FAR-Part13-5-Sole-Source-JA_ACC - DFAC Bridge Contract -Final (Redacted).pdf

Control Number: 20-02W

Contractor: Wandling Corporation

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Dining Facility Attendant (DFA) services with Contingency Cook Augmentation for Logistics Readiness Center (LRC) and Bassett Army Community Hospital (BACH) to provide facility sanitation and janitorial duties, and the potential for food preparation to support the warfighter with flexible, efficient and cost effective food service.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: $2,622,099.60, for a 3-month base ($874,033.20) and 6-month extension of services, as needed ($1,748,066.40).

Prepared by: O’cie Hendricks DSN: (317)353-2754 Contract Specialist Date: 12/11/2019 Email: ocie.d.hendricks.civ@mail.mil

Contracting Officer: Patricia Hutcherson DSN: (317)353-7390 Division Chief, Yukon Division Date: 12/11/2019 Email: patricia.j.hutcherson.civ@mail.mil

Technical: Ryan Krueger DSN: (317)361-6577 Chief of Supply and Services Date: 12/11/2019 Email: ryan.g.krueger.civ@mail.mil

Requirements: Ryan Krueger DSN: (317)361-6577 Chief of Supply and Services Date: 12/11/2019 Email: ryan.g.krueger.civ@mail.mil

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Typed Name: Ryan Krueger

DSN: (317)361-6577

Signature:

Legal Counsel:

Typed Name: Italia A. Carson, Esq.

DSN: (907) 353-6232

Signature:

mailto:ocie.d.hendricks.civ@mail.mil mailto:patricia.j.hutcherson.civ@mail.mil mailto:ryan.g.krueger.civ@mail.mil mailto:ryan.g.krueger.civ@mail.mil ocie.d.hendricks.civ Sticky Note Accepted set by ocie.d.hendricks.civ ocie.d.hendricks.civ Sticky Note Accepted set by ocie.d.hendricks.civ ocie.d.hendricks.civ Sticky Note Completed set by ocie.d.hendricks.civ ocie.d.hendricks.civ Sticky Note None set by ocie.d.hendricks.civ ocie.d.hendricks.civ Sticky Note Accepted set by ocie.d.hendricks.civ

Control Number:

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: Regional Contracting Office – Alaska

2. Description of Action: LRC and BACH requests a firm-fixed-price bridge contract with Wandling Corporation. The Government projects award on 8 January 2020 and fiscal year 2020 operations and maintenance funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The required bridge contract is for a non-personal service, to provide a quality food service program that supports the warfighter with flexible, efficient and cost effective food service. The Contractor shall provide all supervision, labor, personnel, equipment, materials and supplies, with the exception of Government Furnished Property (GFP), to perform activities that comprise the Dining Facility Attendant (DFA) services. This support will focus primarily on the following areas:

food preparation if necessary, facility sanitation and janitorial duties.

Base Period (3 months): 8 January 2020 to 7 April 2020 Value: $874,033.20

FAR Clause 52.217-8: 8 April 2020 to 7 October 2020 Value: $1,748,066.40 Total: $2,622,099.60

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. § 1901(e)(2) and 10 U.S.C. § 2304(f)-(g), as implemented by FAR 13.106-1(b)(2) and 13.501(a)(1)(ii).

5. Reason for Authority Cited:

(a) A competitive acquisition to award a follow-on contract for DFA services for two military dining facilities (DFACs) on Fort Wainwright, Alaska, was delayed due to a GAO protest (B-418131) in October 2019. The GAO dismissed the protest as academic and without prejudice in November 2019. After considering the asserted grounds for protest, the Agency decided to review the original source selection decision and the initial proposals for a determination as to whether a new source selection decision was necessary under Solicitation No. W912D0-19-R-0016. As such, a bridge contract is necessary in order to maintain uninterrupted DFA services on Fort Wainwright, Alaska, while the Agency’s source selection authority conducts a subsequent independent review of the initial proposals for the follow-on contract.

(b) The current DFA services contract expires on 7 January 2020. Soldiers are prohibited from performing DFA services at a military DFACs absent approval by Headquarters, Department of the Army (DALA-SUF). See AR 30-22, para. 3-42c(2).

Therefore, a bridge contract must be awarded within the next two weeks to a contractor that is reasonably available to perform the requirement on 8 January 2020. The Agency has determined competition cannot be obtained to the maximum extent practicable. See

cf. FAR 13.104. Currently, incumbent Wandling Corporation, the protester in B-418131, is performing the DFA services requirement under the current contract.

(c) Due to the untimely protest and the Agency’s remedial efforts in the current source selection under Solicitation No. W912D0-19-R-0016, additional time is needed to complete and finalize the competitive acquisition process. The Agency estimates the additional time required is three (3) months or February 2020, whichever is earlier.

During this period, the Agency will complete the source selection process, which may include, but is not limited to, re-evaluation of initial proposals, establishment of a competitive range for purposes of discussions (if deemed necessary), request for final proposal revisions, notification to all offerors of the final award, debriefing process, awardee phase-in, and full operational capability of the awardee prior to 8 April 2020.

The Agency plans to include and evaluate at time of the bridge contract award FAR 52.217-8 to allow for continued services in the event there are further delays in the competitive award process by, for instance, subsequent GAO protests. A delay in DFA services is unacceptable and will result in failure to provide custodial and janitorial services for two military DFACs that serve approximately 66K meals in a year. The effect will be an immediate reduction in the quality and quantity of care and welfare the Army is required to provide to Soldiers and other qualified beneficiaries. This matter affects the Army Contracting Command’s Line of Effort related to Installation Readiness.

Executing a competitive bridge under the compressed timelines enhances the chances the Army will experience disruptions in the performance of DFA services. There is not enough time to bring on a new contractor when the current contract will expire on 7 January 2020. Wandling is the only contractor capable of meeting the continued requirement for DFA services without a break in service. It would not be cost effective or realistic to expect another Contractor to perform during the brief interim period. Currently, there is not enough lead time to transition in a new contractor due to the time it would take to process contractor employee’s installation access, training, review/approval of key position employees, approval of uniforms and turnover between contractors.

Normally, the procurement administrative lead time to solicit, evaluate and award a contract for short term service acquisition of this value and complexity is approximately 90 to 120 days. That standard timeline can be affected by many factors, including the complexity of the requirement, personnel staffing and other external factors. In addition, the mandatory review and approval process within RCO-AK and Contract Fiscal Law Division (KFLD) has necessitated use of a bridge contract.

Even if it were possible for RCO-AK to conduct a limited competition for the bridge contract, meet the posting requirement, and obtain required approvals, doing so would be prohibitively expensive if the contract were awarded to any company, other than the incumbent. If it is necessary to use the full nine (9) months for the bridge contract it is anticipated to cost approximately $2.6M using current contract amounts and the new Collective Bargaining Agreement (CBA) increase. Normally, up to 20% of those costs would be attributable to start up and transition efforts (e.g., recruitment and relocation fees for qualified and experience personnel, mobilization of workforce). The Army expects that these costs would be significantly higher because a new contractor could not amortize or spread them out beyond the abbreviated performance period. Also duplication of cost would occur if awarded to other than the incumbent due to the phase-in and phase–out period. Thus, the duplication of cost to the Government would not be recovered through competition.

Based upon the foregoing justification, the Agency determines the incumbent, Wandling Corporation, is the only contractor reasonably available to perform the bridge contract for DFA services without an interruption. Because the bridge contract is a one for commercial services under FAR Part 13, the Agency has determined it is not practicable to obtain competition. See, e.g., Information Ventures, Inc., B-293541, Apr.

9, 2004, CPD ¶ 81 at 3 (stating “the Federal Acquisition Streamlining Act of 1994” exempts procurements under simplified acquisition procedures from full and open competition under competitive procedures).

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 apply and will be followed.

Requirement to post justification: FAR 13.501(a)(1)(iii).

7. Efforts to Obtain Competition:

Solicitation No. W912D0-19-R-0016 was issued for the follow-on DFA services on FBO to ensure maximum visibility to potential vendors. The Agency received 12 proposals.

The GAO protest and its dismissal extended the source selection process, which is projected to be completed by February 2020.

8. Actions to Increase Competition:

The Agency projects to award the follow-on contract for this requirement upon completion of the competitive source selection on or earlier than February 2020.

9. Market Research: Market Research was conducted 20 August 2018 to 01 March 2019 through SBA Quick Market Search using NAICS Code 722310 – Food Service Contractors. This category code provided 1,418 possible vendors. In addition, review results of recent market research, or other contracts recently awarded for similar or identical requirements. The Agency received 12 proposals in response to the solicitation for the follow-on contract. Also, procurement history has shown that multiple proposals typically are submitted for DFA services.

10. Other Facts:

Procurement History:

Contract: W912D0-14-D-0002 Contractor: Wandling Corporation Award Date: 16 January 2014 through 7 January 2020 Competitive Status: Small Business Set-Aside

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.

Typed Name: Ryan Krueger Date:

Title: Chief of Supplies and Services Signature:

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.

Typed Name: Ryan Krueger Date:

Title: Chief of Supplies and Services Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the bridge contract represents the best value to the Government in accordance with FAR Subpart

13.5. I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis IGCE

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.

Typed Name: Patricia Hutcherson Date:

Title: Contracting Officer Signature:

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

Typed Name: Patricia Hutcherson Date:

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of DFA services with Cook Augmentation on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Kyle S. Kiyonaga Date:

Title: Command Advocate for Competition Signature: