HDEC02-14-24-Amend_0003-EggsEgg_Product_Co.pdf

Control No. HDEC02-14-24 Amendment 0003

JUSTIFICATION REVIEW DOCUMENT

Description of Acquisition: Modification P00011 to extend the period of performance for contract HDEC02-09-D-0003, with Egg Products Company, to provide uninterrupted egg products to the grocery departments for two (2) stores in the West Area of the Defense Commissary Agency.

Statutory Authority: 10 U.S.C. §2304(c)(1)/FAR 6.302-1(a)(2)

Performance Period: July 17, 2016 to December 10, 2016 J&A Original Amount: $ 65,455.00 Amendment 0001 Amount: $ 72,717.00 Amendment 0002 Amount: $ 42,751.00

Amendment 0003 Amount: $ 30,055.00 New J&A Total Amount: $ 210,978.00

Prepared by: Savicsa L. Robinson Contract Specialist Telephone: (804) 734-8000, ext. 8-6143 Date/Initials: ______________

Technical/ Steven Villeneuve Program Manager Requirement: Telephone: (804) 734-8000, ext 4-8495 Date/Initials: ______________

PCO: Kimberly A. Cooper Contracting Officer Telephone: (804) 734-8000, ext 4-8920 Date/Initials: ______________

Signatures are required below:

Program Manager: Steven Villeneuve Phone: (804) 734-8000, 4-8495

Signature: ______________________________ Date: _______________________

General Counsel: Helen J. White Phone: (804) 734-8000, 4-8324

Signature: ______________________________ Date: _______________________

Division Chief: Rhonda V. McDougal Phone: (804) 734-8000, 4-8893

Signature: _______________________________Date: _______________________

Competition Advocate: Floyd Kirkland Phone: (804) 734-8000, 8-6223

Signature: _______________________________ Date: _______________________

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Office: Defense Commissary Agency (DeCA), Resale Contracting Division, 1300 E.

Avenue, Fort Lee, Virginia 23801-1800.

2. Type of Contract Action: Modification of contract HDEC02-09-D-0003 with Egg Products Company. The proposed modification will extend the period of performance for five (5) months from July 17, 2016 to December 10, 2016. The contract type is a requirements contract. The Resale Stock Fund Activity, Defense-Wide Working Capital Fund, provides funding.

3. Description of Supplies/Services: This action will provide an uninterrupted supply of egg products to the grocery departments in the two (2) store locations within the West Area of the Defense Commissary Agency. The proposed five (5) month modification would increase the estimated contract value by $30,055.00 for a new total estimated contract amount of $371,651.00 and extend the contract performance until December 10, 2016. The estimated contract extension amount was derived from estimated quantities expected to be delivered to the two (2) commissary store locations between July 17, 2016 and December 10, 2016. ($6,011.00 per month x 5 months = $30,055.00).

4. Authority Cited: 10 U.S.C. §2304(c) (1), in accordance with FAR 6.302-1(a) (2) (ii), only one responsible source and no other supplies and services will satisfy Agency requirements.

5. Reason for Authority Cited:

Contract HDEC02-09-D-0003 expires on July 16, 2016. Only the incumbent contractor can provide full, uninterrupted service to the commissaries until the new award is in place.

The additional five (5) months is needed allow sufficient time to complete discussionsfor all offers within the competitive range, perform Agency level contract reviews, conduct senior management briefings/approvals and allow for a sixty-day start up period for contract awardee(s). The projected award date is October 6, 2016 with a performance start date of December 11, 2016.

In the absence of a contract extension, the availability of egg products will cease in the commissaries covered under this contract and 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 members and their families.

Egg Products Company has been performing this contract successfully for over seven years, providing product that conform to the contractual requirements and terms and conditions. They have the systems in place to continue uninterrupted service. Egg Products Company is the only source available that has the necessary infrastructure established to provide uninterrupted service in accordance with federal, state and agency requirements to the DeCA commissaries for this extension period.

6. Efforts to Obtain Competition: The follow-on solicitation was issued and posted to the FedBizOpps government website on May 6, 2016 and closed on June 8, 2016 to procure egg products for two (2) West Area commissaries covered under the subject contract. This amended justification will be made available for public inspection, after the completion of the contract modification to extend contract performance with the incumbent contractor, in accordance with FAR 6.305.

A sources sought notification was not issued for this requirement due to the fact no contractor would be capable to provide service for only a five month period. Support of this effort requires contractors to, stage inventory in egg production facilities so the demands of the commissaries can be met on a weekly basis and provide vendor stocking support for each commissary as required. Any new contractor would require a minimum of 60 days to order and stage these requirements. In order to ensure continuity of service, the requirement to post sources sought notice is waived by the Head of the Contract Activity as allowed by DFARS/PGI 206.302-1.

7. Fair and Reasonable Price Determination and Contracting Officer Certification:

The Contracting Officer has determined that the anticipated cost to the Government for the five (5) month contract extension will be fair and reasonable based on the fact that the contractor has agreed to maintain the current pricing determined fair and reasonable at the time of award.

8. Market Research and Interested Sources – The Contracting Officer has determined that sources from the previous acquisition history, Google searches, the Small Business Administration Dynamic Search Database, FPDS-NG was used to support and document market research for the follow-on requirement.

9. Action to Increase/Foster Competition: The follow-on acquisition has been solicited on a full and open competition basis.

10. Other Factors: Not applicable.

11. Locations covered under contract HDEC02-09-D-0003:

1. Hill

2. Dugway

Technical Certification:

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Name: Steven Villeneuve Signature: ___________________________ Program Manager Date: __________________

Requirements Certification:

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Name: Steven Villeneuve Signature: ___________________________ Program Manager Date: __________________

Fair and Reasonable Price Determination and Contracting Officer Certification:

I hereby determine that the prices for these contract actions are fair and reasonable. I certify that this J & A is accurate and complete to the best of my knowledge and belief.

Name: Kimberly A. Cooper Signature: ___________________________ Contracting Officer Date: __________________

APPROVAL

Based on the above mentioned justification, I hereby approve the five (5) month extension from July 17, 2016 until December 10, 2016, for the continued delivery of egg products for two (2) West Area store locations covered under contract HDEC02-09-D-0003. This J&A is approved on an other than full and open competition basis pursuant to the authority of 10 U.S.C. §2304(c)(1), provided funds are available, or will be available, and provided that the products herein described have otherwise been authorized for acquisition.

APPROVED:

Signature: ___________________________________ Date: ___________________

Floyd Kirkland Competition Advocate

Date_8: July 15, 2016