Redated _ 1-IRC JA 2025_24 FGAVA FFS.pdf

CUI//SP-PROCURE//FEDCON

Control No.: MICC 2025-24

Justification Review Document FAR Part 6 Justification and Approval

For Other than Full and Open Competition

Program/Equipment: Full Food Services (FFS) & Dining Facility Attendant (DFA) support at Fort Gregg Adams, VA

Authority: 10 U.S.C. 3204(a)(2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency.

Amount: $30,000,000

Prepared by: Michael Schneider DSN: 450-2248 Contract Specialist Date: 19 DEC 2024 E-mail: michael.d.schneider.civ@army.mil

Contracting Officer: Jeffery D. Harris DSN: 450-2241 Contract Officer Date: 19 DEC 2024 E-mail: jeffery.d.harris.civ@army.mil

Technical: Stephen Green DSN: 793-1010 Logistics Manager Specialist Date: 19 DEC 2024 E-mail: stephen.j.green18.civ@army.mil

Requirements: John S. Puls DSN: 793-7966 Chief, Services Division Date: 19 DEC 2024 E-mail: john.s.puls.civ@army.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

John S. Puls DSN: 793-7966

_______________________________ Date: See digital signature

Small Business Professional:

Deanna Ochoa DSN: 450-2277

___________________________________ Date: See digital signature

Date: See digital signature

MICC Office of Counsel:

Gregg Sharp DSN: 450-0336

Director, MICC-Installation Readiness Center:

Michael J. Vicory DSN: 471-1191

Director, Field Directorate Office - Fort Sam Houston:

COL Randy Garcia DSN: 471-6472

Director, Small Business Program:

Luis O. Trinidad DSN: 450-2253

Alternate Advocate for Competition:

Scott D. Kukes DSN: 450-3015

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

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command- Installation Readiness Center � (MICC-IRC), Fort Sam Houston, TX.

2. Description of Action: The Army Sustainment Command requests a letter contract with Southern Foodservice Management, Inc., 431 Office Park Dr., Mountain Brook, AL 35233-2411 to fulfill an urgent need for Full Food Service (FFS)/Dining Facility Attendant (DFA) at Fort Gregg-Adams, VA. The Government projects award no later than the end of December 2024. This action will use Fiscal Year 2025 with 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 Gregg Adams, VA to include receiving, storing, preparing, requisitioning and food serving. This requirement will have a single 12-month performance period.

Period of Performance: 27 January 2025 � 26 January 2026 Value: $30,000,000.00

4. Authority Cited: 10 U.S.C. 3204(a)(2), as implemented by 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: The Army has a time sensitive need to provide full food services (FFS) and dining facility attendant (DFA) services at Fort Gregg-Adams, VA. An approved J&A and the award of a letter contract to Southern Foodservice Management is needed to mitigate a potential disruption in food service operations resulting from the Government�s decision to not issue a new Task Order to the State Licensing Agency under contract W5168W-23-D-0006 following the end of performance of the current Task Order on 26 January 2025.

The Virginia Department for the Blind and Vision Impaired (DBVI) has failed to provide acceptable levels of service in performance of the contract. Despite the Government�s repeated attempts to communicate these failures to DBVI and offer remediation, the Government continues to encounter and document serious deficiencies that put the health and safety of the soldiers at Fort Gregg-Adams at risk. There are numerous, oft-repeated deficiencies throughout the entire food services operation, to include but not limited to food quality issues, foreign objects in food, failure to clean and sanitize dinnerware and utensils, failure to wear gloves, failure to wash hands, failure to clean equipment, uncleaned dining areas, dirty restrooms, failure to follow proper headcount procedures, improper chemical storage, and slow service.

Corrective Action Requests (CARs) were issued for the current task order W91QF5-24-F-0006. The following CARs can be found in the Procurement Integrated Enterprise Environment (PIEE) Product Data Reporting & Evaluation Program (PDREP) system:

FEB 2024: 3 Level 2 CARs with 81 total deficiencies MAR 2024: 1 Level 3 CAR - EPA violation (pollutant discharge) 1 Level 2 CAR with 46 deficiencies APR 2024: 1 Level 3 CAR - Broken can opener blade served in food 2 Level 2 CARs with 81 total deficiencies MAY 2024: 1 Level 3 CAR - Soiled glove served in food 2 Level 2 CAR with 83 total deficiencies JUN 2024: 2 Level 2 CARs with 69 total deficiencies JUL 2024: 1 Level 3 CAR - EPA violation (pollutant discharge) 1 Level 2 CAR with 46 deficiencies AUG 2024: 2 Level 3 CARs - Piece of glove served in food and improper food preparation resulting in illness 2 Level 2 CARs with 61 total deficiencies SEP 2024: 2 Level 2 CARs with 57 total deficiencies OCT 2024: 1 Level 2 CAR with 42 deficiencies NOV 2024: 1 Level 3 CAR - Unfed soldiers during service time 1 Level 2 CAR with 52 deficiencies DEC 2024: 1 Level 4 CAR - Finding an empty bottle of alcohol at the headcount desk 1 Level 3 CAR � Several moldy foods / foreign object found in cooked rice

Over the past 10 months we reasonably anticipated DBVI would correct their performance problems and we would be issuing them another TO for continued performance commencing on 27 January 2025; however, since DBVI continues to this day to have such significant performance issues, to include issuance of 25 CARs documenting hundreds of deficiencies, we have made the decision to not issue another TO when the current one expires on 26 January 2025.

Corrective Action Plans (CAPs) were implemented for CARs issued early in the period of performance but have failed to remedy the root causes. A Cure Notice was issued 3 September 2024, but it too has failed to remedy the root causes.

b. Alternatives:

1) Southern Foodservice Management, Inc., hereinafter referred to as Southern, has been identified as the only vendor with the requisite knowledge and capabilities to perform the FFS and DFA services on short notice at Fort Gregg-Adams. Southern has proven to possess the unique resources and capabilities to rapidly mobilize and successfully integrate full food services to the Army under short notice circumstances.

Two recent contracts W9124D-21-D-0003, Fort Knox, KY and W5168W-22-C-0002, Fort Sill, OK, support Southern�s unique capabilities in taking over full food service operations and remedying emergent high-risk factors during terminated contracts caused by uncorrected poor performance by the incumbent vendor. Southern seamlessly phased in contractually, successfully restored food service operations at high-standard levels, and sustained Very Good � Exceptional CPARS performance under both contracts for their duration.

2) Competition is not feasible in the timeframe available. Army full food service requirements generally require a procurement administrative lead time (PALT) of at least 235 days. The scope of the FFS/DFA greatly limits the number of vendors capable of immediately performing these services in the expedited timeframe required to prevent operational failure.

3) There are no military culinary specialists (MOS 92G) to take over operation of the DFACs without a contractor operating the DFACs; they would be forced to cease operations. Most of the personnel who utilize these DFACs are trainees who do not have other options from which to obtain their food sustenance. The limited gaps in their training schedules do not permit them to obtain food elsewhere. Fort Gregg-Adams does not have the Meal-Ready-to-Eat (MRE) stock available to feed Soldiers for any length of time. In addition, MRE usage sub-optimizes nutrition for Soldiers which puts Army readiness, at risk. Army Training and Doctrine Command (TRADOC) Regulation 350-6, Chapter 5-10 specifically states the importance of maximizing the accessibility to fresh, healthy meals through the dining facilities. It specifically states �Prepackaged meals, such as the MRE should be minimized unless specifically required by the packaged meals, such as the MRE should be minimized unless specifically required by the training mission. It further states that MRE consumption limits a Soldier�s feeding time and minimizes nutrition by reducing his/her opportunity to re-fuel with healthy meals. Furthermore, although Army Regulation 40-25 considers MREs to be nutritionally complete, it indicates that MREs should only be consumed as the sole ration for up to 21 days; after that, other ration types such as Unitized Group Rations (UGR) will be included in the ration mix. This is not feasible due to the lack of 92G�s to prepare UGR�s.

The Army�s primary regulation dealing with the operation of DFACs, Army Regulation 30-22, also highlights that the food provided at DFACs are designed with the goal of improving a soldier�s readiness as well as their physical and cognitive readiness.

It further states that objectives include ensuring Soldiers are offered safe, nutritionally balanced, sufficiently varied, and appealing meals that are time phased appropriately in environments that range from fixed installation dining facilities (DFACs), extended delivery options to contingency operations.

c. Impact if justification not approved. Not having the DFACs in operation will cause serious injury to the United States by having trainees who are unable to consume food during a schedule that would allow them to carry out the training requirements and/or having trainees forced to consume MREs long-term which lowers their readiness via nutritional imbalances that negatively impact their physical and cognitive readiness.

6. Efforts to Obtain Competition: A competitive action is not possible for this requirement due to the short timeline to procure the services needed to prevent mission failure to4 the Government. Southern was contacted to fulfill the short suspense action due to their past performance record and their recent experiences in July 2021 and September 2022 in providing food services upon short notice at Fort Knox, KY and Fort Sill, OK. Upon approach by the Government, Southern conveyed its interest and ability to perform the required food services for Fort Gregg-Adams within the short timeline required. In accordance with FAR 5.202(a)(2), this action will not be synopsized.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: Per FAR 52.219-9(d)(9), federal contractors are required to develop and maintain an acceptable subcontracting plan if they are other than a small business and the estimated dollar value of the base contract and all option periods exceed, or is expected to exceed $750,000 ($1.5 million for construction of a public facility). The Government will require a plan from Southern in support of this action unless there is an appropriate justification for the Contracting Officer to waive the requirement.

7. Actions to Increase Competition: The letter contract resulting from this J&A will cover only the minimum period of performance necessary to plan for and execute a follow-on contract. Procurement of full food service actions are subject to the Randolph Sheppard Act. Consequently, the Government may issue a competitive solicitation for that follow-on, or in accordance with the R-SA priority, elect to enter direct negotiations with the Virginia Department of the Blind and Vision Impaired.

8. Market Research: Market research was not conducted due to the urgent nature of this procurement need that requires immediate remedy through a letter contract.

Southern was identified as the required vendor based on its corporate experience and relevant past performance as documented in CPARS and contract surveillance reports.

9. Interested Sources: Southern was contacted to gauge their willingness and ability to fulfill the requirements of the short suspense requirement. They conveyed their willingness and capability with personnel, equipment and additional resources to fulfill the needs of this requirement.

10. Other Facts:

Procurement History.

Contract number: W5168W-23-D-0006 Vendor: Virginia Department of the Blind and Vision Impaired Award date: 27 January 2023 Competitive Status: Direct negotiations via Randolph Sheppard Act

Contract number: W9124J-23-D-0010 Vendor: Mitchco International, Inc.

Award date: 31 January 2022 Competitive Status: 100% SB (Subject to Randolph Sheppard Act Priority)

Contract number: W91QF5-17-D-0003 Vendor: Cantu Services, Inc Award date: 28 June 2017 Competitive Status: 100% SB (Subject to Randolph Sheppard Act Priority)

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

_______________________________ Date: See digital signature Stephen Green Logistics Management Specialist

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

John S. Puls Chief, Services Division

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Fair and reasonable cost will be established by using the IGE and previous contract pricing. As part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403): A commercial item is being acquired.

Jeffery Harris Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Jeffery Harris Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of full food services and dining facility attendant support on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 3204(a)(2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency. The estimated value of the contract is $30 million for a period of twelve-months, from 27 January 2025 � 26 January 2026.

The approval is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

WADE C. COLE

Senior Contracting Official U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX