(REPROCUREMENT) KITCHEN EQUIPMENT- FT ALLEN

THIS IS NOT A SOLICITATION. THERE ARE NO SOLICITATION DOCUMENTS RELATED TO THIS NOTICE. THIS IS A SYNOPSIS OF AWARD OF A FIRM FIXED PRICE PURCHASE ORDER AS REQUIRED IAW 5.301. THE AWARD IS A REPLACEMENT CONTRACT UNDER AUTHORITY OF FAR 52.212-4(m).

Description of Requirement: This contract provides for the purchase of assorted kitchen equipment (stoves, grills, griddles, silverware, plates, refrigerators, food warmers, and other kitchen appliances).

The Government requires kitchen equipment to support a food service facility. The acquisition includes a range of standard commercial appliances and utensils, plus delivery and installation at Puerto Rico Army National Guard Fort Allen Training Center, Juana Diaz, PR.

This award is a “replacement contract” executed under the authority of FAR 52.212-4(m), Termination for Cause, and FAR 12.403(c)(2). This purchase order, for the same requirement, W912LR24P0070, was terminated for cause due to non-delivery and non-excusable delays. A replacement award was solicited from five sources through market research and historical data to mitigate further delays and protect the Government’s interest.

Prior Synopsis Efforts:

The requirement was initially publicized and competed in SAM.gov under combined synopsis/solicitation W912LR24Q0034 on 12 April 2024, resulting in Purchase Order W912LR24P0055 which was “no-cost canceled” at the request of the supplier.

The requirement was synopsized again through combined synopsis/solicitation under W912LR24Q0058 issued on 11 July 2024 resulting in award W912LR24P0070, accepted in writing by the supplier. This award was Terminated for Cause under authority of 52.212-4(m).

Both awards were competed under Total Small Business Set-Aside, publicized in SAM using combined synopsis/solicitation procedures, and twice resulting in the Government not receiving the required supplies.

Under FAR 12.403(c)(2) “The Government’s rights after a termination for cause shall include all the remedies available to any buyer in the marketplace. The Government’s preferred remedy will be to acquire similar items from another contractor and to charge the defaulted contractor with any excess reprocurement costs together with any incidental or consequential damages incurred because of the termination.”

The requirement was resolicited under remediations allowed to the Government prescribed by 12.403. The government solicited quotations in accordance with 13.106-2(d) and Simplified Acquisition Procedures. This repurchase is for a quantity not exceeding the original undelivered quantity terminated for cause and is for the same required items consistent with remediation procedures IAW 12.403.

Justification for Limited Synopsis:

Pursuant to 12.403 because this repurchase is for a quantity not exceeding the undelivered quantity terminated for cause under 52.212-4(m), the termination for cause authorizes the contracting officer to use any terms and acquisition method deemed appropriate for the repurchase.

A new synopsis was therefore not required. Additionally, based on this rationale, a synopsis was not required pursuant to FAR 5.202(a)(11), as this action constitutes a replacement for a contract previously terminated for cause, and the original solicitation (W912LR24Q0034) and subsequent solicitation (W912LR24Q0058) provided sufficient detail to support this repurchase. The replacement is made under the same terms and conditions of the previously competed and awarded terminated contract, and is a remedy for the Government to receive the supplies not delivered by the defaulting contractor.

A commercial item determination was documented in the contract file to allow the award of the purchase order under Part 13.5 Simplified Acquisition Procedures for Certain Commercial Items and Services.

Additional Information:

The Government determined the award to the contractor to be fair and reasonable based on the competitive pricing and evaluation history from the prior solicitations. This replacement award ensures continuity of services/supplies critical to the Government, consistent with FAR Part 12 commercial item procedures.

THIS IS NOT A SOLICITATION. THERE ARE NO SOLICITATION DOCUMENTS RELATED TO THIS NOTICE. THIS IS A SYNOPSIS OF AWARD FIRM OF A FIXED PRICE PURCHASE ORDER AS REQUIRED IAW 5.301. THE AWARD IS A REPLACEMENT CONTRACT UNDER AUTHORITY OF FAR 52.212-4(m).