McCoy JA 2025_37_Redacted.pdf

Control No.: MICC 2025-37

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

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command – Fort McCoy, 1108 South R Street, Fort McCoy, WI 54656

2. Description of Action: The Logistics Readiness Center at Fort McCoy requests a firm-fixed-price indefinite delivery/indefinite quantity (IDIQ) contract to fulfill an urgent need for Full Food Service at Fort McCoy, WI. The Government projects award no later than the end of January 2025. Task orders issued against the IDIQ will use Fiscal Year 2025 Operation and Maintenance, Army (OMA) funds.

3. Description of Supplies/Services: The Contractor shall provide all supervision, labor, personnel, equipment, materials and supplies, except for Government Furnished Property (GFP), to perform operational services of Army dining facilities (DFACs) at Fort McCoy, WI to include receiving, storing, preparing, requisitioning and food serving.

Performance Period: 01 FEB 2025 – 31 MAY 2025 Value $1,168,486.52.

4. Authority Cited: 10 U.S.C. 3204(a)(2) as implemented by Federal Acquisition Regulation (FAR) 6.302-2 - Unusual and Compelling Urgency.

5. Reason for Authority Cited: As described at FAR 6.302-2, when the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

a. Background. On 15 January 2025, MICC – Fort McCoy received notification that a GAO protest B-423279 was filed on 15 January 2025 by Delta Vector USA, LLC for solicitation W5168W-24-R-0017. The notification required a Stop Work order of contract award W5168W-25-D-0006 which is a follow-on to contract to W9124J-19-D-0005.

The current contractor, DCT Inc., has all required tools and highly trained employees on board that have been supporting this requirement for the previous two contracts dating back to 2013. A new contractor would require a phase-in period to complete all the necessary functions to be compliant (background checks, CAC cards, training certifications for employees) which there was not adequate time to accommodate. DCT would be able to seamlessly continue work under the bridge contract while a new contractor could not.

b. Alternatives. One alternative discussed was having a different contractor quote on the bridge contract. The issue with this was having them up to speed to be in compliance with the requirements within the approximately two week period between when the protest was made the and the period of performance on the bridge needed to begin.

c. Impact if justification not approved. If this justification is not approved, a bridge contract cannot be awarded in time and there will be a lapse in service. If there is no Full Food Service available to the soldiers on Fort McCoy, it will negatively impact the mission of soldiers that rely on those services.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

a. Effective competition: This interim action is a result of the protest that resulted for a competitive solicitation that included effective competition.

b. Subcontracting competition: The current contractor is a small business who does not utilize subcontractors.

7. Actions to Increase Competition: The follow-on contract for this requirement has been fully advertised and was competed as a 100% Set-Aside for Small Business. This interim action will provide time for adjudicating the protest and implementing the results.

It does not include a provision for implementing significant corrective action that results in a major revision to the solicitation, evaluation, and award process should GAO direct that action.

8. Market Research: In accordance with FAR 5.202(a)(2), the proposed contract action is made under the conditions described in FAR 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203. Significant market research had been accomplished prior to the solicitation of the action that is a subject to the two protests. The competition that ensued was robust as evidenced by the fact that the awardee, and four eventual unsuccessful offerors submitted proposals.

9. Interested Sources: This action was not synopsized due to the urgency of needing an interim contract to perform the full food service as a result of issuing the stop work order. No other vendor besides DCT expressed interest or the ability to begin performance 1 February 2025.

10. Other Facts:

a. Procurement history

Contract: W9124J-19-D-0005 Contractor: DCT, Inc.

Award Date: 21 December May 2018

Competitive Status: Small Business Set-Aside

Contract: W911SA-13-D-0006 Contractor: DCT, Inc.

Award Date: 10 May 2013 Competitive Status: Small Business Set-Aside

b. As stated above, the GAO notification and suspension of award occurred in mid-

January. There was not adequate time for the Army to properly post the intent to sole source or solicit, evaluate, and negotiate the sole source proposal without extreme measures needed to ensure critical support services continued.