JOFOC_FY25 GNC.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFOC)

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1. Agency/Contracting Activity: Department of Veterans Affairs, National Cemetery Administration, Contracting Services, is procuring on behalf of Georgia National Cemetery.

2. Description of action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Proposed Contractor: Native Contractors, Inc Street Address: 12720 Hillcrest RD STE 785 City, State, Zip: Dallas, TX 75230 Phone: 972-239-7107

Procurement History:

Previous Contract or Purchase/ Task/ Delivery Order: Yes No

3. Description of the supplies or services: Irrigation install, Raising, realigning, and cleaning headstones and turf renovation in multiple sections at Georgia National Cemetery.

Delivery Date(s)/ Period of Performance: 12 months after NTP Total Estimated Value (Base & Options): $ 2,969,742

4. Authority: Select One FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C. 3304(a)(1).

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2).

FAR 6.302-3: Industrial mobilization, engineering, development, or research capability; or expert services, 41 U.S.C. 3304(a)(3).

FAR 6.302-4: International agreement, 41 U.S.C. 3304(a)(4).

FAR 6.302-5: Authorized or required by statute, 41 U.S.C. 3304(a)(5).

Select the appropriate VAAR clause used below:

819.7008 Sole source awards to a certified service-disabled veteran-owned small business (SDVOSB); or

819.7009 Sole source awards to a certified veteran-owned small business (VOSB)

FAR 6.302-6: National security, 41 U.S.C. 3304(a)(6).

FAR 6.302-7: Public interest, 41 U.S.C. 3304(a)(7).

5. Reason for Authority Cited: This justification is made pursuant to the Veterans Benefits Act of 2003, codified at 38 U.S.C. 8127(c) as implemented by VAAR subpart 819.7008. This statue authorizes the use

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v.02 08.24 of other than full and open competition when contracting with a SDVOSB or VOSB under specific conditions.

This justification for sole source is based on the authority provided, which allows the VA to award contracts to SDVOSBs/VOSBs using procedures other than full and open competitions when:

a. Anticipated Award Price: The anticipated award price does not exceed $5 million, complying with VAAR 819.7008(a)(1).

b. Responsibility of the Contractor: The contractor has been evaluated and determined to be responsible. Their past performance record, financial stability, and technical capability support this determination. The contractor is determined to be responsible, verified as an SDVOSB in SAM and by the SBA, and eligible to receive award.

c. Fair and Reasonable Price: The price is anticipated to be fair and reasonable, based on market research and price analysis, and such analysis will be documented prior to award.

d. Business Decision: The decision to sole source this federal contract to Native Contractors is in the best interest of the Government primarily due to its strategic alignment with operational efficiency and cost-effectiveness. Native Contractors is already on-site performing similar work as the grounds maintenance contractor. By awarding this contract solely to Native Contractors, the Government stands to achieve multiple significant benefits:

• Elimination of Additional Mobilization of Equipment and General Conditions:

Native Contractors’ existing presence negates the need for additional mobilization of equipment and setting up general conditions, which would otherwise entail substantial logistical planning and associated expenditure. This leads to considerable savings in both time and cost.

• Reduced Administrative Burden: Cemetery personnel currently manage multiple contractors on a daily basis, which is resource-intensive and time-consuming. By consolidating the contractual responsibilities with Native Contractors, the administrative workload is markedly reduced, allowing cemetery personnel to focus on other critical operations and enhance overall productivity.

Overall, this approach not only optimizes resource utilization and operational efficiencies but also aligns with prudent fiscal management principles. Thus, sole sourcing the contract to Native Contractors is deemed to be in the best interest of the Government, ensuring that resources are utilized in the most optimal and efficient manner.

6. Actions to Increase Competition: Given the specific statutory authority, efforts to solicit offers from additional sources are not applicable in this instance. The existing contractor, which is a SDVOSB, meets all specified requirements. Future acquisition of similar requirements, the Contracting Officer will seek to maximize competition among verified SDVOSBs/VOSBs whenever feasible. The Contracting Officer will conduct acquisition planning and to make the determination that is most appropriate and advantageous to for the Government.

7. Market Research: The Contracting Officer reviewed historical data, available SDVOSB GSA contract holders, and SBA/ VetCerts. In addition, a notice of intent to sole source was posted to sam.gov giving any interested offerors an opportunity to respond. Zero responses were received. Market research confirms that Native Contractors is the only verified SDVOSB presently available and capable of meeting all

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v.02 08.24 requirements without significant delay or cost escalation. Documentation of market research will be included in the acquisition file.

8. Fair and Reasonable Price Determination: As the Contracting Officer, I, hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable and is in the overall best interest of the Government. A price analysis will be conducted in accordance with FAR Part 15.

9. 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.

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

Auvorie Benson Date Contracting Officer VA National Cemetery Administration

One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

Daniel Kinney Date Chief, Construction Contracting Services VA National Cemetery Administration

Procuring Activity Advocate for Competition or Agency Advocate for Competition I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval for other than full and open competition.

Date

Ronald Hirtle Advocate for Competition VA National Cemetery Administration

AUVORIE BENSON Digitally signed by AUVORIE BENSON Date: 2025.09.26 12:15:37 -04'00'

DANIEL KINNEY Digitally signed by DANIEL KINNEY Date: 2025.09.26 11:30:33 -05'00'