MDBS 12D0002 JA 9 months.pdf

Control Number: HDEC02-20-19

JUSTIFICATION REVIEW DOCUMENT

Description of Acquisition: Modification P00016 was issued to add 6 stores to the existing contract HDEC02-12-D-0002 with Military Deli & Bakery Services, Inc. to provide uninterrupted delivery of deli/bakery and sushi, where applicable, products to six (6) commissary locations, McGuire AFB, Carlisle Barracks, Fort Drum, Fort Hamilton, West Point and Saratoga Springs, assigned to the Defense Commissary Agency East Area for a period of six months from May 1, 2020 through October 31, 2020. At this time, an additional extension is necessary to extend for three months from November 1, 2020 through January 31, 2021.

Statutory Authority: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2 unusual and compelling urgency.

Performance Period: May 1, 2020 – January 31, 2021

J&A Original Amount: $33,193.44

Prepared by: Irma Weaver Contract Specialist Telephone (804) 734-8000, 86120 Date/Initials: 10/26/20/IW

Technical/: Darrell Clary Category/Program Manager Requirements Telephone (804) 734-8000, 48866 Date/Initials: __________

PCO: LeAnna F. Stith Contracting Officer Telephone (804) 734-8000, 86414 Date/Initials: __________

Required Review Signatures:

Reviews: We have reviewed the J&A and find that justification is adequate to support other than full and open competition.

Program Manager: Darrell Clary Telephone: (804) 734-8000, 48866

Signature: ___________________ Date: _________________

Legal Counsel: Daniel O’Connor Telephone: (804) 734-8000, 86189

Signature: ___________________ Date: _________________

Branch Chief: Rhonda V. McDougal Telephone: (804) 734-8000, 48893

Signature: ___________________ Date: _________________

Competition Advocate: Floyd Kirkland Telephone: (804) 734-8000, 86223

Signature: ____________________ Date: __________________

STITH.LEANNA.

F.1388173889

Digitally signed by

STITH.LEANNA.F.13881738

Date: 2020.10.26 16:38:11 -04'00'

SYKES.PATRICIA.

K.1185206293

Digitally signed by

SYKES.PATRICIA.K.1185206293

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DECA, cn=SYKES.PATRICIA.K.1185206293 Date: 2020.10.28 14:22:23 -04'00'

SYKES.PATRICIA.K.1185206293

Digitally signed by SYKES.PATRICIA.K.1185206293 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DECA, cn=SYKES.PATRICIA.K.1185206293 Date: 2020.10.28 14:22:59 -04'00'

O'CONNOR.DANIEL.PAT

RICK.1408820797

Digitally signed by

O'CONNOR.DANIEL.PATRICK.1408820797

Date: 2020.10.28 14:43:12 -04'00'

MAYS.JUDGE.F.III.1229531839 Digitally signed by MAYS.JUDGE.F.III.1229531839 Date: 2020.10.28 16:09:51 -04'00'

KIRKLAND.FLOYD.L.

JR.1067833224

Digitally signed by

KIRKLAND.FLOYD.L.JR.1067833224

Date: 2020.10.28 16:53:07 -04'00'

Control Number: HDEC02-20-19

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Office: Defense Commissary Agency (DeCA), Resale Contracting Division, Resale Services Support Branch (CCQRR), 1300 E Avenue, Fort Lee, Virginia 23801-1800.

2. Type of Contract Action: Modification of contract HDEC02-12-D-0002 with Military Deli & Bakery Services. P00016 added six (6) stores (McGuire AFB, Carlisle Barracks, Fort Drum, Fort Hamilton, West Point and Saratoga Springs) to the existing contract for a period of six months, an additional extension will add three months. In totality the extended performance period consists of nine (9) months from May 1, 2020 through January 31, 2021. The contract type is a FFP requirements type. The Resale Stock Fund Activity, Defense-Wide Working Capital Fund, provides funding.

3. Description of Supplies/Services: This action provides deli/bakery services to six (6) commissary locations in New York, Pennsylvania and New Jersey. At the proposed 1% patron savings, the nine month period of performance has a value of $33,193.44.

4. Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2 Unusual and Compelling Urgency.

5. Reason for Authority Cited: Contract number HDEC02-12-D-0004 for deli/bakery operations within the six (6) aforementioned commissaries expired on April 30, 2020. DeCA solicited for the services from December 2019 through January 2020, but received no responses to its solicitation which was posted for 45 days on beta.sam.gov. A modification to contract HDEC02-12-D-0002 was necessary to continue services from May 1, 2020 through October 31, 2021. The solicitation to replace contract HDEC02-12-D-0002 encountered additional delays which necessitate an additional 3 month extension until January 31, 2021. In the absence of a contract, the commissary covered under this modification would have been without assorted deli/bakery products and the service members serviced by these commissaries would have been denied their commissary benefit provided by statute under 10 USC §2481 and 10 USC §2484.

The commissary benefit is the cornerstone of the military quality of life and it is essential that DeCA provide a fully operational commissary through the most expeditious means possible.

Loss of these products would negatively impact DeCA’s mission to provide for the military and their families.

6. Efforts to Obtain Competition: As stated above, DeCA initially posted a full and open competitive Request for Proposal to Beta.SAM.Gov for the six stores, but received no responses.

The six stores were later added to a procurement for 16 other stores and resolicited successfully and award is anticipated NLT November 30, 2020, with full performance anticipated by February 1, 2021.

These modifications (P00016 and pending P00018) limited competition to contractors that are currently providing this identical service within DeCA commissaries today. Competition was

HDEC02-20-19

limited predicated upon the previous history that only current deli/bakery contractors have a) the in-depth knowledge of DeCA’s extensive performance requirements, b) the readily available pre-established sub-contracts for a diverse range of products and services, (c) proven resources at their disposal to expeditiously hire employees having credentials that will permit authorized clearance on military installations and (d) the capability of commencing operations within days/weeks from the date of award.

7. Fair and Reasonable Cost Determination and Contracting Officer Certification: The vendor proposed a 1% savings which meets the Government’s estimate. The Contracting Officer determined that the anticipated cost to the Government for the contract modifications for the nine

(9) month performance period is fair and reasonable in accordance with FAR 15.404-1(b)(2)(v) comparison with the Government’s estimate.

8. Market Research and Interested Sources: Based on the circumstances, it was determined that only DeCA’s current contractors would have the ability to react efficiently and within a significantly reduced administrative timeline. Critical to the commissary benefit afforded by DeCA, this shortened acquisition cycle greatly minimized the pool of interested and capable sources. This modification was issued to a deli/bakery contractor currently providing this identical service to DeCA commissaries.

9. Actions to Increase/Foster Competition: This extension is for a limited amount of time.

While this temporary measure is in place, DeCA is in the process of evaluating offers for a requirement which includes the six stores in NY/NJ/PA.

HDEC02-20-19

Technical/Requirements Certification:

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Name: Darrell Clary Program Manager

Signature: _____________________ Date: _______________

Fair and Reasonable Cost Determination and Contracting Officer Certification:

I hereby determine that the anticipated cost for this contract action are fair and reasonable. I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Name: LeAnna F. Stith Contracting Officer

Signature: ______________________ Date: ________________

APPROVAL

Based on the above mentioned justification, I hereby approve the procurement utilizing limited competition for the continuation of services of In-Store Specialty Delicatessen and Bakery Resale Operations within six (6) commissaries, on an unusual and compelling urgency basis pursuant to the authority of 10 U.S.C. 2304(c)(2), provided funds are available, or will be available and provided that the services and property herein described have otherwise been authorized for acquisition.

APPROVED:

Signature: ______________________ Date: _________________

LeAnna F. Stith Contracting Officer

STITH.LEANNA.F.1388173889 Digitally signed by STITH.LEANNA.F.1388173889 Date: 2020.10.26 16:38:34 -04'00'

SYKES.PATRICIA.K.1185206293

Digitally signed by SYKES.PATRICIA.K.1185206293 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DECA, cn=SYKES.PATRICIA.K.1185206293 Date: 2020.10.28 14:23:36 -04'00'

STITH.LEANNA.F.138817388

Digitally signed by

STITH.LEANNA.F.1388173889

Date: 2020.10.28 17:06:00 -04'00'