JA_HDEC02-13-03-Amend_0005_(1).pdf

HDEC02-13-03

Amend - 0005

JUSTIFICATION REVIEW DOCUMENT

Description of Acquisition: Modification to extend the contract performance period for HDEC02-04-D-0018, with Military Deli and Bakery Services, Inc. (MDBS) to provide for uninterrupted operation of deli/bakery operations at 17 commissary store locations assigned to the Defense Commissary Agency.

Statutory Authority: 10 U.S.C. §2304(c)(1) Est. Amount: $ 5,686,352.80 Est. Amount Amend 0001: $ 6,397,147.00 Est. Amount Amend 0002: $11,773,055.31 Est. Amount Amend 0003: $ 2,132,382.30 Est. Amount Amend 0004: $ 4,264,764.60 +Est. Amount Amend 0005: $ 13,772,798.00 New Total Amount: $ 44,026,500.01

Prepared by: Nancy Patterson Matherne Contract Specialist Telephone (804) 734-8000, 48908 Date/Initials:

Technical/ David Leffert CMS/Deli Bakery Program Manager Requirements: Telephone (804) 734-8000, 48566 Date/Initials:

PCO: Trista P. Robinson Contracting Officer Telephone (804) 734-8000, 48892 Date/Initials:

Signatures are required below:

Director of Sales: Tracie Russ Telephone: (804) 734-8000, 48855

Signature: ___________________________ Date: _____________________

Legal Counsel: Helen J. White Telephone: (804) 734-8000, 48324

Signature: ___________________________ Date: ______________________

Division Chief Resale Contracting Division:

Rhonda V. McDougal Telephone: (804) 734-8000, 48893

Signature: ___________________________ Date: ______________________

DeCA Competition Advocate:

Floyd Kirkland Telephone: (804) 734-8000, 86223

Signature: ___________________________ Date: ______________________

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Office: Defense Commissary Agency (DeCA), Resale Services Support Branch, (LEARS), 1300 E. Avenue, Fort Lee, Virginia 23801-1800.

2. Type of Contract Action: Modification of contract HDEC02-04-D-0018 with Military Deli & Bakery Services, Inc. (MDBS). This proposed modification will extend the period of performance eight (8) months from October 1, 2015, through May 31, 2016. 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 Delicatessen/Bakery operations at 17 commissary store locations within the East and Central Areas of the Defense Commissary Agency. The proposed eight (8) month modification would increase the estimated contract values by $13,772,798.00 for a new total contract amount of $44,026,500.01 and extend the contract performance period until May 31, 2016.

4. Authority Cited: 10 U.S.C. §2304(c)(1), in accordance with FAR 6.302-1, only one responsible source and no other supplies or services will satisfy Agency requirements.

5. Reason for Authority Cited: Contract HDEC02-04-D-0018 expires on September 30, 2015.

Award of the follow-on contract, resulting from solicitation number HDEC02-14-R-0002, has been unexpectedly delayed due to various flaws identified by the Contracting Officer in the Source Selection Board process. The Contracting Officer has determined that proceeding with the acquisition would result in a flawed award decision. In order to ensure the integrity of the evaluation process and provide all potential offerors with a fair evaluation, it has been determined by the Contracting Officer the current solicitation should be cancelled and reissued.

Solicitation HDEC02-14-R-0002 was canceled on September 25, 2015. The follow-on solicitation will be reissued with an anticipated release date of October 22, 2015.

In the absence of a contract extension, commissaries covered under this contract will be without deli/bakery operations and the service members serviced by these commissaries will be denied their full commissary benefit provided to them by statute 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. Loss of these products would negatively impact DeCA’s mission to provide for the military and their families.

MDBS has been performing this contract successfully providing products that conform to the contractual requirements and terms and conditions. They have the systems in place to continue uninterrupted service. MDBS is the only known source available that has the necessary infrastructure established to provide uninterrupted deli/bakery operations in accordance with federal, state and agency requirements to the DeCA commissaries given the time constraints involved for this extension period.

6. Efforts to Obtain Competition: A pre-solicitation notice will be published on the FedBizOpps government website with an anticipated release date of September 29, 2015. The notice will identify the government’s intention to procure deli/bakery operations for the seventeen (17) commissaries covered under the subject contract. The requirement will be issued based on full and open competitive procedures with the expectation of receiving multiple proposals.

A synopsis of the follow-on requirement will be posted on the FedBizOpps government website with an anticipated release date of October 22, 2015. The synopsis will identify the government’s intention to re-solicit for deli/bakery operations for the seventeen (17) commissaries covered under contract HDEC02-04-D-0018. In order to further foster competition, this justification will be made available for public inspection after the completion of the contract modification to extend contract performance with the incumbent contractor, in accordance with FAR 6.305.

A sources sought notification was not issued for this modification to extend contract performance due to the time constraints involved. There is less than two weeks remaining on the existing contract award. In order to ensure continuity of service, the requirement to post a sources sought notice is waived by the Head of the Contracting Activity as allowed by

DFAR/PGI 206.302-1

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

No changes from the initial J&A and Amendment.

8. Market Research: No changes from the initial J&A and Amendment.

9. Other Factors: No changes from the initial J&A and Amendment.

10. Interested Sources: No changes from the initial J&A and Amendment.

11. Action to Increase/Foster Competition: No changes from the initial J&A and Amendment.

Commissaries Covered Under Contract HDEC02-04-D-0018

1. Ft. Benning, GA

2. Robins AFB, GA

3. Ft. Gordon, GA

4. Ft. Steward, GA

5. Hunter AAF, GA

6. Moody AFB, GA

7. Ft. Bragg North, NC

8. Ft. Bragg South, NC

9. Camp Lejeune MCB, NC

10. Seymour Johnson AFB, NC

11. Cherry Point MCAS, NC

12. New River MCAS, NC

13. Ft. Jackson, SC

14. Shaw AFB, SC

15. Parris Island MCRD, SC

16. Charleston AFB, SC

17. Charleston NWS, SC

Technical/Requirements 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: David Leffert CMS/Program Manager

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: Trista P. Robinson Contracting Officer

APPROVAL

Based on the above mentioned justification, I hereby approve the eight (8) month extension from October 1, 2015 until May 31, 2016, for the continuation of services of deli/bakery operations for the seventeen (17) East and Central Area store locations covered under contract HDEC02-04-D- 0018, on an 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 the services and property herein described have otherwise been authorized for acquisition.

APPROVED:

Joseph H. Jeu Director and Chief Executive Officer

Defense Commissary Agency

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