JA Gardening Contract Extension.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

☐ Office of Acquisitions Management ☐ Foreign Service Institute ☐ Office of Foreign Missions ☐ U.S. Mission to the United Nations ☒ Overseas Post; American Embassy Tunis

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

Approval is requested to extend the Gardening contract No. 19TS8020D0002-P0010 awarded to Sté. Yasmine Garden for the supplies and/or services described in Section 3 on behalf of the Requiring Activity.

Contract Modification Expires on November 30th, 2025

Contractor’s Name: Sté. Yasmine Garden Award Number: 19TS8020D0002-P0012 Dollar Amount of the modification: $7,526.89

This is a Firm Fixed Price contract.

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

Gardening Services for the Embassy Compound, the CMR and DCR.

The gardening services include grass cutting, edging, trimming, high trimming, weeding, pruning, leaf removal, removal of debris, watering, pest and disease control and fertilizing.

The estimated value for the entire period of performance is TD 1,342.805.24

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION

This acquisition is conducted under the authority of 41 USC 3304, as implemented by FAR 6.3 and substantiated by the following:

☐ FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

☒ FAR 6.302-2 – Unusual and compelling urgency.

☐ FAR 6.302-3 – Industrial mobilization; engineering, developmental, or research capability; or expert service.

☐ FAR 6.302-4 – International Agreement.

☐ FAR 6.302-5 – Authorized or required by statute.

☐ FAR 6.302-6 – National Security.

☐ FAR 6.302-7 – Public Interest.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED

Sté. Yasmine Garden is uniquely qualified to provide these services based upon the following:

a. (a) Knowledge and Expertise: Yasmine Garden has consistently demonstrated advanced knowledge in Horticulture, landscape design, soil science and sustainable gardening practices. Their expertise has been instrumental in ensuring the success of having well maintained gardens particularly in addressing site-specific challenges such as pest control and water conservation. Their familiarity with the unique conditions of the site positions allowed them to continue delivering high quality outcomes without the need for additional onboarding and training.

b.

c. (b) Proven Experience and Performance: During the initial contract, Ste Yasmine Garden has established a track record of reliability, efficiency and excellence. Their experience in managing similar contracts has enabled them to anticipate and address challenges proactively, ensuring timely completion of tasks. Their familiarity with the Scope of Work and objectives ensures continuity and minimizes the risk of disruption.

d.

e. (c) Ste. Yasmine Garden has personnel with the necessary security clearance to access the Embassy compound and Embassy residences and perform their duties in compliance with Security Protocols. This capability is essential for maintaining the integrity of contract and ensuring uninterrupted operations. Clearance processing for new personnel can take 3–6 months, potentially delaying critical operations and incurring indirect costs due to the delays.

f.

g. (d) Ste. Yasmine Garden offers unique capabilities that are directly aligned with the contractor’s needs, such as expertise in lawn care, seasonal maintenance, plant selection and installation, soil analysis, pest and disease management. Their ability to provide tailored solutions has been a key factor in achieving the goals and delivering value to stakeholders.

h.

Disruption to ongoing maintenance: The current contractor has developed a detailed understanding of the site’s unique landscaping needs, including soil composition, plant health, irrigation systems, and seasonal maintenance schedules. A new contractor would require time to learn these details, leading to inefficiencies. Ste. Yasmine Garden has established workflows for critical tasks such as pest control, irrigation system upkeep, and pruning. A change in contractor could disrupt these operations, potentially leading to plant loss, pest infestations, or irrigation failures. A new contractor may require an onboarding period of 2–3 months, during which productivity could decrease. This delay could result in the suspension of the services.

The potential harm to the government if the current gardening contractor is not retained includes significant financial costs, operational disruptions, and risks to project quality, security, and environmental sustainability. Retaining the current contractor ensures continuity, minimizes transition costs, and leverages their institutional knowledge and specialized capabilities to achieve project goals efficiently and effectively.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY FAR SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER FAR 5.202 APPLIES

A notice for the follow-on contract will not be publicized under FAR Subpart 5.2 because the circumstances meet the exception outlined in FAR 5.202(a)(2). Specifically, the contract action is for an extension of services already being performed by the existing contractor, and publicizing the notice would result in unacceptable delays and additional costs to the government. The contractor’s institutional knowledge, security clearances, and specialized capabilities make them uniquely qualified to continue providing services without disruption.

The new Solicitation for Landscaping and gardening services has been already advertised on the local newspaper and www.sam.gov. This J&A for other than full and open competition will be published at www.sam.gov with a notice of intent to sole source to meet the requirements of FAR 5.201.

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT IS FAIR AND REASONABLE

The Contracting Officer has determined that the anticipated cost of $7,526.89 to the Government of the gardening services covered by this J&A will be fair and reasonable based on comparison to historical costs as the proposed cost for the extension aligns with the rates established in the original contract, which were determined to be fair and reasonable at the time of award in 2020. It is also based on market research by reviewing the current market rates for similar gardening and landscaping services indicates that the contractor’s pricing remains competitive. This research included an analysis of rates from other government contracts and commercial vendors providing comparable services.

By signing the justification, the Contracting Officer makes a determination that the anticipated cost to the Government is expected to be fair and reasonable. Extending the contract with the current contractor represents the most cost-effective and efficient solution for the government.

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

Market research was limited to review the rates for similar services provided by other contractors only. Outside market research was not conducted because of the need to ensure uninterrupted landscaping services, particularly for seasonal tasks, precludes the time required for additional market research. Delays in awarding the extension could result in plant loss, pest infestations, or irrigation failures, leading to increased costs and operational risks.

The original contract was competed and advertised in 2020, ensuring that the contractor’s rates and qualifications were evaluated against other potential sources. The proposed extension reflects the same pricing structure, adjusted only for inflation and market conditions.

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION

The contract extension must be awarded using other than full and open competition to ensure there is no interruption in the services. Conducting a full and open competition for a short-term contract would be impractical and could result in delays, leaving the grounds without necessary maintenance. Engaging a new contractor for a short-term period would likely result in higher costs due to onboarding, administrative expenses, and potential inefficiencies during the transition. It is in the best interest of the award the four-month contract extension to the current contractor as they are familiar with the site and proven track record make them uniquely qualified to continue providing the services during the extension period without the need for onboarding or training.

SECTION 10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION

To date, no other sources have written to express interest.

SECTION 11. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED

All future acquisitions will be subject to full and open competition to comply with regulatory Federal Acquisition procedures. The Pre-solicitation notice for the new gardening contract will be advertised on www.sam.gov as soon as the draft solicitation is approved by A/GA.

This J&A for other than Full and Open competition will be published at www.sam.gov with a notice of intent to sole source to meet the requirements of FAR 5.201. and FAR 6.305.

SECTION 12. CERTIFICATIONS

All reviews and approvals should be completed in the order listed unless otherwise authorized or required.

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-2(b)) I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Requirements Cognizance:

SIGNATURE:

Facility Manager American Embassy Tunis

CERTIFICATIONS (Continued)

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12)) I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

SIGNATURE:

Contracting Officer American Embassy Tunis