competition: Solicitation will be posted on betaSAM. The solicitation will include the Randolph Sheppard Act. Any proposals received will be reviewed for future requirements.

8. Market Research: Market Research was conducted in accordance with FAR Part 10 by the Contracting Officer’s Representative and the Contract Specialist. A search of the Small Business Dynamic Quick Market Search website was conducted revealing that numerous contractors have the capability to provide the required services. The Federal Supply Schedule website was also used to compare pricing on GSA contracts in order to determine that current contract pricing is fair and reasonable.

9. Interested Sources: Solicitation W91YTZ20R0026 was posted on betaSAM and the contracting office received seven proposals. A notice of intent to award a sole award using the Randolph Sheppard Act will be posted to beta.sam.gov requesting those interested to submit their capability statements for future requirements.

10. Other Facts:

a. Procurement History. This current contract was awarded 1 August 2019 to North Carolina Business Enterprise, LLC and expires on 31 July 2020.

(1) Previous History W91247TZ13D0010 (North Carolina Business Enterprises)

Period of Performance 16 July 2012 thru 15 July 2019

Competitive Status Competitive Contract

Contract Value $19,850,730.54

(2) The competitive status of these actions. Small Business Competitive

(3) Authority previously cited if less than full and open competition was used. N/A

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. N/A

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. N/A

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. None

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. N/A

b. Other facts.

(1) North Carolina Business Enterprise is the only responsible contractor that has been providing the required services since 16 July 2012. North Carolina Business Enterprise can provide the required number of FTEs and provide continuity of services for the Nutrition Department. Failure to award this long-term contract would not only result in delays in nutrition care, but the lapse in services, would also be detrimental to the quality of care currently provided by WAMC to its patients and could result in significant loss of life.

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief. I certify the required services are not available using mandatory sources and delivery can’t be made by the required delivery date.

__________________________________ Date: 21 JUL 2020 MAJOR Deana Pope Contracting Officer’s Representative (COR)

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

Signature: ________________________________Date: __________

MAJ Pope: ____________________________Title:__________________________

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Certified cost and pricing data is not required because of the exception for commercial contracts in FAR 15.403-1(b) (3). Other than cost or pricing data is required. The estimated value of this procurement for the period of performance from 1 October 2020- 30 September 2025 will be $5,202,081.60.

This determination will be made using the results of the Independent Government Cost Estimate and Other than Cost or Pricing Data. As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Signature: ________________________________Date: _________________

Typed Name: ____________________________Title:___________________

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: ________________

Typed Name: ____________________________Title:__________________

Approval

Based on the foregoing justification, I hereby approve the procurement of Nutrition Care Workers Services (12 FTEs) on an other than full and open competition basis pursuant to the authority of 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items; 20 United States Code 107, Regulation 34, CFR 395, and 41 CFR 101-20.2, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ________________________________Date: __________

Typed Name: _Liza J. Esmond_____________Title: Special Advocate for Competition