M0031820R0004 Approved J&A_REDACTED.pdf

UNITED STATES MARINE CORPS

MClPAC REGIONAL CONTRACTING OFFICE

- HAW All MARINE CORPS BASE HAW All BOX 63063 KANEOHE BAY HAW All 96863-

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

MCBH4200

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, storeroom operations, equipment maintenance and repair, motor vehicle operation and cashier tasks at facilities within the Marine Corps Base Hawaii ("MCBH") Food Service Program. The period of performance is anticipated at two months. The estimated value is , requiring operations and maintenance funds as detailed in the following table.

Performance Period Fiscal Year Funds (O&MN) Amount

3/1/20 - 4/30/20 2020

TOTAL

The bridge contract must be awarded by 29 February 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.

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, which commenced 1 March 2013. As the performance on that contract neared completion in 2018, RCO-Hawaii recompeted the requirement, ultimately awarding to an 8(a) service-disabled veteran-owned small business ("TSG") 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 ofHo'Opono in June 2018, prohibiting implementation of the award to TSG 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 TSG and entered into a bridge contract with Ho'Opono. The total length of the bridge contract, 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 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 hall 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, to include all extensions available under FAR 52.217-8, concludes on 29 February 2020. 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. RCO-Hawaii conducted no additional market research, for an award to other than Ho' Opono would violate the Court order. However, in accordance with DF ARS PGI 206.302-1 ( d), RCO-Hawaii posted an RFI to beta.SAM.gov. The RFI alerted potential responders to the sole source nature of this procurement, as well as the on-going legal proceedings, and advised that competitive procurement was not anticipated at this time. Therefore, RFI responses will not be considered while RCO-Hawaii is enjoined from awarding to other than Ho'Opono.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has 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 are pending.

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

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION:

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

FIGUEROA.LISA.MA Digitallysignedby

FIGUEROA.LISA.MARIE

RI E. Date: 2020.01.08 12:07:23 -10'00'

CW03 Lisa Figueroa

LEGAL SUFFICIENCY REVIEW:

I have determined this Justification is legally sufficient.

M~

CONTRACTING OFFICER CERTIFICATION:

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

./ ! il Lit.. ~$)

CHIEF OF THE CONTRACTING OFFICE APPROVAL:

Upon the basis of the above justification, I hereby approve, as Chief of the Contracting Office, MCIP AC, RCO-Hawaii, the solicitation of the proposed procurement described herein using other than full and open competition, pur e authority of 10 U.S.C. 2304(c)(l).