A16 - JOFOC - POSTING _1.pdf

JUSTIFICATION AND APPROVAL

SOLE SOURCE JUSTIFICATION

IDIQ CONTRACT

WH&B LONG TERM HOLDING

1. Identification of the Agency and the Contracting Activity.

The Bureau of Land Management (BLM), National Operations Center (NOC) National Resource Assessment Branch, on behalf of the BLM Wild Horse and Burro Program (WHBP), has a continuing requirement for off range short term holding of wild horses and burros in the eastern states region (east of the Mississippi River). The BLM WHBP office is requesting the BLM NOC Acquisitions Branch issue a sole source contract to JC Ourada to support these requirements in the eastern states’ region.

2. Nature and/or Description of Action Being Approved.

The Bureau of Land Management (BLM), National Operations Center (NOC) National Resource Assessment Branch, on behalf of the BLM Wild Horse and Burro Program (WHBP), has a continuing requirement for off range short term holding of wild horses and burros in the eastern states region (east of the Mississippi River). The BLM WHBP office is requesting the BLM NOC Acquisitions Branch issue a sole source contract to JC Ourada to support these requirements in the eastern states’ region.

3. Description of Supplies or Services required to meet the Agency’s needs, including the estimated value.

The contractor shall provide all necessary land, facilities, pastures, personnel, and supplies to provide short term holding and care for wild horses and burros in accordance with the attached Statement of Work (SOW).

This will be a five-year Indefinite Delivery Indefinite Quantity (IDIQ) type contract with firm fixed unit pricing (per feed day). The table in section 4 of this document provides the yearly price for services.

The Independent Government Cost Estimate (IGCE) for this requirement was set at $3,578,504.61.

4. Estimated dollar value. The contractor will only be reimbursed for the actual number of head times the number of feed days. The ceiling of this Indefinite Delivery Indefinite Quantity contract is set at $4,000,000.00. The ceiling is being increased to account for any unknown future requirements.

5. Statutory Authority permitting other than full and open competition.

The Bureau of Land Management Washington Office (WO) issued sources sought on solicitation 140L0120R0007 on January 29, 2020 as a Total Small Business Set Aside. The sources sought was posted to FBO and FedConnect. Responses to the sources sought were due on February 7, SOLE SOURCE JUSTIFICATION AND APPROVAL

JC Ourada. – FAR 13.106-1(b)

2020. The intent of the sources sought was for market research purposes. The Government anticipated issuing a solicitation around March 1, 2020 and award of contract effective April 1, 2020. The incumbents (JC Ourada) contract was set to expire March 31, 2020.

The Government received three (3) responses to the sources sought indicating interest in providing these services for the BLM. The BLM did not release a solicitation based on the results of the sources sought due to the fact that two of the three respondents indicated that they did not have adequate facilities, and that it would take quite some time to update their facilities to be ready to take in horses and burros. The third response is from the incumbent.

The BLM WO requested a proposal from the incumbent for a new five-year contract. The pricing was high, so the CO started negotiations with the vendor and made the determination to exercise the six-month extension of services in accordance with FAR 52.217-8, the new expiration date for this contract is now September 30, 2020. The CO then went on indefinite leave and did not return until the end of July 2020. Therefore, this acquisition remained unworked for quite a few months. Therefore, even with six-month extension, no solicitation was issued, and the only vendor that can start services as of October 1, 2020 is the incumbent.

If the BLM had issued the solicitation as intended and a firm other than the incumbent was a successful offeror, it is very unlikely that the new contractor would be ready for an October 1, 2020 start date. The new contractor would be required to complete the NEPA process to approve the land for use and complete construction of required facilities or upgrade existing facilities to meet the requirements of the BLM before they could start receiving animals.

In addition to the incumbent being the only vendor that can be ready to hold horses by October 1, 2020, there are already approximately 200 horses located on the incumbent's site. It takes time and money to move the animals. At this time, BLM does not have the time or resources to get all the animals moved off the incumbent’s site by September 30, 2020.

Pursuant to FAR 13.106(b)(1)(i) the Contracting Officer determines that the circumstances of this contract action, based on the circumstances outlined in this Justification and Approval, deem only one source reasonably available due to urgency.

The BLM issued a new sources sought and intends to issue a solicitation that does not overly restrict potential sources being ready by a certain date. The solicitation will indicate that the Government anticipates awarding one (1) or more IDIQ contracts. The resulting contracts will be considered single award and task orders will not be competed; this is due to the different geographical locations that the ORC’s may be in.

6. A demonstration of the proposed contractor’s unique qualifications to provide the required service.

JC Ourada currently has a contract with the BLM for identical services as outlined in this justification and approval. The contactor has performed under this contract from April 1, 2015

SOLE SOURCE JUSTIFICATION AND APPROVAL

JC Ourada. – FAR 13.106-1(b) to present. There is no evidence that the contractor has been unable to meet the requirements of the contract.

7. Determination by the ordering activity contracting officer that the order represents the best value.

The timing and cost of relocating wild horses and burros would be both time and cost inhibitive to allow for the safe and humane treatment of the animals. It takes approximately 60-90 days to arrange for transportation of animals, after locating facility(ies) that could take the horses.

Awarding to another vendor would require moving the animals to another contractor’s facility, this move would cost approximately $600,000.00. In addition, the CO will make a determination at award that the pricing by JC Ourada is fair and reasonable to the Government.

8. Description of Market research conducted among schedule holders and results or a statement of the reason market research was not conducted.

Market research was conducted and it was determined that adequate competition that could support the BLM requirements was not anticipated.

9. Recommendation and Certification from Program Office.

Based on the above, I recommend this requirement be purchased on a sole source basis. I certify that supporting data, which form a basis for this justification, are the responsibility of technical or requirements personnel are complete and accurate.