A17_J_A_091323_Single_Source_Determination_FAR_13_under_SAT_Redacted_1.pdf

United States Department of the Interior

BUREAU OF INDIAN AFFAIRS

Southwest Regional Office 1001 Indian School Road NW

Albuquerque, New Mexico 87104

IN REPLY REFER TO:

108- Division of Acquisitions

SINGLE SOURCE DETERMINATION USING

SIMPLIFIED ACQUISITION PROCEDURES (SAP) UNDER THE

SIMPLIFIED ACQUISITION THRESHOLD (SAT)

AUTHORITY: FAR 13.106-1(b)(1)

PR # 0040638471 Control # _________

1. Contracting Activity.

This document is a justification for single source determination under Simplified Acquisition Procedures (SAP) under the Simplified Acquisition Threshold (SAT) for the Department of the Interior, Bureau of Indian Affairs (BIA), Office of Justice Services (OJS), District IV, Chief Ignacio Justice Center, Adult and Juvenile Correctional Facility (CIJC)

2. Description of supplies or services required to meet agency needs.

The Contractor shall provide all food and non-food supplies, have a system (not connected to BIA computer system) to place orders, food services, personnel, vehicles, transportation, supervision, and quality control. The Contractor must be an established food services distributor who can supply all the products from their own inventory/warehouse. Anticipated period of performance is from October 1, 2023 to January 31, 2024, with an option to extend for 2 months.

The estimated value of the proposed action is for 4 months. Options estimated value is per month. The total award is an estimated .

3. Identification of the single source to be solicited.

Name of Proposed Contractor: Sysco New Mexico Street Address: 601 Comanche Road NE City, State, Zip: Albuquerque, NM 87107 Phone: 505-761-1200

4. Reason for authority cited.

The contracting officer has determined the circumstances of the contract deem only one source reasonably available based on Urgency. The nature of the requirement has been deemed urgent and following competitive procedures would result in unacceptable delays.

5. Rationale: Provide an explanation that supports the reason cited in #4.

23-0290

BACKGROUND

CIJC Facility has a current contract 140A0721D0010 with AMG Company, Inc. PCS S203 and. NAICS 722310 were utilized. The acquisition was competed and set aside for Small Business Only one offer was received. The third option year is due to expire on September 30, 2023. CIJC Facility requested om July 7, 2023 for the contract’s 4th and final option year to be exercised. The Contracting Officer (CO) informed Julia Freeland, Contracting Officer’s Representative (COR), on August 2, 2023 the contractor according to sam.gov had potential issues (not mentioned) and was not able to exercise the option year.

ALTERNATIVES

The CO provided two options to provide food supplies and services to CIJC Facility. 1. Use Government Purchase Card, but the total would exceed the micro-purchase threshold of $10,000 for supplies in one week. 2. Get a new award in place. The problem is there is not enough time before September 31st to get a new award made. This is due to the current workload of the CO, and revisions to the existing performance work statement and attachments.

JUSTIFICATON

Under Contract 140A0721D0010. AMG Company, Inc used a subcontractor, Sysco New Mexico (large business) to order from, supply, and deliver the food and non-food products to CIJC Facility. A short-term contract with Sysco New Mexico is contemplated to assure CICJ Facility continues to provide detainees the nutritional diet required by law. The period of performance would be October 1, 2023 to January 31, 202 (4 months) with the option to extend services. It is anticipated the short-term contract shall not exceed 6 months. This will allow enough time to solicit for a long-term contract. The short-term contract will not be solicited as full and open, due to the urgency to continue nourishing the detainees required by law. This will not impact CIJC’s process because they are familiar with Sysco New Mexico’s food products, non-food products, ordering portal, and delivery schedule.

IMPACT

A solicitation for a base year with option years will be processed during the short-term contract to assure food supplies and services can continue for the future. This solicitation will be competitive or solicited from as many vendors as possible, as well as setting it aside for socioeconomic businesses. Once a long-term contract is in place, the short-term contract will be terminated for convenience or not continued under the option to extend the term of the contract.

HARM

If food is not provided to the CIJC Facility detainees, CIJC will be in violation of the US Constitution’s 8th amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The BIA Corrections Handbook requires nutritional meals to detainees, well as snacks for juveniles. If meals can’t be provided CIJC facility would have to release the detainees, which may be detrimental to the detainees and the public.

6. Market Research. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Sufficient market research was conducted and was appropriate to the circumstances. The requirement is urgent due to the current contract 140A0721D0010 expiring on 09/30/2023. No set-aside will be done for this acquisition. A sole source with a current subcontractor (large business) is sought due to BIA CIJC knowledge with their ordering system, list of food and non-food products, and delivery schedule. The POP will be for a base of 4 months, but not exceed 2 option months. These items are commercial in nature. A competitive solicitation for a full contract with option years will be processed for during this acquisition for the future.

7. Under the authority of FAR 13.106-1(b)(1), the undersigned hereby determines the circumstances of this contract action deem only one source is reasonably available as supported herein.

X Sonia L. Nelson, Contracting Officer Date

8. Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

X Julia Freeland, Contracting Officer Representative Date

SONIA NELSON

Digitally signed by SONIA

NELSON

Date: 2023.09.12 15:29:06 -06'00'

JULIA FREELAND

Digitally signed by JULIA

FREELAND

Date: 2023.09.12 17:43:11 -06'00'