JA Mess Hall 4th Bridge Redacted.pdf

UNITED STATES MARINE CORPS

MARINE CORPS BASE HAWAII

BOX 63063

KANEOHE BAY. HAWAII 96863-3063

J&A No. H0001

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

United States Marine Corps (USMC), Marine Corps Installations Pacific (MCIPAC), Regional Contracting Office (RCO) — Hawaii.

2. Descr,~tion of the Action Being Approved.

Award of a sole source bridge contract to the State of Hawaii Department of Human Services, Division of Vocational Rehabilitation (Ho’Opono), for Management and Mess Hall Attendant (M&MA) services in support of Marine Corps Base Hawaii (MCBH).

3. Description ofSupplies/Services.

This requirement is for all personnel, supervision, tools, and services necessary to perform M&MA services aboard MCBH. M&MA service locations include MCBH Anderson Hall and the Flight-Line satellite facility utilized by active duty military. The period of performance will include a base period (May 2022 through April 2023), a one-year option period (May 2023 to April 2024), a six-month option period (May 2024 to October 2024), and the option to extend services for 6-months under the authority of FAR 52.217-8 (November 2024 to April 2025). The total estimated contract value is $16,099,908. Operations and Maintenance, Marine Corps (O&MMC) funds will be used as illustrated in the following figure.

Contract Period Funding Appropriation , Base Period $5,177,642 FY22 O&M Option Period One $5,364,911 FY23 O&M Option Period Two $2,778,678 FY24 O&M Option to Extend Services $2,778,678 FY25 O&M

4. Statutory Authority Permitting Other Than Full and Open Competition.

(i) 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Just(fying Use ofCited Statutory Authority.

(i) Pursuant to the authority cited in paragraph four above, FAR 6.302-1, Ho’Opono is the only responsible source that will satisfy MCBH’s requirements. Ho’Opono, as the State Licensing Agency under the Randolph-Shepard Act (R-SA), is the incumbent contractor.’ From Fiscal Year 2013 (FY13) through FY18, Ho’Opono

1 The R-SA is codified in 20 USC Ch. 6A Section 107(a) which states, “in authorizing the operation of vending facilities on Federal property, priority shall be given to blind persons licensed by a State agency as provided in this

J&A No. H0001 performed as the prime contractor of a competitively awarded contract for M&MA services at MCBH (M00318-10-C-0002). In FY18, RCO-Hawaii competed the follow-on M&MA contract and made award to an 8(a) firm (The Severson Group).

Upon award to the 8(a) firm on the FYI 8 contract, Ho’Opono initiated legal proceedings by which a preliminary injunction was granted with a ruling that states that Ho’Opono must maintain its position as the prime M&MA contractor by either maintaining bridge contracts and/or entering into similar contracts until a final decision is issued on the arbitration or the injunction lifted. To date, the U.S.

Department of Education (USD0E) has not docketed this dispute for R-SA arbitration. As such, an arbitration date has not been set, the injunction continues, and the SLA has, to date, failed to designate a member of an arbitration panel.

Despite efforts made by MCBH Legal Counsel and RCO-Hawaii with Ho’Opono, there is no firm date when an R-SA arbitration proceeding will open even if USDoE issues a docketing order. MCBH Legal Counsel opines that issuance of the final decision on arbitration and lifting the injunction is not anticipated to occur for another two years or longer. Consequently, for the foreseeable future, Ho’Opono is the only responsible source that will satisfy this requirement.

6. Description ofEfforts Made to Solicit Offersfrom as Many Offerors as Practicable.

RCO-Hawaii conducted a competitive acquisition in 2018 and awarded to an 8(a) SDVOSB after incumbent Ho’Opono was excluded from the competitive range. Ho’Opono subsequently invoked RSA arbitration and commenced legal proceedings, which led to the preliminary injunction described above, thus prohibiting RCO-Hawaii from implementing the competitive award. The FAR 52.217-8 extension under Ho’Opono’s current contract will be exhausted before any resolution is reached. RCO-Hawaii, MCBH Legal Section, and HQMC considered entering into direct negotiations with Ho’Opono pursuant to 34 C.F.R. § 395.33(d), or recompeting the award. Competing this requirement is not feasible because the court injunction prohibits award to anyone other than Ho’Opono and direct negotiations pursuant to 34 C.F.R. § 395.33(d) is not feasible because the USMCs position is that the R-SA does not apply to this requirement. As such, a bridge contract must be awarded prior to 30 April 2022 to avoid mission failure at the mess halls. RCO-Hawaii will revisit the appropriate course of action (competitive or direct award) following resolution of the legal proceedings. ADC I&L (Contracts) issued a blanket waiver of the requirement at DFARS P01206.302-1(d) for bridge contracts on 23 December 2020 (SUBJ: Blanket Waiver of DFARS PGI 206.302-1(d) for Bridge Contracts).

This memorandum applies to this action and waives the requirement to issue a request for information or sources sought notice when utilizing the authority at FAR 6.302-1.

chapter, and the Secretary, through the Commissioner, shall after consultation with the Administrator of General Services and other heads of departments, agencies, or instrumentalities of the United States in control of the maintenance, operation, and protection of Federal property, prescribe regulations designed to assure that —(1) thej priority under this subsection is given to such licensed blind persons (including assignment of vending machine income pursuant to section 107d—3 of this title to achieve and protect such priority), and (2) wherever feasible, one or more vending facilities are established on all Federal property to the extent that any such facility or facilities would not adversely affect the interests of the United States.” Vending facilities include the operation of cafeterias (mess halls), and the R-SA expressly authorizes this acquisition to be made through another agency (here, the SLA, Ho’Opono).

7. Determination ofFair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this Justification and Approval will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, RCO-Hawaii has no plans at this time to compete future contracts for the services covered by this document, until resolution of the arbitration is achieved. Once a final decision is issued on the arbitration or the injunction lifted, the Government will take the appropriate course of action at that time. At any point during the renewal of the contract at the expiration of a PoP the Contracting Officer can elect to not exercise the option if a final decision is issued on the arbitration or the injunction lifted.

CERTIFICATIONS AND APPROVAL

CERTIFICATIONS AND APPROVAL

TECHNICALJREQUIREMENTS CERTIFICATION

I cenif~’ that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best ofmy knowledge and belief.

T

CWO4 John T. ~—

LEGAL SUFFICIENCY REVIEW

Phone No.

I have detemüned this Justification is legally sufficient

Mr. Steven K. Fozjohn Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I and complete to the best of my knowledge and belief.

Ms. Laura Lindsay Phone No.

ASSISTANT DEPUTY COMMANDANT, INSTALLATIONS AND LOGISTICS

(CONTRACTS)APPROVAL

Upon the basis of the above justification, I hereby approve, as Assistant Deputy Commandant, Installations and Logistics (Contracts), the solicitation of the proposed procurement described herein using other than thil and open competition, pursuant to the authority of 10 U.S.C.

2304(c)( I).

Date

Mr. Jamie Thompson Assistant Dqnsty Commandant, Installations and Logistics (Contracts)