HDEC08-21-38-HDEC0516D0001-JA.pdf

Control Number: HDEC04-21-38

JUSTIFICATION REVIEW DOCUMENT

Description of Acquisition: Six-Month Justification and Approval (J&A) for miscellaneous operational supplies & paper bags (MOSPB) for all locations in Clusters C, E, F, G, & H Contract HDEC0516D0001.

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

Current Contract Amount : Estimated - $ 24,810,254.72

Performance Period: September 1, 2021 – February 28, 2022

Prepared by: Name: Houston E. Baker Title: Contract Officer Telephone No. 804-734-8000, x86257 Date: 07/14/2021

Technical/ Name: James R. Taylor Title: Chief, Store Operations Requirements: Telephone No. 804-734-8000, x48865 Date: 07/16/2021

PCO: Name: Houston E. Baker Title: Contract Officer Telephone No. 804-734-8000, x86257 Date: 07/14/2021

Required Signatures Are Required Below:

REVIEWS: We have reviewed this J&A and find the justification adequate to support other than full and open competition.

Program Manager: N/A

Division Chief: Richard Broda Phone: 804-734-8000, x48882

Signature: _____________________________________ Date: ___________

Legal Counsel: Michael Sandberg Phone: 804-734-8000, x48032

Signature: _____________________________________ Date: ___________

DeCA Competition Advocate: Ernie Favale Phone: 804-734-8000, x48548

Signature: _____________________________________ Date: ___________

SANDBERG.MICHAEL.R

OY.1408822951

Digitally signed by

SANDBERG.MICHAEL.ROY.1408822951

Date: 2021.07.28 07:25:23 -04'00'

BRODA.RICHARD.ALAN.1080

731252

Digitally signed by

BRODA.RICHARD.ALAN.1080731252

Date: 2021.07.29 10:35:55 -04'00'

FAVALE.ERNIE.

A.1182175699

Digitally signed by

FAVALE.ERNIE.A.1182175699

Date: 2021.07.30 08:20:41 -04'00'

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Contracting Office – Defense Commissary Agency (DeCA), Supply and Equipment Division (CCQ ), 1300 E Avenue, Fort Lee, Virginia 23801.

Type of Contract Action – Six-month J&A for Contract HDEC0516D0001; Firm Fixed Price with Economic Price Adjustments (FFP-EPA) Contract; Defense Working Capital Funds (DWCF). The period of performance will be September 1, 2021 through February 28, 2022.

Description of Supplies/Services – Acquisition is for miscellaneous operational supplies & paper bags(MOSPB) to provide for uninterrupted operations for all store locations in Clusters C, E, F, G, and H for Contract HDEC0516D0001. The period of performance is six (6) months for approximately $2,000,000.00.

Authority Cited – 10 U.S.C. §2304 (c)(2) and FAR 6.302.2 – Unusual and Compelling Urgency.

Reason for Authority cited: Contract HDEC0516D0001 expires on August 31, 2021.

Disruption of Miscellaneous operational supplies and paper bags will severely reduce the ability to provide the benefit and/or potentially resulting in shutting down 70 commissaries. 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 and civilian members and their families.

An unrestricted solicitation was issued on July 7, 2021. The entire 12 month acquisition lifecycle prior to issuance of this solicitation was characterized by an incredibly high operational tempo driven by a Presidentially-declared state of national emergency in response to the COVID-19 epidemic. This period saw an exponential increase in daily actions in all areas of the agency, but Store Operations, the requiring activity in this instance, was particularly hard hit.

The Store Operations Directorate encountered dozens of unique issues of first impression arising out of the COVID-19 epidemic and the literally hundreds of daily changes and modifications to all aspects of Store Operations – installation access, increased store access, collection of patron personal information, proper procurement and wear of PPE, novel civil liberties issues resulting from wear of protective masks, safety and occupational health issues arising from increased public health measures, and the list goes on. All of these issues, completely beyond the control of the Store Operations Directorate, had a pronounced effect on the directorate’s ability to engage with contracting on this important procurement. In essence, Store Operations, indeed all DeCA directorates during this time, we were so deeply engaged in the short fight, that the long fight simply could not be addressed. It was all DeCA could do to continue to deliver the Commissary benefit to our valued patrons during a time of national emergency, fear, uncertainty, and the attendant run on food and water by our patrons for sustenance.

Thus, the Supply and Equipment Division experienced a six month delay in receiving a valid requirement package from Store Operations. Furthermore, the Agency may incur further delays due to potential significant number of questions of a technical/contractual nature submitted by interested sources. Additional time may be required in efforts to research and answer these questions of a technical/contractual nature during the solicitation phase of this acquisition. The J&A will allow the Supply and Equipment Division ample time to finalize discussions, get past any potential protest periods associated with the new award.

Due to time constraints and viability, the requested six-month contract extension is determined to be in the best interest of the Government, to allow for a continuation of support without disruption. Bunzl is already performing the services at a satisfactory level and is knowledgeable of all requirements, and they can continue operations without delays or disruption. Issuing a new solicitation for this six-month period would present unacceptable delays in fulfilling the Government’s requirement for MOSPB at 70 commissaries located in Clusters C, E, F, G and H.

The time and costs associated with the Government to re-compete a six-month effort would not be prudent and would not result in recouped costs over the life of a typical five-year contract. As such, an extension of services for an additional six-month period will allow the contracting activity sufficient time to finalize discussions, make a subsequent award determination, and eventual award to prevent a break in service to our military families and veterans. Only the incumbent contractor can provide full, uninterrupted service until the new award is in place.

6. Efforts to Obtain Competition – A sources sought notification was not issued for this requirement due to the fact that no contractor would be capable to provide service for a six -month period. Any new contractor for the six-month period would require approximately 30 days for start-up purposes to successfully perform and maintain operations. In addition, a new solicitation has been issued.

The Justification and Approval (J&A) will be available for public inspection after the completion of the contract modification in accordance with FAR 6.305.

7. Fair and Reasonable Cost Determination – A modification will be processed for 6 months.

A proposal was requested from the contractor for the 6 month J&A period of performance. In accordance with FAR Part 15, the following techniques will be used to determine fair and reasonableness: FAR 15.404-1 (b)(2)(v) comparison of proposed prices with independent Government cost and FAR 15.404-1 (b)(2)(vii) analysis of data other than certified cost or pricing data provided by the offeror.

8. Market Research – As indicated above, an award to any other source at this time would result in unacceptable delays in fulfilling the requirement and cause an interruption of support.

9. Other Factors – NA

10. Interested Sources – NA

11. Action to Increase/Foster Competition – The new solicitation was issued as Unrestricted;

the Government expects sufficient competition on future procurements.

Technical/Requirements Certification – “I certify that the supporting data under my cognizance included in this justification is accurate and complete to the best of my knowledge and belief.”

Name: James R. Taylor Title: Chief, Store Operations

Signature: ___________________________________________________________

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: Houston E. Baker Title: Contracting Officer

Signature: ___________________________________________________________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the six-month extension of the Fort Belvoir Commissary commercial services contract on another than full and open competition 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:

Ernie Favale Date Competition Advocate

BAKER.HOUSTON.EDWARD.1111030320 Digitally signed by BAKER.HOUSTON.EDWARD.1111030320 Date: 2021.07.28 07:29:01 -04'00'

TAYLOR.JAMES.R.1185930994 Digitally signed by TAYLOR.JAMES.R.1185930994 Date: 2021.07.28 13:33:13 -04'00'

FAVALE.ERNI

E.A.11821756

Digitally signed by

FAVALE.ERNIE.A.11821

75699 Date: 2021.07.30 08:21:08 -04'00'