REDACTED JandA M0031820R0003_Redacted.pdf

UNITED STATES MARINE CORPS

MCIPAC REGIONAL CONTRACTING OFFICE . HAWAll

MARINE CORPS BASE HAW All BOX 63063 KANEOHE BAY HAW All 96863·3061

MCBH4200

JUSTIFICATION AND AP PROV AL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

I . Agency and Contracting Activity.

USMC, Marine Corps Installations Pacific (MCIP AC), Regional Contracting Office (RCO) Hawaii

2. Description of the Action Being Approved.

Authorization to award a bridge contract to the incumbent contractor, Hawaii Department of Human Services ("Ho'Opono"), for the continuing need of mess hall food services operations.

3. Description of Supplies/Services.

Ho'Opono will provide all management, personnel, and tools 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 ("MCBH") Food Service Program. Management and operation of the mess hall storeroom will be included as an optional service. The estimated periods of performance are a one year base from 1 May 2020 through 30 April 2021, one six-month option from 1 May 2021 through 31 October 2021, and an extension of up to six months pursuant to FAR 52.217-8 from 1 November 2021 through 30 April 2022. The total estimated value is , requiring operations and maintenance funds as detailed in the following table.

Performance Period Fiscal Year Amount Funds (O&MN}

Base (5/1/20 - 4/30/21) 2020 Ootional Storeroom Manal?ement/Oocration 2020

Option 1 (5/1/21 - 10/31/21) 2021 Ootional Storeroom Manaeement/Operation 2021

FAR 52.217-8 Extension (11/1/21 - 4/30/22) 2022 Optional Storeroom Manaeement/Ooeration 2022

TOTAL

The bridge contract must be awarded before 1 May 2020 to avoid a break in service.

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

10 U.S.C. 2304(c)(l), as implemented by FAR 6.302-1 - the services needed by the agency are available from only one responsible source and no other services will satisfy the needs of the agency.

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5. Rationale Justifying Use of Cited Statutory Authority.

Pursuant to the authority cited above, Ho'Opono is the only responsible source of services that will satisfy MCBH's needs at this time. Ho'Opono is Hawaii's state licensing agency for purposes of the Randolph-Sheppard Act ("RSA"). It was previously awarded a competitive contract for food service operations at MCBH (M00318-10-C-0002). Due a delay caused by another vendor's GAO protest, performance on the contract commenced 1 March 2013. As M003 l 8-1 O-C-0002 neared completion in 2018, RCO-Hawaii recompeted the requirement, ultimately awarding to an 8(a) service-disabled veteran-owned small business ( ) after Ho'Opono was eliminated from the competitive range. Ho'Opono took exception to the award, invoked RSA arbitration, and sought a temporary restraining order ("TRO"). The U.S.

District Court of Hawaii ("Court") granted a TRO in favor of Ho'Opono in June 2018, prohibiting implementation of the award to and requiring MCBH to maintain Ho'Opono as the food services vendor while it considered whether Ho'Opono was entitled to further relief. As a result, RCO-Hawaii issued a stop-work order to and entered into a bridge contract with Ho'Opono (M00318-18-C-0003). The total length ofM00318-18-C-0003, including options and extensions pursuant to FAR 52.217-8, is 18 months.

In August 2019, the Court granted Ho'Opono's motion for a preliminary injunction, prohibiting RCO-Hawaii from awarding food services operations to other than Ho'Opono pending final resolution of the RSA arbitration or lifting of the injunction. To date, the Department of Education has not convened the arbitration panel, and the injunction remains in effect. The Marine Corps lacks sufficient active-duty personnel to operate its main mess ball and satellite dining facilities, thus contractor support is required. Due to the Court order, RCO-Hawaii can only award a contract to Ho'Opono, thus it is the only source available.

The period of performance on the current bridge contract (M00318-l 8-C-0003) will conclude before legal proceedings are resolved. Therefore, a new bridge contract is needed to avoid a lapse in service.

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

The preliminary injunction mandates that Ho'Opono be kept as food services vendor at MCBH by maintaining the current bridge contract and/or entering into similar contracts. As such, RCO-Hawaii conducted no additional market research or identification of sources, for an award to other than Ho'Opono would violate the Court order.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer bas determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

As stated above, RCO-Hawaii conducted a competitive acquisition in 2018, but is enjoined from implementing that award while arbitration and legal proceedings arc pending.

Therefore, no actions to remove barriers to future competition can be taken at this time.