36C78619D0107-001.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&Al tor

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action lD:

1, Contracting Activiw: Department of Veterans Affairs, National Cemetery Administration, 36C786

Contract Services.

Nature and/or Description ofthe Action Beinq Processed: The Government intends on awarding a firm fixed price requirements contract to ZLynx under a new contract for the period of April 1, 2019 through September 30, 2019.

FAR 13.5 Simplified Procedures for Certain commercial ltems: This procurement is for grounds maintenance services in accordance with FAR 13.5 Simplified Procedures for certain commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part

6, but still require a justification using the format of FAR 6.303-2.

Description of Supplies/Services Required to Meet the Agency's Needs: Contractor shall provide all labor, supervision, material, equipment, tools, and supplies to complete grounds maintenance services for Dallas Fort Worth National cemetery following National Cemetery Administration standards. The services required to meet the agencies include the following for the period of April 1, 2019 through September 30, 2019 with a total estimated value of S411,500: Mowing 3,387.52 acres of all improved turf areas, estimated value $67,000; String Trim 3,387 .52 acres of all im proved areas, estimated value 541,000; Mow and string trim 78.96 acres, estimated value 5600; Trim approximately 1,296,000 headstones and edge markers, estimated value 5207,000; Blade edge approximately 480,000 linear feet of curbing, sidewalks, and roads, estimated value S29,000;

Application of pre-emergent herbicide to 212 acres, estimated value S17,000; Application of post-emergent herbicide to 318 acres, estimated value 525,000; and Application of fertilizer to 318 acres, estimated value of S25,000.

Statutorv Authoriw Permittins Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

(X) (2) Unusual and Compelling Urgency per FAR 5.302-2;

( ) (3) lndustrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) lnternational Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public lnterest per FAR 6.302-7;

FAR 13.5 Simplified Procedures for Certain Commercial ltems: The authority for applying the Simplified Procedures for Commercial ltemsof FAR13.5is41 U.S.C. 1901 and isimplemented byfor restricting competition on this procurement via FAR 13.105-1(bx2).

Demonstration that the Nature of the Acquisition Requires the Use of the Authoriw Cited Above (aoplicabilitv of authoriw): ln response to GAo protest 8-417305, contract 36c78519D0062 will be terminated for the Government's convenience in accordance with FAR 52.212-4(l) to be competed

36C786-19-AP-0302

again under a new solicitation. The incumbent vendor, ZLynx, is currently providing the required services under contract 36C7861900062 at the Dallas Fort Worth National Cemetery.

The continuation of grounds maintenance services for the Dallas Worth National Cemetery is vital to the cemetery's operations, appearance, and serviceability. The magnitude and variety of services required by the cemetery far exceeds the Government's capability to perform these services without use of contracted services. The cemetery iscomprised of approximately 106 acres of improved turf; 79 acres of unimproved turf; 34,425 upright headstones; 6,075 flat markers; 48,000 linear feet of curbing, sidewalks, and roadway.

Since discontinuation of services is not a viable option for the cemetery and due to the initial startup time, to include but not limited to, staffing, equipment purchases/leases, familiarization with the grounds, etc., the Contracting Officer has determined continuation of services under the authority of FAR 6.302-2 Unusuol ond Compelling Urgency, by ZLynx is the most efficient and serviceable option available to the government at this time.

6, Description of Efforts Made to ensure that offers are solicited from as manv potential sources as deemed practicable: ln accordance with FAR 5.202(a)(2), the contracting offlcer need not submit the notice required by 5.201 under the conditions described in FAR 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203. Due to the time required to solicit this procurement a second time on a full and open competition basis and in conjunctlon with the start up time noted in item 5, soliciting this action is impracticable under the clrcumstances without seriously injuring the agency by way of cessation of grounds maintenance services.

The services required under this contract will be solicited under a new solicitation as soon as practicable. The Government estimates release of the solicitation in May 2019 and will have a projected start date of october 1, 2019.

Determination bv the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The price of this contract is anticipated to be fair and reasonable based on the previous prices submitted by ZLynx in response to solicitation 36C78618Q9699 and the resulting contract of 36C78619D0052. As part of the antecedent procurement's evaluation, ZLynx's prices were determined to be fair and reasonable based on adequate competition and when compared to the Government's estimate.

DescriDtion of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Market research for this particular contract was not performed as part of this determination. Due to recent market research conducted for the previous solicitation and due to the relatively high number of offers received in response to the previous solicitation, it is manlfest that there are sufficient number of qualified SDVOSBs under the applicable NAICS in the market willing to perform the services required. The lead time to have another vendor ldentified, staffed, equipped, and ready to successfully fulfill the required services prior to end of March 2019 is not feasible.

9. Anv Other Facts Supportins the Use of Other than Full and Open Comoetition:

No additional facts, other than the one noted above, were identified to support the use of other than full and open competition.

10. ListinE of Sources that Expressed. in Writing, an lnterest in the Acquisition: NFCF Enterprises lnc.;

4 A ERA LLC; Sides Landscaping LLC; ZLynx Enterprises; Lone Star Janitorial LLC; Dewitt & Company

7.

8.

lnc.; DAP Construction Management; FedVet Construction; Raven Operations; GCC Enterprises lnc.;

Gulf GeoExchange & Consulting Services lnc.; Lander Group LLC; Johnson Danforth & Associates;

11. A Statement of the Actions. if anv. the Asencv Mav Take to Remove or Overcome anv Barriers to Competition before Making subsequent acquisitions for the supplies or services required: No barriers to competition were identified under previous attempts to acquire the services required under this contract. Previous attempts were solicited as 100% SDVOSB set-aside under NAICS

561730 and adequate competition was not an issue. Thus, there are no plans to remove or overcome

The services required under this contract will be solicited under a new solicitation as soon as practicable. The Government estimates release of the solicitation in May 2019 and will have a projected start date of October 1, 2019.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and 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.

L,U Cemetery Director Dallas Fort Worth National Cemetery

13. Approvals

a. Contracting Officer or Desisnee's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

3 -16-,fl Date

Kenneth M. Dougherty Contracting Officer Contract Services

Date

b. One Level Above the Contractinq Officer (Required over SAT but not exceedins S70OKI: I certify the justification meets requirements for other than full and open competition.

Mary Accomando Deputy Director Contract Services

Date

3/18/2019/s/