FAR-Part6-JA-New Meals Requirement-Design Cuisine (19Mar21)-FINAL Signed.pdf

Control No: 21-011 Contractor: National Food Service, Inc. dba Design Cuisine

Program/Equipment: Meals

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JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Boxed Meal Supply for the District of Columbia Army/Air National Guard

Authority: 10 U.S.C 2304(C)(2) as implemented by FAR Par 6.302-2 - Unusual and Compelling Urgency

Amount: $1,872,400.00

Prepared by: MSgt Stacy Little DSN: 240-857-0076 Contract Specialist Date: 3/18/2021 Email: stacey.little.1@us.af.mil

Contracting Officer: Whitney L. Arkle DSN: 703-607-1661 Contracting Officer Date: 3/18/2021 Email: whitney.l.arkle.civ@mail.mil

Technical: SPC Crystal L. Buckmon DSN: 202-685-8844 State Food Program Manager Date: 3/18/2021 Email: crystal.l.buckmon.mil@mail.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Typed Name: 1LT Patrice Haney Commercial: 202-685-9722 Signature:

Legal Counsel:

Typed Name: Mr. Robert Goodin Commercial: (703) 607-0964 Signature:

mailto:crystal.l.buckmon.mil@mail.mil

Program/Equipment: Meals

Version – September 2018 FOR OFFICIAL USE ONLY

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: United States Property & Fiscal Office for the District of Columbia.

2. Description of Action: The District of Columbia National Guard (DCNG) requests a firm-fixed-price new contract with National Food Enterprises Inc. The Government intends to award the contract on 22 March 2021 and fiscal year 2021 Operations and Maintenance funds will be used.

3. Description of Supplies/Services: The contractor will provide meals for up to 600 personnel activated in response to the civil unrest following the events that took place at the U.S. Capitol on January 6, 2021. This includes three meals per person, per day / delivery of four meals each day (Breakfast, Lunch, Dinner, & Midnight meal) to the U.S.

Capitol campus. The contractor will provide a cold breakfast (i.e., hard-boiled egg, one bread of varieties that may include slice bread, bagel, English muffin, croissant) non-assembled, one fruit cup (assortment of fruit) and one shelf stable juice. Lunch, Dinner, and Midnight meals shall be hot and consist of a main course with meat, two sides, and a minimum of one canned beverage. Vegan and Vegetarian meals will be required as well as the ability to accommodate requested religious meals. The vendor will provide all plates, napkins, bowls, cups, cutting utensils, serving utensils, and condiments to compliment the meal being served. Packaging shall maintain the ability to withstand delivery without leakage.

Total Contract Price (22MAR21-23MAY21)* $1,872,400.00

*There are no option periods for this contract

4. Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

5. Reason for Authority Cited: As described at FAR 6.302-2, when the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

(a) On January 6, 2021, the National Guard was activated to respond to civil unrest in the District of Columbia. Therefore, National Guardsmen/women, from all over the country, were rapidly deployed to the National Capital Region (NCR). As a result, the DCNG was unexpectedly and urgently directed to provide meals to support these forces.

Contract number W912R121C0003 was awarded to Sardi’s for 6,200 meals to meet the initial demand.

(b) On January 16, 2020, a solicitation was published on beta.sam.gov for continued meal support for 25,000 personnel from January 22, 2021 through January 31, 2021. A

Program/Equipment: Meals

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Version – September 2018 FOR OFFICIAL USE ONLY contract, W912R121C0005, was awarded to YTI Catering, LLC with a base period from January 22, 2021 through January 25, 2021 and an option period from January 26, 2021 through January 31, 2021. During the course of performance under this contract, it was determined that the option for continued service was not in the best interest of the Government due to performance related issues.

(c) On January 22, 2021, the National Guard was notified that operations would endure through March 15, 2021. A contract was awarded to Sardi’s Catering on January 25, 2021 to sustain meal deliveries to the DC National Guard and Service Members activated at the U.S. Capitol, from January 26, 2021 - March 15, 2021.

(d) On March 10, 2021, The National Guard was notified of the continued need to remain activated within the NCR to support civil authorities and meals were required from March 16, 2021 through May 26, 2021. 2,280 personnel remain activated at the US Capitol through May 26, 2021.

(e) Contract number W912R121C0011 was awarded to Sardi’s Catering to continue providing meals to the 2,280 NG personnel that remain activated- Sardi’s Catering will sustain meal deliveries for these personnel from 16 March 2021 through 22 March 2021, which will allow time for the National Guard Bureau Contracting Office to establish a new contract for meal delivery services. It is anticipated that Sardi’s Catering will maintain deliveries to the DC Armory. A new contract will be establish with Design Cuisine to provide meal deliveries directly to the U.S. Capitol.

(f) Design Cuisine has been providing packaged/boxed meals to the U.S. Capitol Police, at the US Capitol, after heightened security measures were put in place following the events that took place on January 6, 2021. Design Cuisine is the only known vendor with the mandatory background checks that have allowed this vendor the ability to deliver meals within secure areas in and around the US Capitol. This is a significant advantage to ensure personnel receive hot meals, on time, without additional waiting time(s) for proper vetting.

(g) Design Cuisine maintains an active SAM registration and has proven past performance that can operate at this magnitude. National Food Enterprises, Inc. dba Design Cuisine, has proven through previous performance at the U.S. Capitol and other similar events, that they are able to consistently provide nutritious, well balanced, hot meals to personnel at the U.S. Capitol and around the NCR.

(f) In order to provide for the award and delivery of breakfast, lunch, dinner, and midnight meals to NG members activated at the U.S. Capitol no later than 0600 on March 23, 2021, sources must be limited to a list of known capable vendors based on historical performance and market research. Insufficient time is available to post publicly and obtain further competition. If the contract award were to be delayed, the NG would suffer from serious injury and would cause severe logistical challenges in getting Guardsmen and women fed in a non-centralized location and therefore disrupt the mission.

Additionally, if deliveries were delayed for any reason (i.e., delays in delivery due to heightened security), waste would result and Service Member sustainment will be seriously

Program/Equipment: Meals

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Version – September 2018 FOR OFFICIAL USE ONLY impacted. The National Guard is not equipped to deliver meals throughout the U.S.

Capitol as their primary mission is security.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

(a) Effective Competition: Requests for information were sent to catering companies in the area on March 10, 2021. Two companies, National Food Enterprises, Inc., Large Business and Sardi’s Catering, a Small Business, responded and were determined capable following guidelines published in Tri Service Food Code, TB Med 530. Both demonstrated successful past performance to provide safe, hot, and healthy meals at the required capacity/volume. Sardi’s Catering was awarded contract W912R121C0011 on a sole source basis on March 15, 2021.

(b) Subcontracting Competition: N/A

7. Actions to Increase Competition: The DCNG contracting office intends to establish Blanket Purchase Agreements (BPA) with several catering companies in the local area as the need for National Guard presence in and around the NCR has become more frequent.

8. Market Research: Market research included reviewing performance under previous acquisitions and searching Government systems for Responsible Caterer’s such as the Army Public Health Center (Worldwide Directory of Sanitarily Approved Food Establishments for Armed Services), SBA Dynamic Business Search, and beta.sam.gov.

Previous acquisitions included: W912R121C0003 and W912R121C0010, awarded to Sardi’s Catering.. Contract W912R121C0005 awarded to YTI Catering.

W912R121P0003 awarded to Metro Catering.

Design Cuisine is a large firm, and has proven successful past performance with delivered meals to the U.S. Capitol Police from February 2021 to present, have additional experience at this magnitude in and around the U.S. Capitol, and contain the necessary background checks for their employees in order to be able to deliver to secured areas within the US Capitol grounds.

9. Interested Sources: Design Cuisine expressed interest and provided capabilities to the National Guard Bureau, Operational Contracting Office.

10. Other Facts: Design Cuisine requires 72 hours notice prior to required performance to order, receive, and prepare meals.

Program/Equipment: Meals

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.

Typed Name: SPC Crystal Buckmon Date: 19 March 2021 Title: State Food Program Manager Signature:

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.

Typed Name: 1LT Patrice Haney Date: 19 March 2021 Title: Program Manager Signature:

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.

This determination will be made using the following: ☐ cost analysis ☒ price analysis ☐ should cost ☐ IGCE ☐ audit: ☐ other:

As a part of this basis, certified cost or pricing data:

☐ will be required.

☒ will not be required and the following exception applies (FAR 15.403):

☒ A commercial item is being acquired.

Typed Name: WHITNEY L. ARKLE Date: 19 March 2021 Title: Contracting Officer Signature:

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

Typed Name: WHITNEY L. ARKLE Date: 19 March 2021 Title: Contracting Officer Signature:

Program/Equipment: Meals

Approval

Based on the foregoing justification, I hereby approve the procurement of packaged meals for the estimated amount of $1,872,400.00 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(2), Unusual and Compelling Urgency, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

DAVID M. VANUCH Date: 19 March 2021 Command Advocate for Competition Signature: