SIGNED_Club_Meade_Sole_Source_JA.doc

Control No. ___12-009_____________

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $550K)

1. Agency/Contracting Activity:

Installation Command Group

2. Description of Action:

Nature: X New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: X Firm-Fixed Price Cost Time & Materials Funds: OMA

X Other Funds: Representation Funds of the Secretary of the Army.

3. Description of Services or Supplies:

The total estimated value of the proposed action is $ 6,125.00 In layman’s terms, briefly describe the services or supplies to be provided, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing purchase order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

This purchase is to provide the catering of food and beverages for approximately one hundred (125) guests of the Fort Meade Garrison Commander, Colonel Edward C. Rothstein. This official function is the Commander’s Summer Concert Reception, and it is to be held in the Great Room at the Heritage Park Neighborhood Center (Rain location is McGill Training Faciity) on 25 August 2012 from five to seven o’clock in the evening. The event is to host numerous VIPs and distinguished guests along with senior officers including flag rank personnel and Federal & State representatives. The Installation Morale, Welfare and Recreation Fund (IMWRF) through Club Meade is being submitted for a sole-source contract for 1) food and beverage; 2) preparation and delivery of all contracted food and beverages; and 3). staffing the reception with servers and one manager. The contractor will clean and remove all food and beverages at the end of the reception.

4. Authority: (Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following, but other exceptions may be used.)

Action using simplified acquisition procedures (select one):

X FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization) FAR 13.501(a)(1)(ii): For actions for commercial supplies or services greater than the SAT but not exceeding $5.5M, the correct citation is: Test Program for Commercial Items, Section 4202 of the Clinger-Cohen Act of 1996 as codified at 10 USC Sec. 2304(g)(1)(B), and amended by Section 807 of the Ronald Reagan National Defense Authorization Act of 2005. [Note: this abbreviated justification form can only be used for actions not exceeding $550K. Justifications above $550K must be prepared using the format at FAR 6.303-2.]

5. Reasons for Authority Cited:

a. Explain why the intended contractor is the only reasonable source who can provide the required supplies or services. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. If brand name, explain why an adequate purchase description or other information suitable to solicit by full and open competition has not been developed or are not available.

10 United States Code 2492 permits DOD agencies to enter into a contract or agreement with the exchange system or a Morale, Welfare and Recreation (MWR) instrumentality for the provision of goods and services that is beneficial for the efficient operation of either organization. This authority is restated in Army Regulation 215-1, para 8-24(d) and provides that MWR food, beverage and entertainment systems assist the commander with meeting the food service needs of installation assigned and visiting personnel including command social occasions. The Ft Meade (IMWRF) has qualified personnel familiar with military protocol who have received security background checks for access to the installation and who have received the annual training required to serve alcohol. . Furthermore, the IMWRF food services programs are routinely inspected by the post veterinarian for cleanliness and food preparations. Its equipment and processes continually meet the US Army standard for food service operations. Alcohol will be served at this activity and per AR 215-1, para 10-8 c. “All personnel who dispense and serve alcoholic beverages are employees of a NAFI/entity except as noted in paragraph 13-18a (5).” But this last paragraph still requires that “All non NAFI personnel assisting the MWR program to sell alcoholic beverages at such events will receive appropriate training.” This training cannot be accomplished in the 30 day time window to meet the event date of 25 August 2012. Lastly, the Club is uniquely qualified to meet the protocol needs of the installation at important command social occasions.

b. For a follow-on contract action of highly specialized services, or the continued development or production of a major system or highly specialized equipment, discuss how the sole source action will avoid duplication of costs that is not expected to be recovered through competition, or discuss the unacceptable delays to the government. Provide an estimate of the costs that will be duplicated and explain how such estimate was derived.

N/A c For contract extensions or bridge contracts when a competitive follow-on is in the works, summarize history of current contract and explain the reasons for any delays in the acquisition. Include discussion of the milestones for the follow-on action; they should be as tight as possible. Discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period; include issues such as start-up costs, phase-in, transfer of GFP, recruitment and staffing, etc. If the action is because of a protest, provide a brief discussion of the protest including important dates and the basis of the protest. Establish that the action will provide the minimum quantity or performance period.

N/A

d. If urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor.

The Heritage Park Neighborhood Center is physically located on the Fort Meade installation. Club Meade is the closest caterer and is familiar with the venue. They have personnel who meet the security background requirements and alcohol serving training required for this reception. In the event of a change of venue, Club Meade can, as an integral part of the Fort Meade IMWRF, call upon other IMWRF resources at the last minute without a great loss of time.

6. Actions to Increase Competition: Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart 5.2 or which exception under FAR 5.202 applies. If notice was publicized, discuss the number of written responses to the synopsis and the results of the assessment of the written responses. Provide rationale if interested sources were rejected. If applicable, state that no other sources have expressed interest, but all offers received shall be considered. Describe what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. You may state that action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible.

This is a first time event for the use of Official Representation Funds involving the service of alcohol, and under new Army security requirements for contractors. In addition to meeting security access, background checks and IMWRF training requirements, Club Meade is also certified by the Fort Meade Veterinary Services via routine inspections for the IMWRF. Furthermore, the authority of 10 USC 2492 and AR 215-1 indicates that the installation has the authority to enter into a Memorandum of Agreement with the IMWRF for the services being provided which would eliminate the need for a contractual obligation. For all similar type of events sponsored by the Garrison Commander under AR 37-47, but not requiring the aforementioned conditions, and not requiring installation access, all such events shall be competed to the maximum extent possible.

7. Market Research: Describe the extent of the market research conducted to identify all qualified sources and the results thereof. "Market Research" is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, telephonic, or world wide web inquiries.

Market research was conducted with similar events and vendors that have been able to provide food services on the installation not involving the serving of alcohol requirement stated in AR 215-1. This research included vendors providing food services to equal opportunity sponsored events requiring the serving of cultural specific cuisines, to identify potential sources. Compared to such events the rates and charges by Club Meade are comparable to those provided by other food service vendors.

8. Procurement History: (For Similar Services) Previous Purchase Order(s) or Contract(s): X Yes No If "Yes", for each purchase order or contract provide:

Purchase order or contract number:

W91QF6-10-P0003 8 December 2009 Was action competed?

X Yes No

Purchase order or contract number:

W91QF6-11-T-0006 8 December 2010

Was action competed?

X Yes No

Purchase order or contract number:

W91QF6-12-P0003 5 December 2011

Was action competed?

X Yes No

If action was not competed, state the cited authority, summarize rationale:

9. Additional Information to support the justification.

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Signature:

The price of this procurement is deemed to be fair and reasonable for the U.S. Government based on current published price lists / catalog prices for similar services.

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination:

12. Review (if value exceeds $100K): I have reviewed this justification and find it legally sufficient.

Legal Counsel Typed Name: ___________________________________ Date: ______________________

Signature: ______________________________________

13. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE:

DATE:

NAME:

Bernadine E. Moore

TITLE:

Procuring Contracting Officer

-4- Revision 1, dated 12 July 2012

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