J A_Amend_0002_-_08-D-0005_-_Pork_JA.pdf

Control No. HDEC02-13-36 Amendment 0002

JUSTIFICATION REVIEW DOCUMENT

Description of Acquisition: Modification to extend contract HDEC02-08-D-0005, with Tyson Fresh Meats Inc, to provide uninterrupted pork products to the meat departments for 171 commissary store locations in the East, Central and West Areas of the Defense Commissary Agency.

Statutory Authority: 10 U.S.C. §2304(c)(1) Original Amount: $530,256,276 J & A Amount: $ 13,488,112

New Total Amount: $543,744,388

Performance Period: May 3, 2015 to June 30, 2015

Prepared by: Irma Weaver Contract Specialist Telephone: (804) 734-8000, ext 8-6120 Date/Initials: ______________

Technical/ Norm Apt CMS/Program Manager Requirement: Telephone: (804) 734-8000, ext 4-8216 Date/Initials: ______________

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

Signatures are required below:

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

Signature: ______________________________ Date: _______________________

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

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: _______________________ robinstp Typewritten Text For

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 HDEC02-08-D-0005 with Tyson

Fresh Meats Inc. The proposed modification will extend the period of performance for two (2) months from May 3, 2015 to June 30, 2015. 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 pork products to the meat departments in 171 CONUS store locations within the East, West and Central Areas of the Defense Commissary Agency. The proposed two (2) month modification would increase the estimated contract value by $13,488,112 for a new total estimated contract amount of $543,744,388 and extend the contract performance until June 30, 2015.

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 or services will satisfy agency requirements.

5. Reason for Authority Cited:

Contract Number HDEC02-08-D-0005 will expire on May 2, 2015. 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 (1) month is needed to allow Agency level contract reviews, to conduct senior management briefings/approvals, and allow for a startup period for the contract awardee(s). The startup period allows for the awardee to transition into the stores and for the Agency to input the appropriate pricing and product information into its automated systems and to ensure the systems are functioning properly. The projected award date is June 5, 2015 with a performance start date of July 1, 2015.

In the absence of a contract extension, the availability of pork 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.

Tyson Fresh Meats has been performing against this contract successfully for over seven years, providing products that conform to the contractual requirements, terms and conditions. Tyson is the only source available that has the necessary infrastructure established to provide uninterrupted service in accordance with federal, state and agency requirements to DeCA commissaries for this extension period.

6. Efforts to Obtain Competition: A pre-solicitation notice was published to FedBizOpps to identify the government’s intention to procure a program buy for fresh pork products for the 171 commissaries covered under the subject contract. Solicitation HDEC02-13- R-0004 was released on January 21, 2014 on a full and open competitive basis, which resulted in the receipt of multiple proposals. This justification will be made available for public inspection, after the completion of the contract modification, in accordance with

FAR 6.305.

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

No change from original J & A

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: No change from original J & A.

11. Action to Increase/Foster Competition: No change from original J & A.

12. Commissary locations covered under contract HDEC02-08-D-0005: No change from original J & A.

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: Norm Apt Signature: ___________________________ CMS/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 two (2) month extension from May 3, 2015 until June 30, 2015, for the continued delivery of pork products to the 171 East, Central and West Area commissary store locations covered under contract HDEC02-08-D-0005.

The 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: ___________________

Joseph H. Jeu Senior Procurement Executive Director and Chief Executive Officer Defense Commissary Agency

Date_7: April 22, 2015