HDEC02-13-D-0008 -JA -HDEC02-19-09 Amendment 0001.pdf

Control Number: HDEC02-19-0

JUSTIFICATION REVIEW DOCUMENT

Description of Acquisition: Modification P00013 to extend the contract performance period for HDEC02-13-D-0008 with Carytown Seafood, Inc. to provide uninterrupted delivery of assorted seafood products to 10 commissary locations assigned to the Defense Commissary Agency East Area.

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

Performance Period: July 1, 2020 – August 31, 2020 – P00013

J&A Amount:

Prepared by: Christopher Goodwin Contract Specialist Telephone (804) 734-8000, 48152 Date/Initials: _________

PCO: LeAnna F. Stith Contracting Officer Telephone (804) 734-8000, 86414 Date/Initials: __________

Technical/: Darrell Clary Category Manager Requirements Telephone (804) 734-8000, 48866 Date/Initials: __________

Required Review Signatures:

Reviews: We have reviewed the J&A and find that justification is adequate to support unusual and compelling urgency.

Category Manager: Darrell Clary Telephone: (804) 734-8000, 48866

Signature: ____________________________________ Date: ________________________

Legal Counsel: Daniel O’Connor Telephone: (804) 734-8000, 86189

Signature: ____________________________________ Date: ________________________

Branch Chief: Rhonda V. McDougal Telephone: (804) 734-8000, 48893

Signature: ____________________________________

Competition Advocate: Floyd Kirkland

Date:

Telephone: (804) 734-8000, 86223

Signature: ____________________________________ Date: ________________________

STITH.LEANNA.

F.1388173889

Digitally signed by

STITH.LEANNA.F.1388173889

Date: 2020.06.03 16:42:39 -04'00'

GOODWIN.CHRIST

OPHER.ROBERT.114

1467065

Digitally signed by

GOODWIN.CHRISTOPHER.ROBERT.1

141467065 Date: 2020.06.04 10:34:19 -04'00'

6/4/2020/____

Jun 4, 2020

CLARY.DARRELL.JERO

ME.1205388474

Digitally signed by

CLARY.DARRELL.JEROME.1205388474

Date: 2020.06.04 14:46:36 -04'00'

MCDOUGAL.RHONDA.V.1229535605 Digitally signed by MCDOUGAL.RHONDA.V.1229535605 Date: 2020.06.05 08:18:54 -04'00'

O'CONNOR.DANIEL.PA

TRICK.1408820797

Digitally signed by

O'CONNOR.DANIEL.PATRICK.1408820797

Date: 2020.06.10 15:07:13 -04'00'

KIRKLAND.FLOYD.L.JR

.1067833224

Digitally signed by

KIRKLAND.FLOYD.L.JR.1067833224

Date: 2020.06.22 11:17:32 -04'00'

Control Number:

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Office: Defense Commissary Agency (DeCA), Resale Contracting Branch, Resale Services Support Team (CCQRR), 1300 E Avenue, Fort Lee, Virginia 23801-1800.

2. Type of Contract Action: Modification of contract HDEC02-13-D-0008 with Carytown Seafood, Inc. The modification effectually extends the period of performance two months from July 1, 2020 through August 31, 2020. 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 labor, management and assorted seafood products to 10 commissary locations in Maryland, District of Columbia (DC) and Virginia. The two month modification increases the estimated contract value by $159,145.98 for a new total contract amount of $7,655,416.50 and extends the contract performance period through August 31, 2020.

4. Authority Cited: 10 U.S.C. §2304(c)(2)/FAR 6.302-2, Unusual and Compelling Urgency.

5. Reason for Authority Cited: Contract HDEC02-13-D-0008 will expire on June 30, 2020 and a two month extension through August 31, 2020 will be executed. Only the incumbent contractor can provide full uninterrupted service to the commissaries until the new award is in place. The Agency incurred unexpected delays in the reacquisition process. The projected contract award date is June 30, 2020. Performance includes a 60 day phase-in period and the projected full performance start date is September 1, 2020.

In the absence of a contract extension, commissaries covered under this contract will be without assorted seafood products and the service members serviced by these commissaries will be denied their full commissary benefit provided to them by statute under 10 U.S.C. §2481 and 10 U.S.C. §2484. As demonstrated by 10 U.S.C. §2484(b), when Congress listed 10 “Authorized Commissary Merchandise Categories”, seafood was in the first category and seafood is thus a chief mission requirement for each respective store. 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.

Carytown Seafood Inc. has been performing this contract to date; although there have been performance issues noted in a percentage of the stores under this requirement, their continued performance is necessary until a new contract can be awarded. They have systems in place to continue uninterrupted service. Additionally, Carytown Seafood, Inc. is the only known source available that has the necessary infrastructure established to provide uninterrupted service in accordance with federal, state and agency requirements to the DeCA commissaries given the time constraints involved for this extension period.

6. Efforts to Obtain Competition: No contractor, other than the incumbent, is capable of providing the required services during the proposed extended period without causing unacceptable delays, disruption in service and unrecoverable duplication of costs. The Justification & Approval (J&A) 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 and DFARS 206.305.

A sources sought notification was not issued for this two month extension due to the determination that a contractor would not be capable of, nor likely willing to, provide service for a short term period. Support of this effort requires the contractor to provide a full service seafood market operation so that the demands of the commissaries can be met on a weekly basis.

Any new contractor would require approximately 60 days to order and stage these requirements which is based on historical data from similar contracts done previously.

7. Fair and Reasonable Cost Determination and Contracting Officer Certification: The Contracting Officer has determined that the anticipated cost to the Government for the contract modification for the two month extension will be fair and reasonable based on historical data according to FAR 15.404-1(b)(2)(ii). The incumbent contractor has demonstrated the ability to meet the minimum percentage of patron savings on all core items over the selling price from comparable commercial supermarkets within a 10 mile radius of the commissary locations. The incumbent contractor has agreed to continue meeting the minimum percentage of patron savings required under the proposed contract performance extension.

8. Market Research and Interested Sources: No new market research or interested sources were sought for this specific short-term extension because award of the new contract is in the works. It is not anticipated there would be other sources interested in this two month extension.

DeCA awards its contract base periods for 24 months because historical analysis shows that there is a considerable outlay of finances for contractors to stand-up an instore seafood market operation with no guarantee of sales. Awarding contract base periods for 24 months allows the Government the opportunity to negotiate better pricing, as the contractor is reasonably assured of delivery of services for an extended period of time. The Contracting Officer previously determined that sources from the previous acquisition history, Google searches, the Small Business Administration Dynamic Search Database and FPDS-NG would be used to support and document market research for the follow-on requirement. A sources sought notification was published on the FedBizOpps website on February 22, 2018, the pre-solicitation notice was published on the FedBizOpps website on January 31, 2019, and the solicitation was posted on March 21, 2019, identifying the government’s assorted seafood products requirement for the 10 commissaries within the East Area covered under the subject contract.

9. Actions to Increase/Foster Competition: As mentioned above, this extension is executed to allow time to complete the award of the contract for the 10 store locations. The solicitation was posted and competed as a small business set-aside.

10. Other Factors – Approval was granted to exceed one year by seven months (combined duration of P00012 and P00013) under the authority of FAR 6.302-2(d).

11. Commissary locations covered under contract HDEC02-13-D-0008:

1. ANDREWS AFB

2. BOLLING AFB

3. FORT BELVOIR

4. FORT EUSTIS

5. FORT LEE

6. FORT MEADE

7. LANGLEY AFB

8. LITTLE CREEK

9. NORFOLK NS

10. QUANTICO MCB

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: Darrell Clary Category Manger

Signature: _____________________ Date: _______________

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: LeAnna F. Stith Contracting Officer

Signature: ______________________ Date: ________________

APPROVAL

Based on the above mentioned justification, I hereby approve the proposed two month extension which effectually extends performance for the period from July 1, 2020 through August 31, 2020, for the continuation of services of seafood market operations to 10 commissary locations in Maryland, Virginia and District of Columbia (DC), on an unusual and compelling urgency 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 products herein described have otherwise been authorized for acquisition.

APPROVED:

Signature: ______________________ Date: _________________

Floyd Kirkland Competition Advocate

STITH.LEANNA.F.1388173889 Digitally signed by STITH.LEANNA.F.1388173889 Date: 2020.06.03 16:45:51 -04'00'

CLARY.DARRELL.JE

ROME.1205388474

Digitally signed by

CLARY.DARRELL.JEROME.120538

Date: 2020.06.04 14:49:10 -04'00'

KIRKLAND.FLOYD

.L.JR.1067833224

Digitally signed by

KIRKLAND.FLOYD.L.JR.1067833224

Date: 2020.06.22 11:18:24 -04'00'