CYORK0002 - Justification and Approval - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3205

In compliance with Federal Acquisition Regulation (FAR) 13.501(a)(ii), this justification uses the format at FAR 6.303-2 and is modified to state that the procedures in FAR Subpart 13.5 are used.

1. Agency and Contracting Activity.

Department of Homeland Security, United States Coast Guard (USCG), Office of

Procurement and Contracting Commercial Support Services Branch (DOL-931) has prepared this justification for other than full and open competition.

2. Nature and/or Description of the Action being Approved.

a) Nature of the action: USCG intends to procure on a sole source basis Mess

Attendant Services at USCG TRACEN Yorktown

b) Name and address of the contractor: Blue Construction Services LLC, 633 York

Lane, SE., Leesburg, VA 20175

c) Type of action: Firm Fixed-Price Contract

d) Estimated total value (including options):

Period Unit Price Total

Base Period 6 mo. $ $

Option Period 1 3 mo. $ $

Total $

Mess Attendant Services at USCG TRACEN Yorktown were previously awarded under

Contract 70Z08422CYORK0001, due to expire 28 February 2027; however, DOL-931 intends to terminate the current contract no later than 28 September 2022.

e) Type of funding: Operations and Support funds

f) Year of funding: Fiscal Year 2022

g) Solicitation number: 70Z08422QAA551300

h) Background information about the requirement: Mess Attendant Services at

TRACEN Yorktown are currently performed under Contract

70Z08422CYORK0001, awarded to Blue Construction Services, LLC on 27 July

2022. Current contract was protested on 08 August 2022; and as a corrective action, will be terminated, with requirement to be re-solicited. This Purchase Order will continue services while Contract is re-solicited and awarded.

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 current contract (70Z08422CYORK0001) was awarded and protested. It was decided that the contract be terminated and, as a corrective action, be re-solicited.

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 will work as the Purchase Order is required to continue services while re-solicitation and negotiations are being conducted. This Purchase

Order will continue services for a period of performance of six (6) months during the base period with a three (3) month option period, should the Government need additional time to complete the re-procurement.

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 not 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.

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 http://www.sam.gov/ 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 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:

Ryan M. Suchy Date

Contracting Officer

APPROVAL:

Edward S. Frank Date

Command Procuring Activity Competition Advocate (CPACA)