JA 2023_59_Redacted1.pdf

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: Reconditioning Services and Boarding for The Old Guard Caisson Horses at Contractor Owned Contractor Operated Facility

Authority: 10 United States Code (U.S.C.) §3204(a)(1) as implemented by FAR 6.302- 1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Amount: $27.5M

Prepared by:

Contracting Officer:

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Small Business Professional:

Legal Counsel:

Director, MICC-Fort Belvoir:

Acting Director, FDO – Fort Sam Houston:

Director, Small Business Program:

Alternate Advocate for Competition:

sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

a. NOVA Equestrian Center is the only company that has the unique capabilities that can satisfy the Army’s minimum requirements of capacity, location, and specific facility functional capabilities. NOVA Equestrian Center is a 40-acre world-class facility with two barns, a premium footing indoor arena, and a large outdoor arena. These two barns together provide 44 12×12 matted stalls, indoor wash stalls with hot/cold water and heat lamps, and climate-controlled tack rooms. Additionally, the NOVA Equestrian Center is the only facility within a 50-mile radius that has an indoor arena. The indoor arena is 200 x100 feet and capable of training up to 20 horses at any given time. This indoor arena enables horse training services year-round, to include inclement weather conditions. This key infrastructure allows for uninterrupted service and training for TOG Caisson horses to always be ready to execute the ANC mission.

b. Alternatives:

1) Use of In-House Resources. TOG only has horse stables available for only about one-third of the horses and has 20 acres of pasture space, which is not enough to support a herd of 50 horses. In addition, TOG does not have the proper rehabilitative equipment at any Army facility for effective care of the horses to conduct their ANC mission.

2) Conduct a competitive acquisition for a contract. Currently there is not enough time to conduct a competitive acquisition and meet the immediate reconditioning needs of TOG Caisson horse herd. Caisson support to ANC has been suspended due to the need to address and improve the health of the horse herd and Army Senior Leadership directed that the contract for an equine facility to care for and board TOG caisson horses be done as quickly as possible in order to have a facility immediately available to provide services for TOG Caisson horses. Currently, there is only one contractor capable of meeting the specifications of the requirement. Additionally, TOG has specific care requirements for its horses and the facility must be within 50 miles of JBM-HH and include a covered arena to conduct training year-round.

c. Impact if not approved: If this J&A is not approved, it will result in mission failure of a time-honored tradition in ANC—Caisson funeral operations. Furthermore, TOG and caisson horses will not have the pasture/turnout space needed to prevent existing horse conditioning deterioration, year-round horse training space, additional boarding support needed to effectively manage the herd, and physical conditioning equipment necessary to maintain horse health once the TOG MWEs exit the existing rehabilitative care they are receiving. The compounding effect of all the supplies and services listed above would also have an incredibly negative impact on servicemember families who are eligible for internment at ANC, as well as a negative public perception.

6. Efforts to Obtain Competition: A sources sought was posted to SAM.gov on 15 MAY 2023 and closed on 22 MAY 2023. One vendor expressed interest in the requirement and provided a capabilities statement, but the capabilities statement did not address turnout space, acreage per horse for turnout space, minimum of 30 acres, minimum of 35 stalls, indoor & outdoor arena, and quarantine paddocks of the requirements listed in the sources sought. Vendor name is Mullins Equine Services.

They are not SAM registered.

a. Effective competition. The acquisition team visited at least two alternate locations to assess the capability of each facility to meet the Army’s minimum requirements.

NOVA Equestrian Center (NEC) is the only facility that provides an indoor arena for year-round training within a 50-mile radius of JBM-HH. Mullins Equine Services is open to build an indoor arena but does not have one in place currently nor did they meet several requirements listed in the capability statement provided in response to the intent to sole source. Mullins was instructed to provide an updated capability statement with the original received on 18 MAY 2023 by the contracting officer on 01 JUN 2023. The contracting officer has not received a response as of 12 JUN 2023. Foxhall Equine in Fallston, MD was visited on 08 JUN 2023, neither the 50-mile radius nor the indoor arena requirements were met during the assessment.

b. Subcontracting competition. The prime contractor will subcontract to small business various services required to perform the requirements of the contract.

Transportation will be subcontracted and consist of roughly 4% of the effort. Hay will be provided by the Army through a separate contract in place, W91QV1-23-C-0022.

7. Actions to Increase Competition: Over the next 5 years, TOG will obtain more land from the Bureau of Land Management for pasture space and to build Army owned horse facilities. This is expected to be complete by 2028. There will be no further contracts for this requirement unless the land and facilities will not be ready in 2028. In that case, there will be a competitive solicitation for a facility to provide reconditioning and boarding of TOG horses.

8. Market Research: Research conducted by The Military District of Washington (MDW) in MAY 2023 determined NOVA Equestrian Center as the only equine facility that could meet the four primary lines of effort. The lines of effort are herd care and management, pasture space and facilities, reduced weight through fitness, and improved equipment. The facility location is within a 50-mile round-trip of JBM-HH. The commuting distance is a mandatory requirement in order to respond to state funerals and to reduce the wear and tear on the MWE herd. NOVA Equestrian Center is also the only facility with an indoor arena within the required radius. The indoor facility is required to conduct training year-round to include during inclement weather. Horses procured by TOG will need to be broken and wagon trained to conduct the ANC mission. Use of the indoor arena is pivotal to meeting the deadline set by the Military District of Washington to resume full operations at ANC. The plan is that the Army will acquire its own land and facilities to perform this function in the future and there will be no further contracts for this requirement, unless the land and facilities will not be ready in 2028. In that case, there will be a competitive solicitation for a facility to provide reconditioning and boarding of TOG horses.

9. Interested Sources: A sources sought notice was posted to SAM.gov on 15 MAY 2023 and closed on 22 MAY 2023. One vendor, Mullins Equine Services, expressed interest in the sources sought and provided a capabilities statement. The facility is within 50 miles of JBM-HH but does not appear to have all the facilities required for TOG caisson horses, specifically an indoor arena, which is required to meet the minimum requirements. There was also a notice of intent to sole source posted to SAM.gov on 26 MAY 2023 and closed on 2 JUNE 2023. Mullins Equine Services responded stating interest, but again did not address all the requirements listed in the notice of intent. Another company, True North Enterprises LLC responded stating interest, but their capabilities statement did not address all the requirements listed in the notice of intent and their facility in Maryland is over 50 miles from JBM-HH. Another equine facility, To Win Again Farm and Rehab Center, was identified as a potential facility within 50 miles of JBM-HH that could meet TOG caisson horse boarding and pasture space requirements. The site visit determined that it did not have an indoor arena, which is one of the required facilities needed for TOG caisson horses.

10. Other Facts: The caisson support to ANC was suspended for a 45-day period by the Department of the Army beginning 1 May 2023. After further analysis of the situation by MDW, on 7 June 2023, the U.S. Army extended its suspension of providing horse-drawn caissons for military funeral honors at Arlington National Cemetery through June 2024. The pause is designed to give the caisson MWEs time to recover and rehabilitate while the Army implements comprehensive long-term healthcare to the herd. The new planned contract provides boarding and comprehensive services to resume and sustain caisson support to ANC. The Old Guard caisson historically provides up to eight funeral services per day, in addition to numerous other duties which are extremely physically demanding for each horse. Due to this extremely high operational tempo, each horse requires rest periods with adequate pastures, boarding, and significant physical conditioning services which cannot be provided internally to the Old Guard. Within the last year multiple MWEs have died due to poor care and inadequate facilities. Since the initial suspension of caisson support to ANC, the Army has directed all horses requiring physical therapy receive that treatment. This decision ultimately led the Army to determining the existing care and facilities are not adequate to support ANC’s mission.

The Army, using this contract, will preserve the health of the herd through a comprehensive adjustment to MWE care. It is critical that the Army have facilities in place following MWE completion of rehabilitative care that enable TOG to generate capacity to support the ANC mission. The Army has authorized TOG to build that capacity between now and June 2024. By June 2024, Caisson operations in ANC are required to be fully operational, with enough reserve capability, that Caisson operations will not be suspended again due to herd health.

The NOVA Equestrian Center will be contracted as an interim boarding facility with a projected need through Fiscal Year 2028. The Army’s long-term solution will be a combination of pastures and buildings leased through the Bureau of Land Management (BLM), contracted long-term healthcare services, and establishment of government civilian positions to oversee contract services and herd management.

This contract to the NOVA Equestrian Center will allow for boarding of both new and existing MWE in a controlled environment. The requirement is for general support services that includes the maintenance and cleaning of the facility, stalls, paddocks, and exercise equipment; access to pasture lands and provisioning of feed as necessary; as well as possible specialty services, which include horse training, physical activity/exercise, horsemanship training, and general health of the herd.

The NOVA Equestrian Center has a dedicated quarantine lot for use in the event an Army equine becomes ill or injured, allowing the horse to be isolated from the rest of the herd to reduce additional injury and lessen the time for recovery. The isolation lot also reduces communicable disease transfer from horse-to-horse. MWE will remain isolated from non-Army equine.

a. Procurement history. The below services were solicited as rehabilitative care under NAICS code 812910: Pet Care (except Veterinary) Services. This effort will be solicited under NAICS code 115210: Support Activities for Animal Production.

1) PIIN: W91QV1-23-P-9003

Vendor: Joule Inc. dba Crooked Willow Farm, Ocala, FL Purpose: Rehabilitation and Boarding of 13 Horses Competitive Status: Non-competitive Authority: FAR 6.302-2 Unusual and Compelling Urgency Remarks: A justification and approval allowed for the contractor to perform for up to 6 months under a firm fixed price level of effort.

2) PIIN: W91QV1-23-P-9005

Vendor: DeClue Equine LLC, Ocala, FL Purpose: Veterinary Services for 13 Horses Competitive Status: Non-competitive Authority: FAR 6.302-2 Unusual and Compelling Urgency

3) PIIN: W91QV1-23-P-9011

Vendor: Foxhall Equine, Fallston MD Purpose: Veterinary Services for 10 Horses Competitive Status: Non-competitive Authority: FAR 6.302-2 Unusual and Compelling Urgency

b. Other facts. The resultant contract will provide equine transportation services between approved locations, by licensed handlers and certified drivers, reducing the stress to the equine and improving the overall care of the herd. This service also eliminates the need for Government provided handlers, (point-to-point movement, leased vehicles, and vehicle maintenance.

Failure to promptly award the contract and commence performance at the NOVA Equestrian Center will significantly impact the Army’s ability to resume ANC’s caisson ceremonies by 01 June 2024. Additionally, the 3d Infantry Regiment’s ability to escort the President under all circumstances will be negatively impacted.

11. Technical Certification: I certify 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.

12. Requirements Certification: I certify 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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. In accordance with FAR 15.404, price analysis, cost analysis, and cost realism analysis was used to determine fair and reasonable price. Certified cost or pricing data is not required.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing justification, I hereby approve the procurement of Caisson Equine Facilities and Reconditioning Services for The Old Guard Caisson Horses on an other than full and open competition basis pursuant to the authority of Title 10 United States Code §3204(a)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The estimated value of the contract is $27.5 million for a 5-year period of performance consisting of base year and 4 option years from 1 July 2023 to 30 June 2028, with the option for an additional 6 months with FAR Clause 52.217-8. This approval is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.

WADE C. COLE

Senior Contracting Official U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX