JA_Over_$100K_for_Camp_Lejeune_MCB_-_HDEC08-13-C-0021_-_HDEC08-19-10_....pdf

Control Number: HDEC08-19-10

JUSTIFICATION REVIEW DOCUMENT

Description of Acquisition: Six Month Justification and Approval (J&A) for Shelf Stocking, Receiving/Storage/Holding Area, Custodial, and Residual Grocery Operations at the Camp Lejeune MCB Commissary, located near Jacksonville, North Carolina, Contract HDEC08-13-C-

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

Justification and Approval Amount: $717,855.67

Performance Period: February 1, 2019 – July 31, 2019 *A modification will be executed for 2 month periods at a time.

Prepared by: Name: Marianna Brown Title: Contract Specialist Telephone No. 804-734-8000, x48091 Date: 1/24/2019

Technical/ Name: Ronald A. Yoder Title: Chief, Store Operations Requirements: Telephone No. 804-734-8000, x86277 Date: ________

PCO: Title: Contracting Officer Kathy L. Hawthorne Telephone No.: 804-734-8000, x48031 Date: 1/24/2019

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: Ginna L. Thomas Phone: 804-734-8000, x48546

Signature: _____________________________________ Date: ___1/31/2019_

Legal Counsel: Ralph J. Tremaglio Phone: 804-734-8000, x86189

Signature: _____________________________________ Date: ___________

DeCA Competition Advocate: Floyd L. Kirkland Phone: 804-734-8000, x86223

Signature: _____________________________________ Date: ___________

THOMAS.GINNA.L.1229687553 Digitally signed by THOMAS.GINNA.L.1229687553 Date: 2019.01.31 08:32:02 -05'00'

TREMAGLIO.RALPH.JOHN.II

I.1014492310

Digitally signed by

TREMAGLIO.RALPH.JOHN.III.1014492310

Date: 2019.01.31 08:51:24 -05'00'

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Office – Defense Commissary Agency (DeCA), Store Services Support (LEAS), 1300 E Avenue, Fort Lee, Virginia

2. Type of Contract Action – 6-Month J&A for Contract HDEC08-13-C-0021; a modification will be executed for 2 months at a time; Firm Fixed Price (FFP) Contract; Defense Working Capital Funds (DWCF).

3. Description of Supplies/Services – Acquisition is for Shelf Stocking, Receiving/Storage/ Holding Area (RSHA), Custodial, and Residual Grocery Services by CAM Services, Inc. at the Camp Lejeune MCB Commissary, located near Jacksonville, North Carolina. The period of performance is six (6) months for approximately $717,855.67. The contractor shall furnish all personnel, supervision, supplies, equipment, tools, materials, and other items and services as necessary to perform the above commissary services.

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

5. Reason for Authority cited: Contract HDEC08-13-C-0021 expires on January 31, 2019.

Disruption of Shelf Stocking, Receiving/Storage/ Holding Area (RSHA), Custodial, and Residual Grocery Services will potentially result in a shutdown of the commissary. 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.

A new solicitation was issued as a competitive 100% Service-Disabled Veteran-Owned (SDVO) small business set-aside. After solicitation issuance and the site visit, the Agency incurred delays due to a significant number of questions of a technical/contractual nature submitted by SDVO interested sources. Additional time was required in efforts to research and answer the numerous questions of a technical/contractual nature and post Amendment 0001 to the Federal Business Opportunities (FBO) website. In addition, during the re-compete phase, the contracting activity experienced high turnover, limited manpower, and backlog, thus, reviews and evaluations took longer than expected.

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 services without disruption. CAM Services, Inc. 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 Shelf Stocking, Receiving/Storage/Holding Area (RSHA), Custodial, and Residual Grocery Services at the Camp Lejeune MCB Commissary. 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 break in service to our military families and veterans. Only the incumbent contractor can provide full, uninterrupted service to the Camp Lejeune MCB Commissary 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 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 was issued as a competitive 100% SDVO small business set-aside. A sufficient number of proposals were received and evaluated, and due to the requirement for discussions, revised proposals will be received for re-evaluation.

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 – There was a release of a new wage determination dated December 26, 2018, which reflected increases in the minimum wage rates for the Store Worker I, Stock Clerk, Warehouse Specialist, and Forklift Operator. The Contractor was asked to submit a proposal that included these increases. A proposal was received and evaluated. The Shelf Stocking Operations, Receiving/Storage/Holding Area, and Residual Grocery line items increased in accordance in with the new wage determination. All other prices remained the same. The cost for the six month extension has been determined to be fair and reasonable in accordance with FAR 15.404-1(a)2.

8. Market Research – Market research was conducted which revealed that several Service- Disabled Veteran-Owned (SDVO) small businesses were interested in a five-year effort.

9. Other Factors – Since the last extension, there was a slight increase in the dollar value of the contract due to a release of a new wage determination dated December 26, 2018. Also, as a result of technical evaluation of all proposals submitted, it was determined that discussions were necessary, which results in re-evaluation of revised proposals for award determination that has taken longer than expected.

10. Interested Sources – The Government has not received any inquiries from any interested sources for the six month extension.

11. Action to Increase/Foster Competition – The new award will be a 100% SDVO set-aside and 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: Ronald A. Yoder Title: Chief, Store Operations

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: Kathy L. Hawthorne Title: Contracting Officer

Signature: ________________________________ Date:_____________________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the six-month extension of the Camp Lejeune MCB AFB Commissary commercial services contract on an other 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:

______________________________Date_______________ Floyd L Kirkland Competition Advocate

YODER.RONALD.A.116669

Digitally signed by

YODER.RONALD.A.1166697286

Date: 2019.01.31 09:36:11 -05'00'

HAWTHORNE.KATHY

.L.1229438537

Digitally signed by

HAWTHORNE.KATHY.L.1229438537

Date: 2019.01.31 12:45:22 -05'00'