Knox JA 2020_37_Redacted.pdf

Control No: MICC 2020-37 Contractor: Kentucky Office of Vocational Rehabilitation

Program/Equipment: Full Food Service

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Fort Knox, Kentucky (FKKY) Logistic Readiness Center (LRC) has a need to provide Full Food Service meals via contract to all Subsistence In Kind (SIK) personnel authorized by AR 30-22 and the Installation Commander’s policy letter in support of Cadet Summer Training (CST) as well as; 1st Theater Sustainment Command, 19th Engineer Battalion, U.S. Army Cadet Command (USACC), U.S. Army Recruiting Command, and The Army School System Training Center.

Authority: 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-1 -- Only one responsible source and no other supplies or services will satisfy agency requirements.

Amount:

Prepared by: DSN:

Date:

Email:

Contracting Officer: Katie E. Paben DSN: 464-3710 Contracting Officer Date:

Email: katie.e.paben.civ@mail.mil

Technical: DSN:

Date:

Email:

Requirements: DSN:

Date:

Email:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

DSN:

___________________________________ Date: See Digital Signature

Small Business Specialist:

Date:

Date:

Date:

Date: 18 MAR 2020

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

MICC Legal Counsel:

DSN:

___________________ Date: See Digital Signature

Contracting Office Division Chief:

DSN:

________ Date: See Digital Signature

Director, MICC-Fort Knox:

_____________________ Date: See Digital Signature

Assistant Director Small Business Program:

_________ Date: See Digital Signature

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC)-Fort Knox, 199th 6th Avenue, Suite 250, Fort Knox, KY 40121-5720.

2. Description of Action: The LRC requests a firm-fixed-price new contract with Kentucky Office of Vocational Rehabilitation, Division of Blind Services, 500 Mero Street 4th floor, Frankfort, KY 40621. The Government projects award for 1 April 2020 and fiscal year 2020, Operation and Maintenance funds will be used.

3. Description of Supplies/Services: The Contractor shall provide all supervision, labor, personnel, equipment, materials and supplies, with the exception of Government Furnished Property (GFP), to perform activities that comprise the full operation of an Army Dining Facility. This includes, but is not limited to, requisitioning, receiving, storing, preparing, and serving of food. Also included is the performance of related administrative, custodial and sanitation functions in the Dining Facility. During the contract period of performance the contractor will be dealing with CST. During CST, the population on the installation (and Dining Facilities (DFACs)) increases by approximately 13,000, surging to an increase of approximately 15,000 during Maximum Troops on Ground (MOG). CST begins phasing in personnel in May with MOG typically from mid- June through mid/late July and the population gradually tapers off at the end of August.

Cadre start arriving on post around mid/late April. The contractor will need to start increasing staff and preparing to open dining facilities starting 1 April 2020. It is a critical mission for the Army and it is imperative the soldiers be fed. Closing the Full Food Service program at any time would be detrimental to the Army and its mission.

Base Period: 1 Apr 2020 to 30 Sept 2020 Value:

Option Period 1: 1 Oct 2020 to 31 Dec 2020 Value:

Option Period 2: 1 Jan 2021 to 31 Mar 2021 Value:

,384,734.75

4. Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

a. This acquisition is necessary to avoid a break in full food service to thousands of Soldiers at Fort Knox. Fort Sam Houston awarded contract W9124D-20-D-0007 on 10 Feb 2020. GAO protest #B-418481-3 was received 5 Mar 2020 delaying performance for up to 120 days. This bridge is necessary to ensure services can be provided to support the current mission as well as summer surge of cadets and mitigate the risk of

Total Value:

4. Authority Cited: 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.

a. This acquisition is necessary to avoid a break in full food service to thousands of Soldiers at Fort Knox. Fort Sam Houston awarded contract W9124D-20-D-0007 on 10 February 2020. GAO protest no. B-418481-3 was received 5 March 2020 delaying performance for up to 120 days. This bridge is necessary to ensure services can be provided to support the current mission as well as summer surge of cadets and mitigate disruption to food services. The current service provider, Kentucky Office of Vocational Rehabilitation (KOVR), understands the mission and has been the contract holder since 5 Sept 2008. KOVR is aware of the mission for CST and the impact should quality service not be provided.

b. Alternatives. The recommended action is for a sole source contract bridge with the incumbent FFS Contractor (KOVR). For the following reasons, it would be neither cost effective nor realistic to expect another Contractor to perform during the brief interim period of performance of 6 months:

1) Conducting a contract solicitation and award of a new FFS contract for a six-month period of performance would not be feasible as CST cadre are due to start arriving in early April and the second DFAC is set to open in April. To get a DFAC fully operational, it would take a contractor upwards of two months to obtain the staff, supplies and access to required systems. CST is a critical mission for the Army and cannot fail.

A new contractor would not have sufficient time to hire enough employees to fully staff the nine required DFACs. Failure to avoid a break in services will result in Cadets and Soldiers not being fed. This is not an acceptable result and the impact would be devastating. The exigent temporal circumstances were not the result of failure to plan for this acquisition, but rather, came about due to an unforeseen protest to the new award.

To the contrary, the government had timely planned for the new contract.

2) Further, initiating a new solicitation and award of a new FFS contract would not be feasible as the required background checks to issue CACs to new contractor employees to access the network known as the Army Food Management Information System (AFMIS), is a time consuming process of five days. It is necessary as the system allows the contractor to create menus, establish subsistence orders, receive, safeguard, and account for subsistence, and produce and serve meals to Cadets and Cadre personnel on a daily basis. Again, the government had planned adequate time to do all of these tasks, but the delay was caused by an unforeseen protest. Also, the new contractor would need to complete the Trusted Associate Sponsorship System (TASS) applications, DD FORM 2875 System Administrative Access Request (SAARS), official email and creations of AFMIS accounts; and conduct inventory of food service equipment in nine Dining Facilities. The process of TASS, SAARS and AFMIS is dependent upon coordination with security points of contact to get the individual approved. Currently the contractor is seeing a delay of up to a month to get an individual approved in each system.

3) KOVR possesses knowledge of the mission requirements and has performed satisfactorily throughout the term of the previous contract. KOVR has completed background checks and TASS applications, has established email accounts, and are intimately familiar with AFMIS and Prime Vendor requirements of operating an Army Dining Facility.

d. Impact if justification not approved. This acquisition is necessary to avoid a break in full food services at Fort Knox. Without this bridge contract the LRC would experience the risk of disruption to food services. The current service provider, Kentucky Office of Vocational Rehabilitation (KOVR), understand the mission and has been contract holder since 5 September 2008. KOVR is aware of the mission for CST and the impact should quality service not be provided.

a disruption in the feeding of over 20,000 plus Soldiers and Cadets. Without the ability to feed the Cadets, either the ROTC summer training required for commissioning would have to be cancelled or the Cadets would have to be fed 3 MREs (Meals ready to eat) or equivalent per day with no hot meals for the duration of the training exercise. The lack of support would devastate the Army's sustainment, readiness, and training. Failure to provide support is not an option as this would cause immeasurable harm to the Army's Warfighters.

6. Efforts to Obtain Competition:

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: Subcontracting competition will be achieved since the incumbent (KOVR) is a large business and has several opportunities to fulfill the subcontracting goals. A subcontracting plan will be evaluated in accordance with FAR 52.219-9 Small Business Subcontracting Plan, and DFARS 252.219-7003 – Small Business Subcontracting Plan (DoD Contracts)

7. Actions to Increase Competition: The proposed contract action has a performance start date of 1 April 2020 which is about a month prior to CST. This does not allow the LRC the necessary time to accurately finalize changes to the requirements documents to align with the Army's recently developed requirements standardization for full food service procurements. The follow-on contract was awarded February 2020 but a post award GAO protest B-418481-3 was filed on 05 March 2020. The follow-on contract action was competed and received multiple responses. However, this critical mission does not allow for adequate time for competition of this bridge action as CST starts 1 April.

8. Market Research: A sources sought was posted to Federal Business Opportunities for the re-compete FFS contract on 25 February 2019 for 12 days and interest was received by four small business companies. The new contract was solicited as a set aside from small business contractors. However, the Randolph Sheppard Act (RSA) mandated the Contracting Office hold negotiations with the State Licensing Agent (SLA).

The award was made to the SLA, however, post award GAO protest B-418481-3 was filed on 5 Mar 2020 against the award of contract W9124D-20-D-0007 and a stay of contract performance was issued. This required a bridge contract to be awarded. MICC has a waiver for posting a source sought notice as a result of a protest, as such, no sources sought notice will be posted.

9. Interested Sources: There is the potential of other contractors interested in providing the required FFS services. However, due to the time constraints and short performance duration of this bridge contract, the current vendor providing the services proves to be the most advantageous source.

b. Subcontracting Competition: Subcontracting competition will be achieved since the incumbent (KOVR) is a large business and has several opportunities to fulfill the subcontracting goals. A subcontracting plan will be evaluated in accordance with FAR 52.219-9 Small Business Subcontracting Plan, and DFARS 252.219-7003 - Small Business Subcontracting Plan (DoD Contracts).

8. Market Research: A sources sought was posted to Federal Business Opportunities for the re-compete FFS contract on 25 February 2019 for 12 days and interest was received by four small business companies. The new contract was solicited as a set aside for small business contractors. However, the Randolph Sheppard Act (RSA) mandated the Contracting Office hold negotiations with the State Licensing Agent (SLA).

The award was made to the SLA, however, post award GAO protest no. B-418481-3 was filed on 5 March 2020 against the award of contract W9124D-20-D-0007 and a stay of contract performance was issued. This required a bridge contract to be awarded.

MICC has a waiver for posting a sources sought notice as a result of a protest, as such, no sources sought notice will be posted.

10. Other Facts:

a. Procurement History:

1) The MICC - Fort Knox awarded a firm-fixed-priced (FFP) contract, W9124D-08- C-0048, on 5 September 2008 that provided full food service support to both Fort Campbell, KY and Fort Knox, KY, with a base period of 1 October 2008 through 30 September 2009 and two one-year option periods. This action was solicited as a HUBZone set-aside with priority given to the SLA for Kentucky in accordance with the RSA. The SLA was determined to be in the competitive range and subsequent negotiations with the SLA resulted in a contract award in the amount of ;

with the Fort Knox portion totaling at and Fort Campbell totaling

2) A follow-on FFP contract, W9124D-11-C-0029, was awarded on 22 September 2011 to only support Fort Knox as opposed to the previous contract which supported both Fort Knox and Fort Campbell. This requirement was solicited 100% HUBZone set-aside with priority to the SLA in accordance with the RSA. The SLA was determined to be in the competitive range and subsequent negotiations with the SLA resulted in a contract award in the amount of with a seven day phase-in period from 23 September 2011 through 30 September 2011, a 5-month base period of 1 October 2011 through 29 February 2012, plus two one-year option periods (1 March 2012 through 28 February 2014).

3) The current FFP contract, W9124D-15-D-0026 was awarded on 28 May 2015 with a Base Period of Performance of 1 June 2015 through 31 May 2016 plus three one-year option periods. The requirement was solicited as Unrestricted with preference to the SLA in accordance with RSA; negotiations resulted in a contract amount of

. As mentioned above, the current contract supports the feeding of over 20,000 Cadre and Cadets, 14,000 alone just for the Cadet Summer Training (CST) period.

4) A price comparison was done on the estimated option amount per contract to highlight the transformation of this requirement and Fort Knox over the years. As mentioned above, the previous contract was once combined with the Full Food Service requirement at Fort Campbell, with Fort Knox maintaining most of the services required.

At that time, the Armor School was located in Fort Knox before later moving to Fort Benning in 2010. With the Armor School at Fort Benning, this accounts for the lower estimated option price on the current contract (W9124D-15-D-0026), and the number of soldiers going through the DFAC. However, with the introduction of the CST, the price of the option once again reflects and justifies the increase in the estimated contract amount for the protested requirement, due to the influx of soldiers training at Fort Knox.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

___________ ______ Date: See Digital Signature

Full Food Service Program Manager

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

______ Date: See Digital Signature

Program Analyst

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Fair and Reasonable Cost will be established by using the IGE, previous contract pricing and industry published pricing. As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403): A commercial item is being acquired.

_____ __________ Date: See Digital Signature

Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Katie E. Paben Contracting Officer

PABEN.KATIE.

E.1363762596

Digitally signed by

PABEN.KATIE.E.1363762596

Date: 2020.03.27 14:33:41 -04'00'

Approval

Based on the foregoing justification, I hereby approve the procurement of Full Food Services for the estimated amount of $9,384,734.75 on an other than full and open competition basis pursuant to the authority of Title 10 United States Code § 2304(c)(2) as implemented by Federal Acquisition Regulation Part 6.302-1, Only one responsible source and no other supplies of services will satisfy agency requirements. The estimated value of this 6-month extension is $6,670,556.25 with performance beginning 1 April 2020. This approval is subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Alternate to the Command Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX

Based on the foregoing justification, I hereby approve the procurement of Full Food Services on an other than full and open competition basis pursuant to the authority of Title 10 United States Code § 2304(c)(1) as implemented by Federal Acquisition Regulation Part 6.302-1, Only one responsible source and no other supplies of services will satisfy agency requirements. The estimated value of the contract is $9.38 million for a 12-month period of performance consisting of a 6-month base period and two 3-month option periods from 1 April 2020 through 31 March 2021. This approval is subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.