HDEC02-12-22-Amend_0005_-__FFV_-_DiTomaso.pdf

Control No. HDEC02-12-22

AMENDMENT 0005

JUSTIFICATION REVIEW DOCUMENT

Description of Acquisition: Modification to extend the period of performance for contract HDEC02-06-D-0016, with DiTomaso, to provide uninterrupted fresh fruits and vegetables to five (5) Alaska store locations in the West Area of the Defense Commissary Agency.

Statutory Authority: 10 U.S.C. §2304(c)(1) Original Amount: $9,837,012.00 J & A Amount: $289,324.00

New Total Amount: $10,126,336.00

Performance Period: December 1, 2014 to December 31, 2014

Prepared by: Teresa Roberts Contract Specialist Telephone: (804) 734-8000, ext 4-8903 Date/Initials: ____________

Technical/ Bridget A. Bennett CMS/Produce Program Manager Requirements: Telephone: (804) 734-8000, ext 4-8200 Date/Initials: ____________

PCO: Trista P. Robinson Contracting Officer Telephone: (804) 734-8000, ext 4-8892 Date/Initials: ____________

Signatures are required below:

Director of Sales: Tracie L. Russ Telephone: (804) 734-8000, 4-8855

Signature: ______________________________ Date: _______________________

Deputy General Counsel: Telephone: (804) 734-8000, 4-8116 Ralph J. Tremaglio III

Signature: ______________________________ Date: _______________________

Deputy Director of Acquisition Management:

Richard A. Deiter Telephone (804) 734-8000, 4-8932

Signature: _______________________________Date: _______________________

DeCA Competition Advocate:

Ernie A. Favale Telephone: (804) 734-8000, 4-8548

Signature: _______________________________ Date: _____________________

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Office: Defense Commissary Agency (DeCA), Resale Contracting Directorate (LEAR), Fort Lee, Virginia, 23803-1800.

2. Type of Contract Action: Modification of contract HDEC02-06-D-0016 with

DiTomaso. The proposed modification will extend the period of performance one (1) month from December 1, 2014 to December 31, 2014. The contract type is a requirements type. The Resale Stock Fund Activity, Defense-Wide working Capital Fund, provides funding.

3. Description of Supplies/Services: This action will provide uninterrupted fresh fruits and vegetables for resale to five (5) Alaska store locations within the West Area of the Defense Commissary Agency. The proposed one (1) month modification would increase the estimated contract value by $289,324 for a new total estimated contract amount of $10,126,336 and extend the contract performance period through December 31, 2014.

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. In addition, FAR 6.302-1(c) Brand Name due to package salads being added to this requirement.

5. Reason for Authority Cited:

Contract HDEC02-06-D-0016 expires on November 30, 2014. Only the incumbent contractor can provide full, uninterrupted service to the commissaries until the new award is in place. The Agency incurred significant delays in completing the follow-on acquisition due to the completion of other priority solicitations. The additional one month is needed to allow sufficient time for completion of Agency level contract reviews, to conduct senior management briefings/approvals, and to allow for a startup period for the contract awardee. The projected award date is December 18, 2014 with a performance start date of January 1, 2015.

In the absence of a contract extension, commissaries covered under this contract will be without fresh fruits and vegetables and the service members serviced by these commissaries will be denied their full commissary benefit provided to them by statue under 10 USC §2481 and 10 USC §2484. The commissary benefit is the 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 the military and their families, especially during the upcoming holiday season.

DiTomasos has been performing this contract successfully providing products that conform to the contractual requirements and terms and conditions. They have the systems in place to continue uninterrupted service. DiTomasos 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: This amended justification will be made available for public inspection, after the completion of the contract modification, in accordance with FAR 6.305. A pre-solicitation notice was published on the FedBizOpps identifying the government’s intent to procure fresh fruits and vegetable products for five (5) West area commissaries covered under the subject contract.

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

See original J & A document.

8. Market Research: Market research did not reveal any contractors having the ability to facilitate the successful and expeditious execution of the products and services required via this modification. Due to the complex nature of the procurement it is unreasonable to expect that anyone other than the incumbent will be able to effectively start-up and perform the requirements in a timely manner due to the anticipated delay in notice of a new award.

9. Other Factors: Not applicable.

10. Interested Sources: See original J & A document.

11. Action to Increase/Foster Competition: Not applicable.

12. Commissary location covered under contract HDEC02-06-D-0016:

1. Eielson AFB

2. Anchorage

3. Ft. Greely

4. Ft. Wainwright

5. Kodiak

Technical/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: Bridget A. Bennett Signature: ___________________ CMS/ Produce 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: Trista P. Robinson Signature: ____________________ Contracting Officer Date: _________________

APPROVAL

Based on the above mentioned justification, I hereby approve the one (1) month extension from December 1, 2014 until December 30, 2014, for the continuation of fresh fruits and vegetable deliveries for five (5) Alaska store locations covered under contract HDEC02-06-D-0016. 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: ___________________

Ernie A. Favale Competition Advocate

Date_7: 11/25/14