IRC JA 2026_05_Redacted.pdf

CUI//SP-PROCURE//FEDCON

Control No.: MICC 2026-05

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command- Installation Readiness Center – (MICC-IRC), Fort Sam Houston, TX.

2. Description of Action: The Army Sustainment Command requests a letter contract with Southern Foodservice Management, Inc., 431 Office Park Dr., Mountain Brook, AL 35233-2411 to fulfill an urgent need for Cook Support & Dining Facility Attendant (DFA) augmentation support at the United States Military Academy, West Point, New York.

The Government projects award no later than 12 November 2025. This action will use Fiscal Year 2026 with Operation and Maintenance, Army (OMA) funds. Due to the lapse in appropriations, funding is currently not available. However, these services are essential to the health and welfare of Amry personnel at the USMA and therefore have been determined to be “excepted.” DFARS 252.232-7998, Obligations in Advance of Fiscal Year 2026 Funding (DEVIATION 2026-O0001), will be included in the contract in order for performance to commence.

3. Description of Supplies/Services: The Contractor shall provide all supervision, labor, personnel, except for Government Furnished Property (GFP), to perform Cook Support & Dining Facility Attendant (DFA) augmentation support at the Army dining facility (DFAC) at West Point, New York. This requirement will have a single 12-month performance period.

Period of Performance: 12 November 2025 – 11 November 2026 Value: $2,800,000.00 (Estimated)

4. Authority Cited: 10 U.S.C. 3204(a)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Reason for Authority Cited: As described at FAR 6.302-2, when the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

a. Background: The Army has a time sensitive need to provide cook and dining facility attendant (DFA) augmentation support at West Point, New York. An approved J&A and the award of a letter contract to Southern Foodservice Management are needed to mitigate a potential disruption in food service operations resulting from the Government’s loss of 26 positions due to the Deferred Resignation Program (DRP), retirements, and the hiring freeze.

b. Alternatives:

1) Southern Foodservice Management, Inc., hereinafter referred to as Southern, has been identified as the only vendor with the requisite knowledge and capabilities to perform the cook support DFA services on short notice at West Point.

Southern has proven to possess the unique resources and capabilities to rapidly mobilize and successfully integrate full food services into the Army under short notice circumstances. Three recent contracts W9124D-21-D-0003, Fort Knox, KY, W5168W-22-C-0002, Fort Sill, OK, and W5168W-25-C-A001, Fort Lee, VA, support Southern’s unique capabilities in taking over full food service operations and remedying emergent high-risk factors during terminated contracts caused by uncorrected poor performance by the incumbent vendor. Southern seamlessly phased in contractually, successfully restored food service operations at high-standard levels, and sustained Very Good – Exceptional CPARS performance under those contracts assessed.

2) Competition is not feasible in the timeframe available. Army cook support DFA services requirements generally require a procurement administrative lead time (PALT) of at least 235 days. The scope of the cook support/DFA greatly limits the number of vendors capable of immediately performing these services in the expedited timeframe required to prevent operational failure. The current Government shutdown and limited available resources further exacerbate the Army’s ability to complete this requirement at this time.

3) There are no military culinary specialists (MOS 92G) to take over operation of the DFAC. Most of the personnel who utilize this DFAC are cadets who do not have other options from which to obtain their food sustenance. The limited gaps in their training schedules do not permit them to obtain food elsewhere. USMA does not have the Meal-Ready-to-Eat (MRE) stock available to feed Soldiers for any length of time.

In addition, MRE usage sub-optimizes nutrition for Soldiers which puts Army readiness, at risk. Army Training and Doctrine Command (TRADOC) Regulation 350- 6, Chapter 5-10 specifically states the importance of maximizing the accessibility to fresh, healthy meals through the dining facilities. It specifically states “Prepackaged meals, such as the MRE should be minimized unless specifically required by the packaged meals, such as the MRE should be minimized unless specifically required by the training mission. It further states that MRE consumption limits a Soldier’s feeding time and minimizes nutrition by reducing his/her opportunity to re-fuel with healthy meals. Furthermore, although Army Regulation 40-25 considers MREs to be nutritionally complete, it indicates that MREs should only be consumed as the sole ration for up to 21 days; after that, other ration types such as Unitized Group Rations (UGR) will be included in the ration mix. This is not feasible due to the lack of 92G’s to prepare UGR’s.

The Army’s primary regulation dealing with the operation of DFACs, Army

Regulation 30-22, also highlights that the food provided at DFACs are designed with the goal of improving a soldier’s readiness as well as their physical and cognitive readiness.

It further states that objectives include ensuring Soldiers are offered safe, nutritionally balanced, sufficiently varied, and appealing meals that are time phased appropriately in environments that range from fixed installation dining facilities (DFACs), extended delivery options to contingency operations.

Not having the DFAC in operation will cause serious injury to the United States by having trainees who are unable to consume food during a schedule that would allow them to carry out the training requirements and/or having trainees forced to consume MREs long-term which lowers their readiness via nutritional imbalances that negatively impact their physical and cognitive readiness.

6. Efforts to Obtain Competition: A competitive action is not possible for this requirement due to the short timeline to procure the services needed to prevent mission failure to the Government. Southern was contacted to fulfill the short suspense action due to their past performance record and their recent experiences in July 2021, September 2022, and January 2025 in providing food services upon short notice at Fort Knox, KY, Fort Sill, OK, and Fort Lee, VA. Upon approach by the Government, Southern conveyed its interest and ability to perform the required food services for West Point within the short timeline required. In accordance with FAR 5.202(a)(2), this action will not be synopsized.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: Per FAR 52.219-9(d)(9), federal contractors are required to develop and maintain an acceptable subcontracting plan if they are other than a small business and the estimated dollar value of the base contract and all option periods exceed or is expected to exceed $900,000 ($2 million for construction of a public facility). The Government will require a plan from Southern in support of this action unless there is an appropriate justification for the Contracting Officer to waive the requirement.

7. Actions to Increase Competition: The letter contract resulting from this J&A will cover only the minimum period of performance necessary. West Point anticipates it will regain the ability to hire civilian employees. Once the facility can be re-staffed so it can meet capacity, it is not anticipated that additional contract support will be required.

8. Market Research: Market research was not conducted due to the urgent nature of this procurement need that requires immediate remedy through a letter contract.

Southern was identified as the required vendor based on its corporate experience and relevant past performance as documented in CPARS and contract surveillance reports.

9. Interested Sources: Southern was contacted to gauge their willingness and ability to fulfill the requirements of the short suspense requirement. They conveyed, in writing, their willingness and capability with personnel, equipment and additional resources to fulfill the needs of this requirement.

10. Other Facts: None

Approval

Based on the foregoing justification, I hereby approve the procurement of cook support services and dining facility attendant support on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 3204(a)(2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency. The estimated value of the contract is $2.8 million for a period of 12 November 2025 – 11 November 2026. The approval is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Scott Kukes Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command JBSA Fort Sam Houston, TX

KUKES.SCOTT.D

EAN.115193434

Digitally signed by

KUKES.SCOTT.DEAN.115193

Date: 2025.11.10 14:06:49 -06'00'