Justification and Approval document.pdf

for

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to all J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 377 MSG/PKA

Purchase Request / Local ID Number: TBD

Program / Project (and PE, if applicable): Food Services Bridge Contract

Program Type (PEO or Other Contracting): Other Contracting (Operational)

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

19 Aug 2019

Project Lead / Program Mgr / Requiring Activity

Signature

Date

19 Aug 2019

Contracting Officer

KATHERINE M. PARKER

Signature

Date

16 Aug 2019

AFNWC/JA

Date

20 Aug 2019

Chief of the Contracting Office (COCO)

APPROVAL (AFFARS 5306.304(a) )

Date

03 Sep 2019

Competition Advocate TOMMY M. GATES III, Colonel, USAF

I. Contracting Activity.

The contracting activity responsible for this action is the 377th Mission Support Group Contracting Division, Kirtland Air Force Base, NM.

II. Nature and/or description of the action being processed.

The action being processed is the award of a bridge contract to the incumbent contractor, Robert E. Vick, Jr., to continue full food services at the Kirtland Air Force Base Dining Facility (DFAC) and co-located flight kitchen. The bridge contract will be firm-fixed price.

III. Description of supplies/services required to meet agency needs.

The contractor provides all labor, personnel, and supervision for full food service at the Thunderbird Inn DFAC and co-located flight kitchen. The DFAC is a full service dining facility, including carry-out service, and the co-located flight kitchen provides boxed meals for passengers and crews in support of flying missions on a 24-hour basis. Boxed meals are also available for customers requesting them in support of ground operations. The DFAC serves an average of 22,000 meals per month and provides approximately 200 carry-out meals per day. The co-located flight kitchen provides approximately 500-600 ground support box meals and 25-75 flight meal per month to authorized patrons.

The primary customers at these facilities are Essential Stations Messing (ESM) recipients. ESM recipients are military personnel that are allotted rations in Government dining facilities at the expense of the Government. Secondary customers are military personnel who are authorized to dine in the facility at their own expense.

The services provided by the contractor include dining facility management, storeroom functions, food preparation, cooking, food serving and replenishment, 24-hour flight and ground meal service, cashier services, administrative services, housekeeping services, sanitation services, waste management, grounds maintenance, equipment maintenance, and replacement of food service property, and in the event of a contingency situation, perform all required tasks to ensure the continuity of services. These services are currently being provided on contract FA9401-14- C-0015 by Robert E. Vick, Jr. The period of performance on the existing contract ends on 15 March 2020.

The anticipated base period of performance for the bridge contract is 16 March 2020 - 15 September 2021. The following contract line items (CLINs) will be included in the contract: Food Services (0001), Extended Hours (0002), Maintenance and Repair (0003), Equipment Replacement (0004). The contract will be funded with O&M (3400) appropriations.

IV. Statutory authority permitting other than full and open competition.

The statutory authority that allows other than full and open competition for the proposed contracting action is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 -- Only One Source and No Other Supplies or Services Will Satisfy Agency Requirements.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

A bridge contract is required in order to allow time to competitively procure the follow-on contract using FAR subpart

15.3 source selection procedures to ensure full food service remains in place for Kirtland Air Force Base. Additional time is required for the source selection due to the combination of the following series of actions and events:

On 1 Apr 2019, 377 MSG/PK was notified that the food services requirement is listed on the AbilityOne Commission's Procurement List, but the requirement has not been performed by AbilityOne since 2001 on contract number FA29650-00-C-0013. In accordance with FAR 8.002(a)(2), AbilityOne is a mandatory source for all services on the Procurement List. The customer provided historical information stating that the contract with AbilityOne in 1998 was not for full food service. At the time, the DFAC was staffed by military personnel with supplemental contractor support.

Since that time, the requirement was changed to require full food service because military personnel were removed.

The DFAC is currently staffed entirely by contractor personnel. As such, 377 MSG/PK requested a scope review from SourceAmerica on 4 Apr to determine if the full food service requirement can be fulfilled through the AbilityOne program. SourceAmerica requested a meeting with 377 MSG/PK for clarification on the requirements and the possible acquisition time line.

On

4 Jun 19, AbilityOne decided to issue a Purchase Exemption that allows 377 MSG/PK to compete the follow-on requirement; the Procurement Exception was received on 21 Jun 19.

377 MSG/PK also requested assistance with market research from the General Services Administration (GSA) Customer Service Director, New Mexico and Texas Panhandle Region. 377 MSG/PK was informed that there are no longer schedule holders that provide full food service. GSA vendors canceled their schedules because they did not receive any orders. Based on the circumstances above, the acquisition strategy for the follow-on contract was changed to a competitive source selection utilizing FAR Subpart 15.3 procedures.

Due to the historical precedence of awarding a sole source contract to the same contractor, the requirement has never been competed. As such, additional time is required to develop the requirement package, determining the appropriate acquisition strategy and evaluation factors, completing the source selection, and awarding the contract. Due to the estimated dollar amount of the follow-on contract, 377 MSG/PK anticipates that the source selection will take 18-24 months to complete. The period of performance of the current contract ends on 14 Mar 2020. As such, there is insufficient time to award a competitive follow-on due to the delays

As such, award of a bridge contract to the incumbent contractor is required in order to prevent a break in service.

There are several negative mission impacts if there is a lapse in service for the DFAC contract. Primarily, Kirtland would fail to meet Air Force mission requirements for military members on alert status. Kirtland would be unable to support incoming and outbound flying missions because there would be no available food options outside of normal duty hours for military members on alert status that are required to stay on base. In addition, emergency first responders would not have food available during overnight hours or on the weekends. Also, the 58 Special Operation Wing (SOW) at Kirtland AFB has Airmen students in training. Per Air Force regulations, having a dining facility is required for students in technical school training. Without a DFAC, the training hours would be affected and the training facility could potentially be relocated to another duty station that can accommodate the students.

In addition to mission impacts, a lapse in service at the DFAC would cause additional expenses for the Air Force.

Currently there are 170 airmen that are meal card members and do not receive Basic Allowance for Subsistence (BAS). If there is a break in service and the DFAC were not available, the Air Force would need to put these Airmen on BAS. At the current monthly BAS rate, the Air Force would need to pay approximately $62,796.00 per month for the 170 airmen on meal cards, which totals $1,300,333.00 for the 18 month break in service if a bridge contract is not in place. In addition, without a DFAC, dormitory residents would need to receive the higher BAS Type 2 rate because there are not enough dormitory cooking facilities to support all of the residents. The Kirtland dormitories currently house approximately 500 airmen, which totals an additional expense of $369,000.00 per month. The addition of these Airmen to BAS Type 2 would total $6,649,020.00 for the anticipated break in service of 18 months if a bridge contract is not awarded. As such, the estimated overall cost impact of a break in service for the DFAC is approximately $7,949,353.00 due to the increase in BAS expenses. By comparison, the estimated total for the 18 month bridge contract is

. Therefore, awarding the bridge contract is in the best interest of the Government.

This action does not assume that Robert E. Vick, Jr. is the only contractor who can meet this requirement. There is no other contractor at this time who is capable of performing the required services on a short-term basis without an unacceptable delay in services needed. Ramp-up time for a new contractor is typically 60-90 days for a contract of this magnitude, whereas the incumbent contractor already has the necessary skills, personnel, and infrastructure in place to provide continued services for the period of performance required for the bridge contract. As such, any contractor other than the incumbent could not perform the work without a break in service. Accordingly, Robert E. Vick, Jr. is the only firm capable of providing the services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements. Therefore, it is in the best interest of the Government to maintain Robert E. Vick, Jr. to perform the bridge contract.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A Notice of Intent to award a sole source contract was posted to FBO on 2 July 2019. Interested parties were instructed to submit a capabilities statement indicating their ability to perform full food service on a short-term basis with no interruptions in service by 17 July 2019. One response was received from . The capabilities statement provided by . identified two contracts for mess attendant services and food services. However, due to the circumstances described above, award to any contractor other than the incumbent would result in an unacceptable break in service and any competitive bridge would divert limited resources away from the long term competitive acquisition. See Section V.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will determine that the anticipated costs are fair and reasonable using price analysis techniques in accordance with FAR 15.404. The anticipated price analysis techniques include a comparison of the proposed price to historical prices paid, comparison of proposed prices with independent Government cost estimates, and an analysis of data other than certified cost or pricing data provided by the offeror. Certified cost and pricing data is not required in accordance with FAR 15.403-1(b)(3).

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by posting a Notice of Intent advising industry of the pending action and soliciting inquiries from interested parties.

provided a capability statement that included a brief description of contracts held

. Due to the circumstances described above, award to any contractor other than the incumbent would result in an unacceptable break in service and any competitive bridge would divert limited resources away from the long term competitive acquisition.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

None.

X. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VI above.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

A follow-on competitive acquisition is planned with an anticipated award date of 15 September 2021. The bridge contract is a means to cover the gap in conducting the source selection and awarding the follow-on contract to ensure the continuation of full food service at the Kirtland Air Force Base DFAC.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.