Fort Myer HEC0816C0006 JA.pdf

Control Number: HDEC08-21-34

JUSTIFICATION REVIEW DOCUMENT

Description of Acquisition: Six-Month Justification and Approval (J&A) for Shelf Stocking, Receiving/Storage/Holding Area (RSHA), and Custodial Operations at the Fort Myer Commissary, located in/near Arlington, Virginia, Contract HDEC0816C0006.

Statutory Authority: 10 U.S.C. 2304 (c)(2); FAR 6.302-2, Unusual and Compelling Urgency

Justification and Approval Amount: $1,012,161.64 Current Contract Amount (including 52.217-8): $7,451,474.92 J&A amount (6 mo. - Aug 1 to Jan 31, 2022) $1,012,161.64 New Total Amount: $8,463,636.56 Performance Period: August 1, 2021 thru January 31, 2022

Prepared by: Name: Marianna Brown Title: Contract Specialist Telephone No. 804-734-8000, x48091 Date: 05/20/2021

Technical/ Name: James R. Taylor Title: Chief, Store Operations Requirements: Telephone No. 804-734-8000, x48865 Date: ________

PCO: Tameka D. Taylor Title: Contracting Officer Telephone No.: 804-734-8000, x48707 Date: 06/02/2021

Required Signatures Are Required Below:

REVIEWS: We have reviewed this J&A and find the justification adequate to support other than full and open competition.

Program Manager: N/A

Division Chief: Ginna L. Thomas Phone: 804-734-8000, x48546

Signature: _____________________________________ Date: ___________

Legal Counsel: Michael Sandberg Phone: 804-734-8000, x48032

Signature: _____________________________________ Date: ___________

DeCA Competition Advocate: Ernie Favale Phone: 804-734-8000, x48548

Signature: _____________________________________ Date: 6/23/21

THOMAS.GINN

A.L.1229687553

Digitally signed by

THOMAS.GINNA.L.1229687553

Date: 2021.06.14 07:25:17 -04'00'

SANDBERG.MICHA

EL.ROY.140882295

Digitally signed by

SANDBERG.MICHAEL.ROY.140

8822951 Date: 2021.06.15 15:28:51 -04'00'

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Office – Defense Commissary Agency (DeCA), Store Services Support Division (CCQT), 1300 E Avenue, Fort Lee, Virginia

2. Type of Contract Action – Six-month J&A for Contract HDEC0816C0006; Firm Fixed Price (FFP) Contract; Defense Working Capital Funds (DWCF). The period of performance will be August 1, 2021 through January 31, 2022.

3. Description of Supplies/Services – Acquisition is for Shelf Stocking, Receiving/Storage/Holding Area (RSHA), and Custodial Operations by LaMain Crescent Joint Venture LLC at the Fort Myer Commissary, located in/near Arlington, Virginia. The period of performance is six (6) months for approximately $1,012,161.64. The contractor shall furnish all personnel, supervision, supplies, equipment, tools, materials, and other items and services as necessary to perform the above commissary services.

4. Authority Cited – 10 U.S.C. §2304 (c)(2); FAR 6.302.2 – Unusual and Compelling Urgency.

5. Reason for Authority cited: Contract HDEC0816C0006 expires on July 31, 2021.

Disruption of Shelf Stocking, RSHA, and Custodial Operations will potentially result in a shutdown of the commissary. The service member will be denied their commissary benefit provided to them by statute under 10 USC §2481 and 10 USC §2484. The commissary benefit is a cornerstone of the military quality of life and it is essential that DeCA provides a fully operational commissary. Loss of these products would negatively impact DeCA’s mission to provide for military and civilian members and their families.

A new solicitation was issued on 26 August 2020 as a competitive 100% set-aside for Service Disabled Veteran-Owned Small Business concerns. There were two amendments executed on 23 and 25 September to allow questions and responses. The final amendment extended the solicitation’s closing date for proposals to 8 October 2020. The technical evaluation was conducted 2-5 March 2021.

The delayed response to the solicitation was solely driven by the departure of several employees.

These departures created a significant effect on workload and meeting suspenses. Additionally, a new initiative was implemented to revise existing Performance Work Statements (PWS) to include Vendor Stocking. This increased workload coupled with fewer personnel is the reason for this request to extend the period of performance for this service. The J&A will allow the Store Services Support Division ample time to conduct and finalize discussions to determine the apparent successful commercial offeror, and issue five-day size challenge letters.

Due to time constraints and viability, the requested six-month contract extension is determined to be in the best interest of the Government, to allow for a continuation of services without disruption. LaMain Crescent Joint Venture LLC is already performing the services, knowledgeable of all requirements, and they can continue operations without delays or disruption. Issuing a new solicitation for this six-month period would present unacceptable delays in fulfilling the Government’s requirement for Shelf Stocking, RSHA, and Custodial Operations at the Fort Myer Commissary. The time and costs associated for the Government to re-compete a six-month effort would not be prudent and would not result in recouped costs over the life of a typical five-year contract. As such, an extension of services for an additional six-month period will allow the contracting activity sufficient time to finalize discussions, make a subsequent award determination, and eventual award to prevent break in service to our military families and veterans. Only the incumbent contractor can provide full, uninterrupted service to the Fort Myer Commissary, until the new award is in place, which will occur by February 1, 2022.

6. Efforts to Obtain Competition – A sources sought notification was not issued for this requirement due to the fact that no contractor would be capable to provide service for a six-month period. Any new contractor for the six-month period would require approximately 30 days for start-up purposes to successfully perform and maintain operations. A sufficient number of proposals were received and evaluated.

The Justification and Approval (J&A) will be available for public inspection after the completion of the contract modification in accordance with FAR 6.305.

7. Fair and Reasonable Cost Determination – The cost for the six-month extension will be at the current contract rates, which were determined fair and reasonable at the time of the release of a new Collective Bargaining Agreement (CBA) dated 16 Nov 2020, as modified on 08 Jan 2021, in accordance with FAR 15.404-1(a)(2) and are still determined fair and reasonable.

8. Market Research – Market research was conducted which revealed that several Service- Disabled Veteran-Owned (SDVO) small businesses were interested in a four-year effort.

9. Other Factors – A new Contracting Officer has assumed this requirement and is reviewing the results of the technical evaluation of all (responsive) proposals submitted. Upon completion of Contracting Officer review, discussions may be necessary which may result in re-evaluation of revised proposals.

10. Interested Sources – The Government has not received any inquiries from any interested sources for the six-month extension.

11. Action to Increase/Foster Competition – The new award will be a 100% SDVO set-aside, award will be made to the successful commercial offeror in accordance with the provisions of the solicitation, and the Government expects sufficient competition on future procurements.

Technical/Requirements Certification – “I certify that the supporting data under my cognizance included in this justification is accurate and complete to the best of my knowledge and belief.”

Name: James R. Taylor Title: Chief, Store Operations

Signature: ________________________________ Date: _____________________

TAYLOR.JAMES

.R.1185930994

Digitally signed by

TAYLOR.JAMES.R.1185930994

Date: 2021.06.14 06:17:31 -04'00'

Fair and Reasonable Cost Determination and Contracting Officer Certification "I hereby determine that the anticipated cost for this contract action will be fair and reasonable. I certify that this J&A is accurate and complete to the best of my knowledge and belief."

Name: Tameka D. Taylor Title: Contracting Officer

Signature: ________________________________ Date:_____________________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the six-month extension of the Fort Myer Commissary commercial services contract on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(2), provided funds are available, or will be available, and provided that the services and property herein described have otherwise been authorized for acquisition.

APPROVED:

______________________________Date: 6/23/21 Ernie Favale Competition Advocate

TAYLOR.TAMEK

A.D.1060783043

Digitally signed by

TAYLOR.TAMEKA.D.106078304

Date: 2021.06.16 05:29:24 -04'00'