JA Tree Shrubs 2nd Bridge_26-03 (002)v5 (002).pdf

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Control Number: 26-03

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JUNE 2025

JUSTIFICATION REVIEW DOCUMENT

FAR 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS SOLE

SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: This J&A is for Arlington National Cemetery Tree & Shrubs Services for three (3) months extensions from 27 December 2025 to 26 March 2026.

The estimated value of this contract is $749,935.71

Authority: Simplified Procedures for Certain Commercial Items, Title 41 U.S.C. 1901 as implemented by FAR 13.5: Only one responsible source and no other supplies or services will satisfy agency requirements

Amount: $749,935.71

Prepared by:

Edward Faison Contract Specialist Edward.k.faison.civ@army.mil

Phone: 804-512-1837

Date:

Contracting Officer:

Kenneth L. Mitchell Contracting Officer Kenneth.l.mitchell.civ@army.mil

Phone: 520- 687-6407

Technical: Gregory Huse

ANC Urban Forester/COR Gregory.r.huse.civ@army.mil

Phone:703-695-3588 mailto:Edward.k.faison.civ@army.mil mailto:Gregory.r.huse.civ@army.mil

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Maj. Marion Hurley Contract Management Officer marion.m.hurley.mil@army.mil Phone:703-695-3589

Reviews: I have reviewed this justification and find it adequate to support sole source

Program Manager/Program Executive Officer:

Maj. Marion Hurley Phone: 703-695-3589 Contract Management Officer E-mail:

Legal Counsel:

Brenda Oswalt Contracts Attorney Brenda.m.oswalt.civ@army.mil 520-699-7486

Requirements:

mailto:marion.m.hurley.mil@army.mil mailto:Brenda.m.oswalt.civ@army.mil

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JUSTIFICATION REVIEW DOCUMENT

FAR 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS SOLE

SOURCE JUSTIFICATION AND APPROVAL

1. Requiring Activity: Tree & Shrubs Services / Arlington National Cemetery (ANC)

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

3. Description of Action: Arlington National Cemetery (ANC) requires a firm fixed price services contract for Tree & Shrubs Services. The Government projects award for 27 December 2025 to 26 March 2026 FY2026 Operations and Maintenance, Army funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

4. Description of Supplies/Services: The contractor will provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform planting, pruning and removal of trees and shrubs in accordance with the Performance Work Statement.

Period of Performance: 27 December 2025 to 26 March 2026

Value: $749,935.71

5. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C.1901 as implemented by FAR 13.501(a), only one responsible source can perform the requirement.

6. Reason for Authority Cited: The requested 3-month bridge from 27 December 2025 to 26 March 2026 will prevent a break in service until the new Tree & Shrubs Re-compete requirement can be awarded and provide 20 days of transition.

a. Background: The competitive contract award for planting, pruning, and removal of trees and shrubs at ANC was anticipated to be made prior to the expiration of the current contract. Since award cannot be made at this time, a short-term bridge contract will be necessary until the competitive award can be awarded.

Tree & Shrub contract W91QV120C0021 and the associate FAR 52.217-8 expired on 26 September 2025. The Bridge contract W91QV125CA075 will expire on 26 December 2025.

Due to circumstances the re-compete award cannot be made by 27 December 2025. This action is for a second 90-day bridge contract. Specifics cannot legally be provided, as the findings are source selection sensitive. The current contract has no additional options/extensions available. Award of the competitive follow-on contract is expected no later than 7 March 2026, which allows 20 days of transition to the new award to provide a full performance start date of no later than 27 March 2026. Award of this short-term

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contract to any company other than the incumbent would result in unacceptable delay. In addition to the time, it would take to complete a short-term contract, a transition period of 20 days is necessary for a new contractor to effectively assume these contract responsibilities, so the incumbent contractor is the only contractor who can effectively assume contract responsibilities at this time.

b. Alternatives: The current contractor already is equipped with the necessary material, equipment, and labor that is required for service. The current contractor is staffed with personnel that are historically familiar with all the facilities, facility coordinators, points of contact, police and procedures of the current Arlington National Cemetery Security Procedures. If the requirement were to go through the standard full and open competition process, there would be an unacceptable delay or break in service. The additional time needed to complete a procurement process would have significant negative consequences, such as jeopardizing critical service. Awarding the current contractor, Discount Tree Service Inc, will ensure there is no break in service and government will not incur any duplication in cost.

c. Impact if not approved: Due to any competitive action or sole action by the government to another contractor would result in an unacceptable delay. Competitive action would take approximately 5 months or more to award a competitive small business set aside contract for Tree & Shrubs: 1) a minimum of six weeks for the required activity to resubmit the requirements documentation: 2) three weeks to generate a request for proposals with all appropriate reviews: 3) four weeks to solicits the proposals:

4) another four weeks to conduct discussions and make award. With the current contract end of service occurring, Arlington National Cemetery (ANC) cannot go without tree & shrubs services. The absences of tree & shrubs services would lead to road closure in and around the facilities due to fallen trees and branches putting the funeral services and public safety at risk and prevent ANC from carrying out its statutory missions.

d. Note: This J and A is for a Bridge contract following a previous 90-day Bridge contract that was issued to ensure the competitive award process for the acquisition of Tree and Shrub services meets the required FAR, DFARS, and AFARS requirements of a full and open competitive award using trade-offs as the basis of the said award. Discussions are necessary.

Due to the Government shutdown and the furlough of key government personnel the initial 90-day Bridge contract period of performance was not sufficient time to complete the Competitive Range Determination. This additional 90-day Bridge contract will ensure successful award and withstand protest actions that may interrupt mission essential services at Arlington National Cemetery.

7. Efforts to Obtain Competition: Though market research indicates other firms may be capable of conducting this type of work, given the time constraints with the expiration of the current contract on 26 December 2025 and the uncertainty of award for the follow-on contract, a bridge contract with the current incumbent is the only responsible source able to perform in the timeframe required to avoid a break in service and satisfy agency needs.

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8. Actions to Increase Competition: A bridge contract is necessary to preclude a break in service until the follow-on Tree & Shrubs Services Re-compete is awarded.

9. Market Research: A source sought was posted on sam.gov and closed on December 23, 2025, with only One (1) company responding to the notice:

1. Brennan Manns (dba) The Arborist

Market research indicates there are numerous Small Business Contractors of various socio-economic concerns within the states of Virginia, Maryland, and the District of Columbia that can perform this requirement. The Government has a significant amount of leverage in the marketplace when it comes to services of this type as the Government is a large buyer of services categorized as Facility Related Services (Natural Resources Management), which includes Tree & Shrub services.

The Arborist, the only vendor to responded source sought would be incapable of mobilizing within next four days, staffing personnel, equipment, labor, security badges, and the uncertainty of award for the follow-on contract, a bridge contract with the current incumbent is the only responsible source able to perform in the timeframe required to avoid a break in service and satisfy agency needs.

The Contracting Officer has determined that to prevent a break in service a sole source award issued to the incumbent, Discount Tree Service Inc, is necessary to ensure the mission of Arlington National Cemetery. The current contractor already is equipped with the necessary material, equipment, and labor that is required for services. The current contractor is staffed with personnel that are historically familiar with all the facilities, facility coordinators, points of contact, police and procedures of the current Arlington National Cemetery Security Procedures. This contract of 90 days allows completion of source section procedures for the follow-on contract. In conclusion, it is recommended that requirements be sole source to the incumbent Discount Tree Service Inc.

10. Interested Sources: Only one responsible source due to an unacceptable delay.

Market research indicates that transitioning to a new vendor would incur additional costs, and delays to onboarding, security vetting, and training.

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11. Other Facts Procurement History:

Contract number: W91QV1-14-C-0144 Awarded Contractor: Discount Tree Services, INC (Small Business) Description of requirement: Tree & Shrub Maintenance Service Method of procurement: 100% Small Business Set Aside Contract type: FFP Period of performance: 09/27/2014 - 03/26/2020 Total awarded amount: $13,560,658.39 Number of option periods: Base year plus four (4) option years (including FAR 52.217-8) Number of Offerors: Three (3) Source Selection Method: Best Value Trade Off Basis for fair and reasonable pricing: Competition

Contract number: W91QV1-20-C-0021 Awarded Contractor: Discount Tree Services, INC (Small Business) Description of requirement: Tree & Shrub Maintenance Service Method of procurement: 100% Small Business Set Aside Contract type: FFP Period of performance: 03/27/2020 - 03/26/2025

Total awarded amount: $12,185,163.16 Number of option periods: Base year plus four (4) option years (includes FAR 52.217-8) Number of Offerors: Two (2) Source Selection Method: Best Value Trade Off Basis for fair and reasonable pricing: Competition

FAR 52.217-8

A six (6) month extension was added to the current contract from 27 March 2025 to 26 September 2025 with a total contract value of $16,185,767.35

First Bridge Contract

Contract number: W91QV1-25-C-A075 Awarded Contractor: Discount Tree Services, INC (Small Business) Description of requirement: Tree & Shrub Maintenance Service Method of procurement: Sole Source Contract type: FFP Period of performance: 9/27/2025 to 12/26/2025

Total awarded amount: $749,997.89 Number of option periods:0 Source Selection Method: fair market price

J&A for Arlington National Cemetery Tree & Shrubs Services for three (3) months extensions from 27 September 2025 to 26 December 2025. The estimated value of this contract is $749,997.89.

(W91QV125CA075)

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12. 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.

Gregeory Huse ANC Urban Forester/ COR

13. 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.

Maj. Marion Hurley Contract Management Officer

14. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable. This determination will be made using IGCE. As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

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

Approval

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Based on the foregoing justification, I hereby approve the procurement of ANC Tree & Shrubs Services as implemented in FAR 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items. The estimated value of them is 749,935.71 for 3 months from 27 December 2025 to 28 March 2026 the approval is subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for this acquisition.

LTC. Jacob A. Bagwell Commanding MICC-Fort Belvoir