ANNEX 1 - JUSTIFICATION AND APPROVAL_MCSFR FINAL SIGNED.pdf

Navy Marine Corps Acquisition Regulation Supplement APRIL 2018 (Change 18-25)

J&A No. MCIEAST 2601

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Marine Corps Forces Command (MARFORCOM) Contracting Office, Norfolk, VA.

2. Description of the Action Being Approved.

This is a Justification and Approval to award a sole-source Firm Fixed Price (FFP) contract to HABITATION TURPIN for food services. The period of performance (POP) is 18 December 2025 17 June 2026 with (1) one-month option period.

3. Description of Supplies/Services.

This requirement is to provide food catering services for Marine Corps Security Forces Regiment (MCSFR) FAST Bn personnel located in Port-au-Prince, Haiti. The estimated dollar value covered under this Justification and Approval (J&A) is $848,000.00, which will be funded with Operation and Maintenance, Marine Corps (O&MMC) 1105 and 1106 funds as shown in Table 1 below. This will be a six-month base period covering the is 18 December 2025 17 June 2026 with (1) one-month option period.

Estimated Dollar Value

Funds O&MMC Base Period $728,000.00 O&MMC Option 1 $120,000.00 Total $848,000.00

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), only one responsible source and no other supplies or services will satisfy agency requirements.

FAR Subpart 13.5 procedures are being utilized for this acquisition in accordance with 41 U.S.C.

1901 as implemented by FAR 13.501(a)(ii).

5. Rationale Justifying Use of Cited Statutory Authority.

The vendor HABITATION TURPIN is a restaurant located on the Embassy compound. Due to the mission being performed by the MCSFR, FAST Co, it is in the

Controlled by: Department of the Navy Controlled by: MARFORCOM CUI Category: PROCURE Distribution Statement: FEDCON POC: GySgt Halmia Jackson, 757-445-4282

J&A No. MCIEAST 2601 best interest of the Government and the safety of the Marines to award contracted feed to the only vendor located on the Embassy compound. Being located on the Embassy compound allows the appointed Technical Point of Contact (TPOC) to perform duties in accordance with the Quality Assurance Surveillance Plan (QASP) without needing to leave the compound. It is unsafe for them to leave the compound to inspect the facilities of any other vendors. Inspecting the facilities is necessary for food safety purposes. Since this vendor provides a better, safer option, it is reasonable to restrict competition for this requirement.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Market Research of mandatory sources yielded little to no results. An Internet search of the local market resulted in multiple companies within Haiti that could fulfill the requirement however due to the nature of the mission being performed, along with the restrictions set for the Marines in that location, and safety concerns for the Marines operation in this location, it is in the best interest of the Government to award contract to the only vendor located on the Embassy compound. In accordance with DFAS PGI 206.302-1, a sources sought will be issued, however as market research confirms that only HABITATION TURPIN can provide these services due to severity of the safety concerns within the area and the vendor residing on the Embassy compound. If any sources identify themselves in response, their capabilities will be evaluated, though none are expected to meet the requirements pertaining to safety.

7. Determination of Fair and Reasonable Cost.

A fair and reasonable determination of the quoted price of $4,000 per day to provide three meals for 82 people in Haiti is not only fair but also competitive in comparison to previous contract written, the official per diem rate for that location, and to the local market conditions. The quoted price in comparison to Contract M2700025P0040 for food services in Haiti represents a significant cost saving. The previous contract established a daily meal cost of $91.30 per person, broken down into $21.25 for breakfast, $35.40 for lunch, and $34.65 for dinner. In contrast, the newly quoted price of $4,000 for 82 people amounts to a daily cost of only $48.78 per person with an average cost per meal being roughly $16.26. This new rate is approximately 46.5% lower than the price that was previously deemed acceptable. In comparison, on to the official U.S. Department of State per diem rate for Port-au-Prince Haiti, which is $98 per day for Meals & Incidental Expenses (M&IE). The most direct comparison shows that the commercial quote is half of what the U.S. government has determined to be a reasonable daily cost for an individual's meals and incidentals in Haiti. This immediately signals that the quoted price is well within a fair market range. Lastly, in comparison to the local market, an internet search was conducted which captures on-the-ground food sales of what consumers are actually paying for prepared meals. While data might not be official, it reflects real-world market conditions. The available data consistently shows that even a single meal at an inexpensive local restaurant cost between $12 and $15. A more substantial meal at a mid-range restaurant can easily exceed $20-$25. The quoted price for the catering service, which comes to approximately $16.26 per meal, falls

J&A No. MCIEAST 2601 within this range. The quoted price provided by the vendor offering to provide three secure and complete meals for $48.78 per person. Therefore, the quoted price is not just fair, it is highly competitive and cost effective.

8. Actions to Remove Barriers to Future Competition.

As this is a follow-on for services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70) (i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(S-70) (ii). Furthermore, for the reasons set forth in Paragraph 5, there are no plans at this time to compete future contracts for food services covered by this document. If another potential vendor(s) emerges, those vendors will assess whether competition for future requirements is feasible based on the current circumstances regarding the safekeeping of Marines and future contractors.

J&A No. MCIEAST 2601

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

Gavin L. Jokerst 573-513-7162 20251215

GySgt Jackson, Halmia 757-445-4282 20251217

J&A No. MCIEAST 2601

Distribution List for DL ONLY Limited Dissemination Control

· MCFCS Personnel

· LB Personnel

· Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business

Representatives)

· Any other individual designated by the KO

J&A No. MCIEAST 2601