Signed RFO MFR_Limiting_Competition_under_SAT_Redacted1.pdf

CUI//SP-PROCURE//FEDCON

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

Department of the Army U.S. Army Mission and Installation Contracting Command – Fort Belvoir

Findings

Pursuant to the requirements of RFO FAR 12.102 (a) Restricting Competition and RFO FAR 1.504, I hereby find that: This acquisition for The Pentagon US Army Executive Dining Facility (ARDEF) should be awarded on a sole source basis to Kim Co Refrigeration Corp; Do Business As “ Day & Nite Refrigeration. CAGE: 7DVX8, 10 Charles St New Hyde Park, New York 11040-4862. The total estimated value is $305,000 for base year and four (4) option periods.

1. Requiring Activity: Office of the Administrative Assistant to the Secretary of the Army (OAA), Army Executive Dining Facility (ARDEF), The Pentagon

2. Contracting Activity: Mission and Installation Contracting Command (MICC) – Fort Belvoir, 9410 Jackson Loop, Bldg. 1425, Fort Belvoir, VA 22060

3. Description of Action: The Army Executive Dining Facility (ARDEF) located within the Pentagon requires uninterrupted operation of its commercial kitchen and refrigeration equipment. Regular preventive maintenance and rapid-response repair capabilities are required to prevent equipment failure, ensure food safety compliance, and support its core mission without disruption

Nature of Requirement: New Follow-on Extend

Brand Name: Yes No

Contract Vehicle: Purchase Order

Blanket Purchase Agreement (BPA) Order/BPA against FSS Contract #______________________ Order against multiple award IDIQ Contract Order against a single award IDC Contract Modification to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Cost Reimbursable

Funds:

Operations & Maintenance, Army (OMA) Other Funds: __________

Name of Proposed Contractor(s) and Address: Kim Co Refrigeration Corp; Do Business As “ Day & Nite Refrigeration. CAGE: 7DVX8, 10 Charles St New Hyde Park, New York 11040-4862

4. Description of Services: The requirement includes immediate, on-call, and preventive maintenance for commercial kitchen, refrigeration, and food-service equipment essential to the uninterrupted operations of the Army Executive Dining Facility (ARDEF). The contractor shall provide all personnel, equipment, supplies, tools, materials, supervision, and other items and non-personal services necessary to perform preventive maintenance and repair labor for the ARDEF as defined in this PWS, except for those items specified as government-furnished property and services. The contractor shall meet the standards in this contract.

• IDIQ Ordering Period Period Ordering Period

Base Year 15 August 2026 – 14 August 2033

• Known requirement Task Order Period Period of Performance (POP) Estimated Value

Base Year 15 August 2026 – 14 August 2027 $60,5000

Total Value: $60,500.00

5. Authority: Select the appropriate authority below:

FAR 12.201-1 For commercial acquisitions valued at or below the simplified acquisition threshold

Limiting Sources when Ordering under the Federal Supply Schedule

GSAM 538.7104-3(b)(1)(i) - Urgency GSAM 538.7104-3(b)(1)(ii) - Only One Source is Capable GSAM 538.7104-3(b)(1)(iii) - Logical Follow-on GSAM 538.7104-3(b)(1) (iv) - Satisfy minimum guarantee GSAM 538.7104-3(b)(1) (v) - Authorized or required by statute GSAM 538.7104-4 - Items peculiar to one manufacturer

Exceptions to Fair Opportunity

FAR 16.507-6(b)(1) - Unusual and urgent need FAR 16.507-6(b)(2) - Only One Awardee is Capable FAR 16.507-6(b)(3) - Logical Follow-on FAR 16.507-6(b)(4) - Minimum Guarantee FAR 16.507-6(b)(5) - Statute Authorizes / Requires Purchase from Specified Source FAR 16.507-6(b)(6) - Satisfies Exception under FAR 6.103 FAR 16.507-7 - Items peculiar to one manufacturer

6. Reasons for Authority Cited:

a) Day & Nite currently services the White House Military Office (WHMO) Navy

Mess, an executive-level environment with security and access protocols that exceed those of the Pentagon, where the ARDEF resides. Because Day & Nite personnel already possess active, verified credentials for restricted presidential-support dining facilities, the Government entirely bypasses the standard security onboarding bottlenecks. Leveraging a vendor with pre-cleared, highly vetted personnel ensures immediate operational readiness and eliminates critical transition delays. A sole-source award is justified because only one responsible vendor (Day & Nite) possess the high level security approver and verified credential to access the dining facilities within ARDEF and can meet the Government’s immediate operational, security, and continuity requirements.

b) Awarding the Army Executive Dining Facility (ARDEF) on a sole source to Kim Co Refrigeration Corp; Do Business As “ Day & Nite Refrigeration met the immediate mission-critical need and proved already vetted security clearance for Pentagon access to perform work.

c) Unique capability and proven performance: Day & Nite has specialized expertise in commercial kitchen and refrigeration systems identical or similar to those in the ARDEF, demonstrated ability to provide rapid response and continuity of service, and existing familiarity with federal executive dining operations. This combination is not available from other known vendors.

d) Cost advantage over less capable alternatives: Market research shows that Day & Nite’s pricing is lower than the existing Navy Mess contract, despite t offering less capable and slower response services. Awarding to Day & Nite provides lower annual cost, higher technical capability, and reduced operational risk, when compared with other historical pricing.

e) Access restrictions limit viable sources: Vendors must meet Pentagon access requirements, food-service sanitation standards, executive-level service expectations, and rapid response capability. Few vendors can meet these simultaneously. Day & Nite is the only known vendor that meets all requirements immediately, without delay.

f) Competition is impracticable under current conditions: Due to immediate operational need, security clearance requirements, specialized equipment knowledge, and lower cost/higher capability compared to alternatives, soliciting additional sources would delay mission-critical repairs and increase cost and risk.

7. Publicizing Contract Actions:

a. The public display and synopsis requirements of FAR 5.101(a) and FAR 5.101(d) do not apply, less than $20K threshold apply and will be followed IAW RFO 6.301(b) do not apply due to an exception at FAR 5.101(b)(1)( )

b. Requirement to post justification in accordance with, FAR 12.102(a)(2), GSAM

538.7104-3(a)(3) or FAR 16.507-6(f) unless:

Action is not a brand name restriction and is under SAT, no posting required.

Action is a brand name restriction, under $40K, no posting required.

Action is a brand name restriction over $40K but will not be posted due to the following exception:

FAR 6.301(e) GSAM 538.7104-3(b)(3)(i)(B) FAR 16.507-6(f)(4)

8. Market Research: Market research was conducted in accordance with FAR Part 10 to identify capable commercial sources within the National Capital Region. While several commercial kitchen maintenance vendors exist in the local market, an evaluation of their capabilities against the ARDEF's stringent requirements revealed significant operational shortfalls. Specifically, standard commercial vendors lack the pre-vetted personnel required for immediate, unescorted access to restricted Pentagon facilities, which would result in unacceptable mission delays. Furthermore, historical performance data for the ARDEF indicates that utilizing general commercial vendors without specialized executive dining expertise has previously resulted in inadequate repairs, extended equipment downtime, and excessive, compounded service fees due to repeated diagnostic and corrective visits. Only Day & Nite demonstrated the simultaneous ability to meet the urgent timeline, satisfy the rigorous security access protocols, and provide proven, reliable technical expertise in comparable executive-level federal dining environments

9. Other Facts: Due to the time constraints involved with procuring this requirement, it is not feasible to promote full and open competition. The Contracting Officer will make publicly available the Justification for Approval within 14 days after contract award IAW RFO 6.301(b) to obtain other competition for potential future needs.

10. Technical/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.

11. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The basis for the determination will be the use of price analysis techniques. As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government.