FINAL.ANNEX_1_-J&A_-_Mess_Hall.redacted.pdf

UNITED STATES MARINE CORPS

MCIPAC REGIONAL CONTRACTING OFFICE - HAWAII

MARINE CORPS BASE HAWAII

BOX 63063 KANEOHE BAY HAWAII 96863-3063

IN REPLY REFER TO:

J&A No. MCBH 004-18

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

USMC, Marine Corps Pacific (MCIPAC), Regional Contracting Office (RCO)-Hawaii.

2. Description of the Action Being Approved.

Authorization to award a bridge contract on a sole source basis for the continuing need for mess hall attendant services.

3. Description of Supplies/Services.

Hawaii Department of Human Services, Ho’opono Rehabilitation Center for the Blind, will provide all management, personnel, tools, and supervision necessary to perform mess attendant, food preparation, equipment maintenance and repair, motor vehicle operation and cashier tasks at facilities within the Marine Corps Base Hawaii Food Service Program. The period of performance is for a base period from 09/01/2018 to 08/31/2019, plus up to six months services under FAR Clause 52.217-8, “Option to Extend Services”. The base period of performance is for 12 months (09/01/2018 – 08/31/2019). FAR Clause 52.217-8 Option to

Extend Services will allow for up to a 6 month extension (09/01/2019 – 02/28/2019) to prevent a gap in services. The total estimated value is using O&MN funds as shown in the table below:

FY18 FY19

O&MN

CLIN Quantity Unit Unit Price Amount

0001 12 Month

1001 6 Month

TOTAL:

The bridge contract must be awarded by 08/31/2018 to prevent a break in service.

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

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 Justifying Use of Cited Statutory Authority.

Pursuant to the exception under FAR 6.302-1(a)(2)(iii), only Hawaii Department of Human

Services, Ho’opono Rehabilitation Center for the Blind is capable of providing the services at this time. Contract M00318-10-C-0002 was competitively awarded to Hawaii Department of

Human Services and will expire on 08/31/2018. The follow-on contract was awarded to The

Severson Group (TSG) on April 10, 2018 using competitive 8(a) procedures with a Randolph

Sheppard Act priority for award. The incumbent, Hawaii Department of Human Services, Ho’opono Rehabilitation Center for the Blind, challenged the award via litigation, and on May

10, 2018 the U.S. District Court of Hawaii issued a Temporary Restraining Order (TRO) preventing the transition of services to the awardee of the follow-on contract. Due to the court order, the Government’s needs can only be satisfied by the incumbent contractor and award to any other source will violate the U.S. District Court of Hawaii’s TRO. Per legal counsel’s advisement, the litigation and arbitration is expected to last at least one year. Therefore, a one year bridge contract plus the option to extend up to six months under FAR 52.217-8, must be executed as it will provide essential, immediate, and interim contract support for the required services. These services provide meals for the Marines aboard MCBH.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Due to the TRO issued by the U.S. District Court of Hawaii, there is only one contractor, Hawaii Department of Human Services, who can provide the required services. For that reasons, no additional market research was conducted to solicit sources for this bridge contract.

The goal of the bridge action is to ensure uninterrupted services are provided while a settlement can be reached on the TRO.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer may not be able to determine the anticipated cost to the Government of the services covered by this J&A to be fair and reasonable. In that case it is the intent of

RCO-Hawaii to seek expedited review by the Secretary of the Department of Education on whether the vendor’s proposed pricing prevents the vendor from being awarded priority under the R-SA. If the Secretary determines the vendor is not to be afforded R-SA priority because of price and any issues we raise, that would be a credible basis for the DoJ to move for the

TRO against the USMC to be lifted so that TSG may begin contract performance. If the

Secretary of Education denies the government’s request to remove the R-SA priority for the reasons stated above, RCO-H will be forced to continue on with the award of this bridge contract. Therefore, as long as the TRO remains in effect, RCO-H has no option but to issue a bridge contract to Ho’Opono.

8. Actions to Remove Barriers to Future Competition.

As indicated in paragraph 5 above, we have awarded a competitive follow-on contract for

Mess Hall services for MCBH. Due to pending litigation, we are unable to proceed with transition of services as planned until the pending litigation has reached a resolution.