HDEC02-12-D-0003-JA-HDEC02-19-26.pdf

Control Number: HDEC02-19-26

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 HDEC02-12-D-0003 with Military Deli & Bakery Services, Inc. This modification extends the period of performance twelvemonths

(12) from July 1, 2019 through June 30, 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 provides labor, management, and assorted products to 10 commissary locations within DeCA’s West Area. The twelve (12) month modification increases the estimated contract values by $984,416.82 for a new total contract amount of $9,044,598.12 and extends the contract performance period until June 30, 2020.

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

5. Reason for Authority Cited: Contract HDEC02-12-D-0003 would have expired on June 30, 2019. In the absence of a contract extension, commissaries covered under this contract would have been without assorted deli/bakery products and the service members serviced by these commissaries would have been denied their full commissary benefit provided to them by statute 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.

The Agency incurred delays in the reacquisition process due to an internal Agency decision to make changes to the Deli/Bakery requirements in the Performance Work Statement (PWS). As a result of the Agency’s decision to revise the PWS, an Integrated Product Team (IPT) was established December 2018 to review and revise the current business model of the Deli/Bakery PWS. The IPT provided the finalized PWS to the Contracting Office August 2019. The anticipated solicitation release date is November 21, 2019.

The additional twelve (12) months are needed to allow sufficient time to issue the solicitation, conduct agency level reviews, complete technical evaluations of all the offers received, conduct agency level contract reviews and approvals, brief senior management and allow for a contract awardee startup period. The startup period allows the awardee to transition into its automated systems and to ensure the systems are functioning properly.

Military Deli & Bakery Service, Inc., had been performing this contract successfully providing products that conform to the contractual requirements terms and conditions. They had systems in place to continue uninterrupted service. Additionally, Military Deli & Bakery Service, Inc., was the only known source available that had 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 was capable of providing the required services during the proposed extended period without causing unacceptable delays, disruption in service, and unrecoverable duplication of costs. This Justification & Approval (J&A) will be made available for public inspection on the Government’s gateway, FedBizOpps, after the completion of the contract modification to extend contract performance with the incumbent contractor.

A sources sought notification was not issued for this requirement due to the short time-frame of the extension and the anticipated changes in the requirement under review by the Sales Directorate, Category Manager. The solicitation package is in the process of being prepared for internal review. Support of this effort requires a contractor to provide In-store Specialty Delicatessen and Bakery Resale Operations, to include Sushi, so that the demands of the commissaries can be met on a weekly basis. This would involve a significant investment and commitment from a new Contractor for only 12 months, to include a minimum startup of 30 days.

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 twelve (12) month extension is fair and reasonable based on the pricing surveys which monitor the percentage of patron savings on all core items over the selling price of the same or similar items from comparable supermarket within a 10-mile radius of the commissary location. The incumbent contractor has agreed to meet the negotiated reduction in percentage of patron savings on core items as required under the proposed contract modification for a 12 month extension. In accordance with FAR 15.404-1(b) (2), prices were determined fair and reasonable.

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

9. Actions to Increase/Foster Competition: The follow-on acquisition will be solicited on a full and open competition basis.

10. Other Factors – Not Applicable.

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 Manager

Digitally signed by

CLARY.DARRELL.JEROME.120 EROME.120538847 5388474

Signature: 4

Date: 2019.11.08 15:03:07 -05'00' Date: 11/8/19

CLARY.DARRELL.J

Fair and Reasonable Cost Determination and Contracting Officer Certification:

I hereby determine that the estimated cost for this contract action is 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 Contracting Officer

ROBINSON.TRIST Digitally signed by ROBINSON.TRISTA.P.1249765208

Signature: A.P.1249765208 Date: 2019.11.07 15:46:45 -05'00' Date: 07 Nov 2019

APPROVAL

Based on the above mentioned justification, I hereby approve the twelve (12) month extension from July 1, 2019 to June 30, 2020, for the continuation of services of In-store Specialty Delicatessen and Bakery Resale Operations for 10 commissary locations within the DeCA West Area, 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 property herein described have otherwise been authorized for acquisition.

APPROVED:

Signature: Date:

Floyd Kirkland Competition Advocate

KIRKLAND.FLOYD

.L.JR.1067833224

Digitally signed by

KIRKLAND.FLOYD.L.JR.1067833

Date: 2019.11.25 15:22:47 -05'00' 11/25/19