CUI_Stewart JA 2025_6_Redacted.pdf

Control No: MICC 2025-6

5. Reason for Authority Cited: As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. Furthermore, as described at FAR 6.302-1(a)(2)(iii)(B), in the case of a follow-on contract for highly specialized services, such services may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures when it is likely that award to a source other than the original source would result in unacceptable delays in fulfilling the agency’s needs.

a. The Army requires continuous dining facility attendant (DFA) services at Fort

Stewart and HAAF, GA with ISC. The existing contract with ISC needs to be extended because the process for awarding the follow-on contact is still ongoing. Entering into a contract with another vendor other than ISC would result in an unacceptable delay of at least 30 days in fulfilling the Army’s requirement and result in a break-in-service. The delay in awarding the follow-on requirement is due to the removal of two Dining Facilities (DFACs) during the solicitation phase, a change in procurement strategy to accommodate a new Army program intended to enhance the dining experience for Soldiers and to resolve an issue regarding the applicability of the Randolph-Sheppard Act to the follow-on procurement. The Army’s MICC Field Directorate Office – Fort Sam Houston and the Department of Education, Chief- Service Programs Unit at the Rehabilitation Services Administration did not reach an agreement until late August 2024 that the priority had to be included in the solicitation. The requirement also had to be further updated as the number of DFACs required at Fort Stewart-Hunter AAF decreased. All the workload data and attachments had to be revised, and the competitive solicitation was not issued until 19 September 2024.

A competitive procurement is currently in process. The Army is estimating award to be on or around 30 January 2025. Any disruption to the current contract would severely impact training operations beginning on or after 30 November 2024.

b. Alternatives: Award an extension of services beyond the period of performance of the current contract with International Service Contractors, to meet the Army’s on-going DFA service requirements and provide time for the follow-on contract to be competitively solicited and awarded. The Procurement Administrative Lead Time (PALT) for a DFA action with this estimated dollar threshold generally requires at least 220 days from issuance of solicitation. If awarded to a new contractor, the new contractor will have to ramp up staffing and be familiar with DFA operations at Fort Stewart and HAAF which would require an additional 30-day phase-in period to conduct phase-in activities. The incumbent contractor is performing DFA services consistent with the requirement and already possesses the personnel, equipment, and capital necessary to continue providing these services over the abbreviated period of performance without incurring start-up costs or additional costs to maintain this

10. Other Facts:

a. Procurement History:

Contract: W9124M-24-C-0003 Contractor: International Service Contractors LLC Award Date: 30 November 2023 Competitive Status: Sole-Source

Contract: W9124M-18-D-0006 Contractor: International Service Contractors LLC Award Date: 2 May 2018 Competitive Status: Full and open after exclusion of sources, service-disabled veteran-owned small business set-aside.

Contract: W9124M-15-D-0002 Contractor: RC Tech, Inc.

Award Date: 16 March 2015 Competitive Status: Full and open after exclusion of sources, service-disabled veteran-owned small business set-aside.

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.

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.

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. Fair and reasonable cost will be established by using the IGE and previous contract pricing.

As part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403): A commercial item is being acquired.

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

Approval

Based on the foregoing justification, I hereby approve the procurement of Dining Facility Attendant Services on an other than full and open competition basis pursuant to the authority of Title 10 United States Code Section 3204(a)(1) as implemented by Federal Acquisition Regulation 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements. The estimated value of the contract modification is $1.41 million for a four-month period of performance from 1 December 2024 through 31 March 2025. The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command JBSA Fort Sam Houston, TX