IRC JA 2024_35_Redacted.pdf

CUI//SP-PROCURE//FEDCON

Control No: MICC 3034-35

Justification Review Document FAR 6 Justification and Approval Only One Responsible Source

Program/Equipment: Full Food Services (FFS) & Dining Facility Attendant (DFA) support at Fort Sill, OK

Authority: 10 U.S.C. 3204(a)(1) as implemented by FAR Part 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements

Amount: $10,602,756.00

Prepared by: DSN: 450-2236 Contract Specialist Date: 15 MAR 2024

Contracting Officer: DSN: 450-2243 Contract Officer Date: 15 MAR 2024

Technical: DSN: 793-1010 Logistics Manager Specialist Date: 15 MAR 2024

Requirements: DSN: 793-7966 Support Operations Date: 15 MAR 2024

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 Fort Sill Logistics Readiness Center (LRC) requests a firm- fixed- price modification to the existing bridge contract W5168W22C0002 with Southern Food Service Management, Inc. (referred to as Southern hereafter) at Fort Sill, OK. This modification will allow continued performance of Full Food Service (FFS)/Dining Facility Attendants (DFA) services. The LRC is requesting approval to extend performance for up to four (4) months under a two-month extension with the option to execute two, one-month option periods. The extension period of performance would begin 20 March 24. The extension would allow MICC-IRC ample time to award a new competitive Firm-Fixed- Price (FFP) contract. The solicitation for the competitive 100% small business set-aside was issued on 21 July 2023 with proposals received on the 25 August 2023 due date.

3. Description of Supplies/Services: The Contractor shall continue to provide all supervision, labor, personnel, equipment, materials, and supplies, with the exception of Government Furnished Property (GFP), to perform operational services of Army dining facilities to include receiving, storing, preparing, requisitioning and food serving.

The original bridge contract was awarded with a six-month base period with two, three-month option periods and included the six-month extension under FAR Clause 52.217-8. The performance periods are reflected as follows:

Current Bridge Period of Performance:

20 SEP 2022 to 19 MAR 2023 Value: $6,000,000.00 20 MAR 2023 to 19 JUN 2023 Value: $14,766,335.00 20 JUN 2023 to 19 SEP 2023 Value: $7,952,085.00 20 SEP 2023 to 19 DEC 2023 Value: $7,952,091.00 20 DEC 2023 to 19 MAR 2024 Value: $7,952,067.00

Total Value: $44,622,554.00

The requested extension will be awarded with a two-month base period with two, one-month option periods. The performance periods are reflected as follows:

Extension PoP:

20 MAR 2024 to 19 MAY 2024 Value: $5,301,378.00 20 MAY 2024 to 19 JUN 2024 Value: $2,650,689.00 20 JUN 2024 to 19 JUL 2024 Value: $2,650,689.00

Total Value: $10,602,756.00

b. Alternatives.

1) Southern has been identified as the only vendor with the requisite knowledge and capabilities to perform the FFS and DFA services for this extension at Fort Sill.

Southern is already on ground at Fort Sill and has performed these services for the past 18 months. Southern has performed in a satisfactory manner each month since the start of the bridging action. Southern also had advanced knowledge specifically of the Fort Sill food service operation.

2) Competition is not feasible in the timeframe available from the current Period of Performance end date and award of the competitive follow-on. Army full food service requirements generally require a procurement administrative lead time (PALT) of at least 235 days for actions under $250 million. 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) Suspending operations is not an option due to the large Basic Training and Advanced Individual Training Soldier population stationed and reliant upon DFACs at Fort Sill to fulfill their food service needs. In FY23, 4.1 million meals were served across all DFACs on Fort Sill. Fort Sill personnel do not have the capabilities or expertise to perform the required services associated with the FFS/DFA requirement.

4) Fort Sill does not have the 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. TRADOC Regulation 350-6, Chapter 5-11 specifically states the importance of maximizing the accessibility to fresh, healthy meals through the dining facilities. It specifically states, ‘Pre-packaged meals, such as the MRE should be minimized unless specifically required by the training mission.’ It further states that MRE consumption limits a Soldiers’ feeding time and minimizes nutrition by reducing his/her opportunity to re-fuel with healthy meals.

c. Failure to approve this J&A and extend services for this bridging action pursuant to FAR 6.302-1 will likely result in an unallowable risk to the Government by preventing food services to permanent party and training Soldiers at Fort Sill, OK.

6. Efforts to Obtain Competition: Competitive actions were not considered for extending services while the competitive solicitation is in the process of being worked for award by 20 May 2024. A competitive action is not possible for the extension requirement due to the short timeline to procure the services needed in order to prevent mission failure to the Government and subsequent phase-out with the incoming awardee from the competitive solicitation. Southern was contacted to continue to fulfill the services under the current bridge contract due to their past performance record and due to the fact that they are currently the Prime contractor on Fort Sill performing these services. Upon approach by the Government, Southern conveyed their interest and ability to continue to perform the required services under the proposed extension. This action will 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 an other than small business and the estimated dollar value of the base contract and all option periods exceeds, or is expected to exceed $750,000 ($1.5 million for construction of a public facility). IAW FAR 52.219-9, a subcontracting plan is currently in place for W5168W-22-C-0002. IAW FAR 19.705-2(e), due to subject modification, Southern will be required to submit an amended subcontracting plan with their proposal. The Government will coordinate review of the plan with the Small Business Professional (SBP) and Small Business Administration (SBA) Procurement Center Representative (PCR) as required by FAR 19.705-4(d)(7). Additionally, the approved plan will be incorporated and made a material part of the contract as required by FAR 19.705- 5(a)(5). Finally, a copy of the modification document will be provided to the Area Director for the SBA Area Office where the contract will be performed as required by FAR 19.705-6(a) and a copy of the final negotiated subcontracting plan will be provided to the SBA PCR as required by FAR 19.705-6(c).

7. Actions to Increase Competition: The Government issued a competitive solicitation on 21 July 2023. The follow-on award is projected for 20 May 2024.

8. Market Research: Market research was conducted from 3 April 2023 to 25 August 2023 by the Logistics Support Center and members of the contracting team in anticipation of executing the follow-on requirement. At that time, it was determined that while there were potentially capable vendors, an independent competition was not viable given the time constraints. In addition, the re-compete was in process. The Solicitation was posted to SAM.gov on 21 July 2023 and closed on 25 August 2023. In accordance with DFARS PGI 206.302-1, a previous sources sought synopsis (SSS) was posted to SAM.gov on 31 August 2023 and closed on 5 September 2023. Two vendors submitted technical capabilities statements. Both vendors were deemed potentially technically acceptable based upon their capability statements, but would not be able to meet the requirement start date. Southern was contacted to continue to fulfill the services under the bridging action due to their past performance record and due to the fact that they are currently the Prime contractor on Fort Sill performing these services. None of the circumstances have changed since that time, and the Army has made substantive progress in the evaluation of proposals received in response to the solicitation, with the award expected in two (2) months but no later than four (4) months.

9. Interested Sources: Significant competition was received in response to the solicitation for the competitive follow-on procurement. We do not anticipate a new solicitation would alter the make-up of the current vendor pool that submitted proposals.

Southern is the only source capable and willing to fulfill the requirements of the short suspense extension requirement due to their past performance, experience with fulfilling a similar short suspense bridging requirement at Fort Knox, KY and currently performing the contract at Fort Sill, OK. Southern conveyed their willingness and ability with personnel, equipment, and additional resources to continue to fulfill the needs of this requirement. No further vendor contacts were made.

10. Other Facts:

a. Procurement History

Contract number: W9124J-09-D-0003 Vendor: Oklahoma Department of Rehabilitation Services Award date: 1 DEC 2008 Competitive Status: Full and Open competition

Contract number: W9124L-16-D-0001 Vendor: Oklahoma Department of Rehabilitation Services Award date: 1 APR 2016 Competitive Status: 100% SB

Contract number: W9124J-19-D-0012 Vendor: Mitchco International, Inc Award date: 15 MAY 2019 Competitive Status:100% SB

Contract number: W5168W-22-C-0002 Vendor: Southern Food Service Management, Inc.

Award date: 27 SEP 2022 Competitive Status: Sole source, Unusual and Compelling Urgency Authority cited: FAR 6.302-2