JA-Amend 0001-McGuire AFB-HDEC0816C0002_Redacted.pdf

Control Number: HDEC08-21-33 Amendment 0001

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

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

2. Type of Contract Action – Two-month J&A for Contract HDEC0816C0002; Firm Fixed Price (FFP) Contract; Defense Working Capital Funds (DWCF). The period of performance will be 1 December 2021 to 31 January 2022.

3. Description of Supplies/Services – Acquisition is for Shelf Stocking, RSHA and Custodial Operations by Crescent Resources, LLC at the McGuire AFB Commissary, located in/near Trenton, New Jersey. The period of performance is two (2) months for approximately $576,526.39. 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 HDEC0816C0002 expires on 30 November 2021.

Disruption of Shelf Stocking, RSHA, and Custodial Operations 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 and civilian members and their families.

A new solicitation was issued as a competitive 100% Woman-Owned (WO) small business set-aside. There was an amendment executed on 25 August 2021 to allow questions/answers, evaluation, and reviews.

After solicitation issuance, the Agency incurred delays due to a significant number of questions of a technical/contractual nature submitted by WO interested sources. Additional time was required in efforts to conduct research and answer the numerous questions of a technical /contractual nature and post an Amendment to the beta.SAM.gov website. As a result, a J&A was processed to extend for six (6) additional months through 30 November 2021. During the extension period, a technical evaluation, source selection, policy and legal reviews were conducted. The new contract is estimated to be awarded no later than 16 November 2021 pending any size challenge or protest.

The two (2) month extension period under this J&A will allow the successful offer ample time to mobilize and complete background checks, fingerprinting, and issuance of a new CAC cards, which are required to fulfil CLICK2GO services. The DeCA Trusted Associate responsible for the contractor’s CAC has agreed to extend the CAC’s expiration through 31 January 2022.

Due to time constraints and viability, the requested two-month contract extension is determined to be in the best interest of the Government, to allow for a continuation of services without disruption. Crescent Resources, LLC 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 two-month period would present unacceptable delays in fulfilling the Government’s requirement for Shelf Stocking, RSHA, and Custodial Operations at the McGuire AFB Commissary. The time and costs associated with the Government to re-compete a two-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 two-month period will allow the contracting activity sufficient time to finalize review, make a subsequent award determination, award of the contract, and allow the contractor a phase-in period to prevent a break in service to our military families and veterans. Only the incumbent contractor can provide full, uninterrupted service to the McGuire AFB 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 that no contractor would be capable to provide service for a two -month period. Any new contractor for the two-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% WO small business set-aside, with a sufficient number of proposals received and evaluated. The anticipated contract award date is 16 November 2021.

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 Price Determination – A modification will be processed for 2 months.

A proposal was requested from the contractor for the two (2) 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 estimate 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 an interruption of service.

9. Other Factors – The new contract is estimated to be awarded no later than 16 November 2021 pending any size challenge or protest.

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

11. Action to Increase/Foster Competition – The new award was solicitated for a 100% WO set-aside and the Government received sufficient competition for the procurement.

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.”

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."

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the two-month extension of the McGuire AFB Commissary commercial services contract on 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.