Sole_Source_Justification_140A0425P0036.pdf

Page 1 of 4 (5/16/2025)

United States Department of the Interior

OFFICE OF THE SECRETARY

Washington, DC 20240

SOLE SOURCE JUSTIFICATION

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901

PR No. 44004271 CONTROL No. JA25-00199

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Sole Source Justification.”

This document serves as a Justification for Other Than Full and Open Competition in accordance with FAR 13.501. It is issued by the Department of the Interior, Bureau of Indian Affairs (BIA), Office of Justice Services (OJS), Corrections Program, and is specifically designated as a Sole Source Justification.

2. Nature and/or description of the action being approved.

The proposed action is the issuance of a Purchase Order to provide weekly food deliveries for inmate consumption at the following Bureau of Indian Affairs, Office of Justice Services correctional facilities:

Blackfeet Adult Detention Center – Browning, MT Fort Belknap Adult Detention Center – Harlem, MT Wind River Detention Center – Washakie, WY

The requirement supports a one-year performance period, with an estimated total value of

Requirement:

New Follow-on Requirement Modification to existing order

Pricing:

Firm-Fixed Price Time & Materials Other _____________

3. List the name of the proposed contractor or identify the vendor(s) considered if applicable.

Name of Proposed Contractor: Sysco Montana, Inc.

Street Address: 1509 Monad Road City, State, Zip: Billings, MT 59101

4. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The Bureau of Indian Affairs, Office of Justice Services requires weekly delivery of food supplies necessary to prepare three daily meals and one snack for approximately 20 inmates per day, 365 days per year, at three adult detention centers. The food supplies must support the preparation of nutritionally balanced meals in accordance with applicable federal and facility dietary guidelines.

The estimated value of this requirement is for the one-year performance period.

5. An Identification of the statutory authority permitting other than full and open competition.

This acquisition is being conducted under the authority of the Simplified Procedures for Certain Commercial Products and Commercial Services. The statutory authority permitting other than full and open competition is 41 U.S.C. § 1901, as implemented by FAR 13.501(a)(1)(ii). This provision allows for sole source acquisitions when the award is made under simplified acquisition procedures for commercial items and the contracting officer determines that only one source is reasonably available.

6. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Sysco Montana, Inc. is currently the only supplier capable of providing uninterrupted food delivery services required by the Bureau of Indian Affairs (BIA) at the identified detention centers. The contractor has an established performance history at the Rocky Mountain Detention Center, where it has consistently delivered timely, high-quality service in full compliance with BIA standards and regulatory requirements. Its familiarity with BIA operational protocols, coupled with a fully functional distribution network and trained personnel, enables immediate scalability and eliminates the risk of service disruption.

Utilizing an alternate vendor would likely require indirect sourcing from Sysco Montana, Inc., effectively creating a pass-through arrangement that would increase costs and administrative complexity without offering additional value. Given the critical nature of food service continuity in detention operations, Sysco Montana, Inc.'s unique qualifications and existing infrastructure make it the only responsible source capable of meeting these requirements without unacceptable delays or risk, thereby justifying use of the cited authority.

7. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Due to the requirement for uninterrupted food delivery services and the contractor’s demonstrated performance with similar BIA detention facilities, the decision was made to proceed with a sole source acquisition under the authority of FAR 13.501. Sysco Montana, Inc. is uniquely positioned to fulfill the current need without risk of service disruption, making full and open competition impracticable for this requirement.

A synopsis of the proposed sole source award will be publicized on SAM.gov, and the Justification for Other Than Full and Open Competition will be posted for public inspection for a minimum of 14 days, as required. The agency will continue to evaluate future needs and market conditions to determine whether competitive procedures are appropriate for subsequent procurements.

8. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated cost to the Government for this contract action is fair and reasonable. This determination is based on a comparison of recent pricing for similar services under previous procurements involving the same or substantially equivalent requirements.

Sysco Montana, Inc. has provided these food delivery services as a subcontractor in prior years, demonstrating consistent and reliable pricing. Given their past performance and established pricing history, the cost estimate for this action is considered both accurate and reasonable to meet the agency’s needs

9. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Recent market research, as referenced in Section 7, confirms that Sysco Montana, Inc. is currently the only supplier capable of providing uninterrupted food delivery services required by the Bureau of Indian Affairs at these detention centers. This research supports the sole source approach for this bridge contract.

More extensive market research and competitive acquisition efforts are planned for the longer-term requirement once this interim contract concludes. This action is therefore considered a temporary measure until the comprehensive recompete can be completed.

10. Any other facts supporting the use of justification of other than full and open competition, such as:

Previously, the services were provided by AMG, a company under the ISBEE program.

However, AMG subcontracted the food delivery to Sysco Montana, Inc., and invoiced the government at rates approximately 18.5% higher than direct costs. Given this inefficiency and overcharging, AMG is not considered a qualified or viable source for competition for this requirement.

11. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.