1._JA_HDEC09-17-44_Amend_0001signed.pdf

Control No. HDEC09-17-44 Amend 0001

JUSTIFICATION REVIEW DOCUMENT

Description of Acquisition: Modification to extend the period of performance for contract HDEC09-12- D-0006, with D&F McCarthy LTD to provide uninterrupted supply of Fresh Fruits and Vegetables to Commissary stores in The United Kingdom.

Statutory Authority: 10 U.S.C. §2304 (c) (1)

Contract Number: HDEC09-12-D-0006

Original Amount: £ 10,250,000.00 - $ 16,015,625.00

1. J&A Amount: £ 1,573,500.00 - $ 1,966,875.00

2. J&A Amount £ 1,049,000.00 - $ 1,311,250.00

New Total Amount: £ 12,872,500.00 - $ 19,293,750.00

Actual Exchange Rate: $ 1.00 = BP 0.80

Extended Performance Period: July 02, 2018 through December 30, 2018

Prepared by: Ralf Dieter Dollwett Contract Specialist

Telephone: +49-631-3523223 Date/Initials:DD/12 Jun 18

Technical/ Bridget A. Bennett Supervisory Category Manager

Requirements Telephone: (804) 734-8000, ext. 4-8200 Date/Initials: _________________

PCO: Petra Pulze Contracting Officer

Telephone: +49-631-3523128 Date/Initials:PP/ 12 Jun 18

Signatures are required below:

Director of Sales:

Tracie L. Russ Telephone: (804) 734-8000, 4-8855

Signature: _______________________________ Date: ________________________

Control No. HDEC09-17-44

Assistant General Counsel: Telephone: (804) 734-8000, 4-8871

Helen J. White

Deputy Director of Acquisition Management:

Michael G. Shaffer Telephone: (804) 734-8000, 4-8681

DeCA Competition Advocate:

Floyd L. Kirkland Telephone: (804) 734-8000, 4-8548

Signature: _______________________________ Date: ________________________ shaffemg Typewritten Text 6/20/2018 kirklafl Typewritten Text 6/19/2018 kirklafl Typewritten Text 6/20/2018

Control No.: HDEC09-17-44

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Office: Defense Commissary Agency (DeCA), Resale Contracting Directorate, Contracting Branch Europe (LEARU), Kaiserslautern, Germany.

2. Type of Contract Action: Modification of contract HDEC09-12-D-0006 with D&F McCarthy

LTD. The proposed modification will extend the period of performance six (6) months from July 02, 2018 to December 30, 2018. 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 fresh fruits and vegetables (FF&V) for resale to 5 store locations in The United Kingdom within the European Area of the Defense Commissary Agency. The proposed six (6) months modification would increase the estimated contract value by $1,311,250.00 for a new total estimated contract amount of $19,293,750.00 and extend the contract performance period until December 30, 2018.

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 and services will satisfy Agency requirements.

5. Reason for Authority Cited:

The current contract HDEC09-12-D-0006 with company D&F McCarthy LTD will expire on July 01, 2018. The required services are deemed to be available only from the incumbent contractor because award to any other source at this time would result in unacceptable delays in fulfilling overseas commissaries requirement, and interruption of service. The Agency incurred significant delays in completing the follow-on acquisition due to the completion of other priority contractual issues. The solicitation is currently being reviewed. The additional six months are needed to allow sufficient time to issue the solicitation, conduct the best value evaluation procedures, and obtain Agency level contract reviews, conduct senior management briefings/approvals, and to allow for a startup period for the contract awardee. The projected award date is October 31, 2018 with a performance start date of December 31, 2018.

In the absence of a contract extension, commissaries covered under this contract will be without FF&V and the service members serviced by these commissaries will be denied their full commissary benefit provided to them by statue 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. FF&V is an essential part of our daily diet and the loss of these products would negatively military and their families.

D&F McCarthy LTD has been performing this contract successfully over the past five years providing products that conform to the contractual requirements and terms and conditions. The company has the intimate knowledge and resources in place to continue uninterrupted service.

McCarthy is the only source available that has the necessary infrastructure and logistics established to provide uninterrupted service in accordance with DeCA requirements to the DeCA commissaries for the extension period.

6. Efforts to Obtain Competition: A sources sought notification was not issued for this requirement due to fact no contactor 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 cost.

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

Contract HDEC09-12-D-0006 was awarded under full and open competition. The contract contains a patron savings requirement of 27% for 21 high volume core items (HVCI). The compliance with the patron savings requirement is controlled by random market basket surveys that compare same quality HVCI prices on the local economy with the weekly prices submitted by the contractor. During the entire contract performance period, the incumbent has always reached and/or exceeded the required patron savings of 27%. Therefore, the Contracting Officer determines the prices offered by D&F McCarthy LTD are fair and reasonable.

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: D&F McCarthy LTD is currently performing the contract and is the only known source that can perform at the required performance level while maintaining continuity of services. To date, no other source has written to express an interest in performing the nine months interim period.

11. Action to Increase/Foster Competition: DeCA Contracting Branch Europe is actively working to complete the competitive FF&V acquisition requirement by October 31, 2018. This effort is in the pre-award stage of a follow-on acquisition, which has been conducted as a full and open competition.

12. Commissary locations covered under contract HDEC09-12-D-0006:

HQCE1B Alconbury Commissary

HQCE1M Croughton Commissary

HQCE1H Lakenheath Commissary

HQCE1Q Menwith Hill Commissary

HQCE1J Mildenhall Commissary

Technical/Requirement 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: Bridget A. Bennett Signature: _______________________ Supervisory Category Manager Date: _______________________

Fair and Reasonable Price Determination and Contracting Officer Certification:

I hereby determine that the prices for this contract action are fair and reasonable. I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Name: Petra Pulze Signature: _______________________ Contracting Officer Date: _______________________ pulzep

06/20/2018

APPROVAL

Based on the above mentioned justification, I hereby approve the six (6) months extension from July 02, 2018 until December 30, 2018, for the continuation of FF&V deliveries to 5 store locations in The United Kingdom covered under contract HDEC09-12-D-0006, on 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 products herein described have otherwise been authorized for acquisition.

APPROVED:

Signature: ________________________________ Date: ____________________

Floyd L. Kirkland Competition Advocate Defense Commissary Agency kirklafl

June 20, 2018