Justification for Other than Full and Open Competition JEH Cafeteria and Food Services.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

Procurement Section Format

Update: 07/29/2026

Justification for Other than Full and Open Competition in Accordance With 41 U.S.C. 3304(a)[(2)] – FAR 6.302-2

Title: FBI Headquarters (JEH Building) Cafeteria and Food Services Date: 07/29/2026 Estimated Contract Dollar Value: NTE ~$275,000

1. Identification of the agency and the contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Facilities Acquisition Unit (FAU), has prepared this Justification for Other than Full and Open Competition for FBI HQ – JEH Cafeteria and Food Services on behalf of the FFD – Facility Services Unit (FSU).

2. The nature and/or description of the action being approved, i.e. sole source, limited competition, establishment of a new source, etc.

This is a sole source action supports a Bridge Contract to sustain continued food services at the J. Edgar Hoover (JEH) building in Washington, D.C. The contemplated bridge contract would be awarded to the incumbent vendor - Sodexo Management Inc., with a firm fixed price (FFP) contract type for continued cafeteria/food services through 13 February 2027.

The dollar amount associated with this planned award is contemplated not-to-exceed (NTE) $275,000 and would facilitate the continued food services and franchise agreements at the FBI Headquarters facility.

Ultimately, it is the intent of the FSU, Finance and Facilities Division, to award a firm fixed price (FFP) contract for cafeteria/food services where the period of performance will be for a one (1) year base, with four (4) one-year options. This bridge contract enables the Government to continue its pursuit of securing an award to a qualified vendor offering a novel, innovative menu with potentially new franchise offerings.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value)

The requirement is to provide continued cafeteria/food services at the JEH facility at an estimated total cost of ~$275,000 for 14 August 2026 – 13 February 2027. This will allow the FSU team to revisit the requirement and accomplish its mission of providing world class facility services to the JEH Executive Leadership and staff workforce.

This requirement is to maintain a food service contract primarily for the JEH FBI Headquarters Building, located at 935 Pennsylvania Avenue, N.W., Washington, DC and the NCR. The existing JEH existing food service facilities include a large cafeteria food preparation area with dry and cold food storage, a cafeteria food service area with an embedded Dunkin Donuts franchise, a cafeteria patron seating area, a special functions room, and a standalone Starbucks franchise with a patron seating area centrally located off the street-level interior courtyard. The food services are to be operated for the continued benefit of approximately 4,000 occupants, Government employees and supporting contractors, of the

JEH.

4. The statutory authority permitting other than full and open competition.

(a) Authority: 41 U.S.C.3304(a)(2) Urgency. Agencies may contract without providing for full and open competition 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, financially or otherwise, unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304 (a)(2) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.103-2 entitled, “Unusual and Compelling Urgency.” Risks associated with this justification and potential harm to the agency if it were not permitted are as follows:

1. Security Risk: Exit/re-entry operational overhead, loss of SCIF/secure discussion buffers, and public exposure for sensitive personnel.

2. Operational Continuity: Schedule disruption due to vendor mobilization lag times if a new contractor were forced to start without transition time.

3. Interim Risk: Risk of facility (cafeteria) shutdown while re-solicitation/CBA clearance takes place.

5. Demonstrate that the proposed contractor’s unique qualifications or the nature of the acquisition requires using the authority cited.

Sodexo Management Inc. is uniquely qualified to provide these services to Facility Services Unit (FSU) based upon the following:

1. Immediate Mobilization & Active Infrastructure: As the incumbent, Sodexo possesses active security-cleared personnel, existing supply chain infrastructure, active Collective Bargaining Agreement (CBA) frameworks, and existing operational licenses for the embedded Starbucks and Dunkin' franchises. No other vendor could negotiate these complex licensing agreements, clear personnel, and assume physical operations by August 14, 2026, without a catastrophic lapse in service. They have/are unique franchise agreements, knowledge, experience, and certifications to continue providing the requested services. This includes special capabilities, and possession of proprietary products/people to be employed in pursuit of fulfilling the existing cafeteria/dining needs.

2. Operational Security & Threat Mitigation: The JEH Building houses intelligence and law enforcement operations. Interruption of on-site food services forces ~4,000 personnel— including visiting state, local, and international task force officers—off-site into public settings for daily sustenance. This introduces clear security risks, including increased exposure of personnel to foreign intelligence threats/surveillance and the inability to conduct law enforcement-sensitive discussions during meal periods. There is an urgent and compelling need to not only have continued/uninterrupted food services supporting sustenance for nearly 4,000/ea federal staff and contractor personnel; but, the need to have a space where state and local law enforcement partners, task force officers, and international law enforcement partners to have a secure space they can gather and safely have law enforcement sensitive discussion(s). Losing this service would entail mission degradation to all stakeholders assigned to the FBI Headquarters (HQ) facility as they would have to leave a secure area for meals and potentially introduces security risk as they would be forced to convene in public settings where they could be targeted by foreign adversaries and where potentially sensitive discussions could NOT occur.

3. Loss of Productivity & Administrative Harm: The physical screening and re-entry security protocols required at JEH mean that forcing the workforce off-site for meals would result in substantial lost work hours daily across 4,000 personnel, causing severe operational inefficiencies and direct injury to the FBI’s mission execution. While other sources were sought via a full and open solicitation process, the inability for potential vendors to navigate existing Collective Bargaining Agreements (CBAs) and security restrictions requires the Government to re-evaluate its approach to providing meaningful sustenance to the workforce that meets the efficacy and intent of FBI Executive leadership.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will not be publicized as required by Subpart 5.1 and, if not, which exception under 5.101 applies.

A competitive solicitation was previously posted to SAM.gov in April 2026. While an award was made, the selected vendor was subsequently Terminated for the Convenience of the Government after demonstrating an inability to perform services as proposed (specifically due to challenges surrounding security requirements and labor/CBA transitions).

Because a service gap is imminent on August 14, 2026, there is insufficient time to re-compete the requirement immediately without severe operational disruption. A full competitive solicitation with refined requirements will be publicized on SAM.gov during this 6-month bridge period. Pursuant to FAR 5.202(a)(2), advance synopsis of this bridge action is waived due to unusual and compelling urgency

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

A thorough market analysis was conducted to ensure the ~$275,000 cost was fair and reasonable when compared to other food service options supporting a workforce of nearly 4,000/ea staff members per day.

This determination is based on:

• Comparison with historical pricing models and contract costs for the JEH facility from 2018 through the present.

• Market research comparing local National Capital Region (NCR) commercial food service rates adjusted for secure facility operating environments.

• Evaluation of labor rates aligned with existing Collective Bargaining Agreement (CBA) wage determinations.

8. A description of the market research conducted and the results.

Market research with respect to food/labor prices was conducted and yielded no express concerns with the vendor’s proposed menu costs nor request for supplement to cover CBA/union cost increases.

To reiterate, the contractor would be required to continue delivery of services consistent with commercial industry standards and shall assume operation of the incumbent food services of the cafeteria to include entering into licensing agreements with all franchised business located at JEH (Starbucks Café, Dunkin Donuts, and all other franchises the Offeror proposes). The primary cafeteria area, with embedded Dunkin Donuts franchise, occupies 33,872 square feet and is located on the JEH building 8th floor. This area includes the following: a 27,600 square foot food preparation, storage area, and serving area along with a 6,272-square foot dining area with a mixed indoor and outdoor seating capacity of approximately 480 persons that is adjacent to the serving area.

9. Any other facts supporting the use of other than full and open competition.

When FAR 6.103-2 is cited, provide data, estimated cost, or other rationale as to the extent and nature of the harm to the Government:

In the event of cafeteria/food service disruption, approximately 4,000 executive leadership and staff members would lose secured-facility dining options for at least two (2) meals per day resulting in mission degradation, morale declination, and potential security issues as a majority of those staff members would rely upon alternative (less secure) dining options outside the JEH facility.

In summary, If food operations cease on August 14, 2026:

• Security Deterioration: Personnel will be required to leave the secure perimeter, creating vulnerability to espionage, physical security risks, and loss of confidential meeting spaces.

• Loss of Productive Hours: Factoring in security screening delays upon re-entry, an estimated 45– 60 minutes per employee per day would be lost to transit. Across a workforce of 4,000, this equates to thousands of lost productive operational hours daily.

• Franchise/CBA Friction: Abrupt shutdown without a transition bridge risks labor strikes, legal complications regarding CBA continuity, and default on active franchise agreements embedded within government-owned spaces.

10. A listing of any sources, if any, that expressed a written interest in the acquisition.

A solicitation was issued in April 2026, requesting that parties express their interest in writing and respond with a valid proposal to the Contracting Officer. A SAM.gov announcement was made and the Government received proposals that resulted in the selection of a qualified vendor, but the vendor was terminated for convenience when it was determined to be unable to perform the requested services as proposed. A subsequent solicitation is expected in the future that will entail adjusted requirements for continued food/dining services.

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

Review of any restrictive data markings, data rights, and the preparation of a performance-based work statement were all considered and completed to overcome barriers to the prior competition. The agency is currently planning for a new/revised procurement action to occur between February and August 2027.