JA FAR 13.5 W91QV1-23-P-9014 Redacted.pdf

APR 2021

Sole Source Justification and Approval Review Document Under FAR 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: Phase-In period for The Old Guard (TOG) Caisson Horses at Contractor Owned Contractor Operated Facility. The Contractor shall become familiar with performance requirements to commence full performance of services at the end of Phase-In period of 45 days.

Authority: 41 United States Code 1903 as implemented in Federal Acquisition Regulation 13.500(c); the simplified acquisition procedures authorized in this subpart may be used for acquisitions that do not exceed $15 million.

Amount: $489,687.84

Prepared by:

Contracting Officer:

Technical Representative:

Requirements Representative:

Reviews

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

Legal Counsel

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command, Fort Belvoir (MICC-FB), 9410 Jackson Loop, Bldg. 1425, Fort Belvoir, VA 22060.

2. Description of Action: The Military District of Washington 3rd U.S. Infantry Regiment, The Old Guard (TOG), requests the approval of a 45 day stand-alone purchase order contract for the Phase-In period to prepare for reconditioning and boarding services to be provided to TOG caisson horses to NOVA Equestrian Center (NEC), a contractor-owned contractor-operated facility within 50 miles of Joint Base Myer-Henderson Hall (JBM-HH). The Government projects to make award of this contract by 30 June 2023.

This 45-day contract will facilitate the arrival of TOG caisson horses on 15 August 2023 under another service contract. Fiscal Year 2023 Operations and Maintenance Army funds will be used.

3. Description of Supplies/Services: This is a non-personal service(s) contract for NEC to prepare their facility to provide equine facilities, reconditioning services, and draft horse finishing. In conjunction with the facilities requirements listed below, a staff is required to provide training, conditioning services for horses, and general horse care.

The facility not only provides a place to quarantine, train and integrate new horses into the caisson herd; it also provides a place to rest, condition, and the option to rehabilitate through a separate contract vehicle the current horses in the herd under the watchful eye of an established and experienced team. The facility shall facilitate hay, farrier service, and training potentially contracted through separate vehicles. The civilian staff and expertise will work closely with the Army, so that the horses will receive the consistency of care needed to maintain readiness to support caisson operations in Arlington National Cemetery (ANC). Any reconditioning plans must be vetted or prescribed by an Army veterinarian for the equestrian facility to execute.

Period of Performance: 1 July 2023 – 14 August 2023

4. Authority Cited: Under 41 U.S.C. 1903, 13.500(a)(1); the simplified acquisition procedures authorized in this subpart may be used for acquisitions that do not exceed $15 million; only one responsible source.

5. Reason for Authority Cited: A Justification and Approval (J&A) valued at $27.5 million to NEC for equine facilities and related services was approved on 22 June 2023;

however, the contract for those services will not be awarded until 31 July 2023. This contract is for reconditioning and boarding services for up to 35 TOG caisson horses for up to 5 years. Since NEC is the contractor that will provide the equine facilities and related services, NEC is the only responsible source that can provide these services which are inter-related to those outlined in the 22 June 2023 J&A.

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 June 2023. The contracting officer has not received a response as of 12 June 2023. Foxhall Equine in Fallston, MD was visited on 08 June 2023, neither the 50-mile radius nor the indoor arena requirements were met during the assessment.

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 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 the phase-in contract and reconditioning and boarding services contract, will improve and 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.

a. Procurement history. The below services were solicited as rehabilitative care under NAICS code 812910: Pet Care (except Veterinary) Services. This effort will be awarded 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 Remarks: A justification and approval allowed for the contractor to perform for up to 6 months under a firm fixed price level of effort.

b. Other facts. The resultant contract after the phase-in 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 for the phase-in to facilitate commencement of contract 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.

Approval

Based on the foregoing justification, I hereby approve the procurement of TOG caisson horse Phase-In period valued at $489,687.84 on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name: LTC Matthew Wernert Title: Contracting Officer