J A__Sole_Source_-_Guam_SMP_Food_Services.pdf

Justification for Other than Full and Open Competition FAR 13.5 – Simplified Procedures for Certain Commercial Items

1. Contracting Activity: DoDEA - Pacific Procurement Division Unit 35007

APO AP 96376-5007

2. Description of Action: Guam Food Services

Nature: � New Requirement X Follow-on Requirement

� Modification to existing Purchase Order/Contract

Pricing: X Firm Fixed Price � Time & Materials � Cost

Funds: FY16 X O&M � Other (specify)

Estimated total price: $850,075 (base +4 option)

Restricted to one: X Source or � Brand Name

Proposed Contractor (if restricted to a single source):

Name: Global Food Services, LLC (GFS)

Address: STE 306 Baltej Pavilion

City, State, ZIP: Tamuning, GU 96913

3. Description of Supplies or Services: In support of our National School Lunch Program, DoDEA requires the personnel, food, supervision, small wares, and associated supplies necessary to serve and sell lunch meals in three school cafeterias in Guam.

DoDEA anticipates awarding a one-year service contract that includes four one-year option periods.

4. Authority Cited: 10 U.S.C. 2304(c)(5) in conjunction with 15 U.S.C. 657a.

5. Reason for Authority Cited: In accordance with FAR 19.1306(a) a Contracting Officer shall consider a contract award to a HUBZone msall business concern on a sole source basis before considering a small business set-aside; provided none of the exclusions at FAR 19.1304 apply. The Contracting Officer verified and none of the exclusions at 19.1304 apply to this acquisition. Additionally, the Contracting Officer does not have a reasonable expectation that offers would be received from two or more HUBZone small business concerns; the anticipated price of the contract, including options, will not exceed $4 million; the requirement is not currently being performed by an 8(a) participant under the provisions of FAR subpart 19.8 or has been accepted as a requirement by SBA under subpart 19.8; the acquisition is greater than the simplified acquisition threshold; the HUBZone small business concern has been determined to be a responsible contractor with respect to performance; and award can be made at a fair and reasonable price.

15 U.S.C. 657a (“HUBZone Act of 1997”) expressly authorizes the Government to issue a sole source award to a qualified HUBZone vendor. GFS is a certified HUBZone vendor in Guam and is currently successfully performing the Guam Student Meal Program services contract for DoDEA.

6. Efforts to Obtain Competition: DoDEA performed research to identify potential HUBZone vendors in Guam and contacted the Small Business Administration (SBA) to request a list of potential HUBZone vendors that could perform the food service requirement in Guam.

In addition to the actions stated above, a copy of this determination will be posted to the Government Point of Entry (Federal Business Opportunities) at www.fbo.gov, in accordance with FAR 5.2.

7. Market Research: Market research indicates that GFS is the only vendor currently registered in Guam under North American Industry Classification System (NAICS) Code 722310 (Food Service Contractors). DoDEA contacted the regional SBA office to request a list of additional HUBZone vendors that are capable of performing this requirement. In response, the SBA determined that GFS is the only HUBZone vendor in Guam with the capability to perform this requirement.

8. Interested Sources: No other qualified sources have expressed an interest in this requirement.

9. Actions to Increase Competition: DoDEA Pacific will continue to monitor the market for vendors in Guam that could perform the food service requirements, in the event a follow on contract is required.

10. Other Facts: In accordance with FAR 19.201, it is the policy of the Government to provide maximum practicable opportunities in its acquisitions to small business. FAR 19.203(c) requires that small business socioeconomic contracting programs (i.e., 8(a), HUBZone, SDVOSB, or WOSB programs) be considered before a general small business set aside.

11. Contracting Officer Certification: I certify that the facts and representations included in this Justification are accurate and complete to the best of my knowledge and belief. I further certify that the anticipated cost of this procurement will be fair and reasonable based on comparison to current contract prices which were determined fair and reasonable based on adequate price.