JOFOC Gardening Contract Extension.docx

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that the US Embassy in Tunisia use other than full and open competition for the acquisition of gardening services for the Embassy compound.

CMR and DCR. Total cost is $ 35,791.00

1. Nature and/or description of the action being approved.

The US Embassy in Tunis requires four-month extension for gardening services at the Embassy compound starting July 1st, 2025. The Current contract, with all extensions, expired on June 30th, 2025 with no additional option years.

The US Embassy in Tunis intended to solicit a new contract for gardening services, however, due to multiple unforeseen challenges, prevented US Embassy Tunis from completing the solicitation by the required date.

Due to this delay, Post is pursuing a four-month contract extension modification.

1. A description of the supplies or services required to meet the agency’s needs.

Gardening and Landscaping services for the Embassy Compound, the Chief of Mission and the Deputy Chief of Mission residences.

1. An identification of the statutory authority permitting other than full and open competition.

Unusual and compelling urgency (FAR6.302-2)

1. A Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited).

The Current contractor Yasmine Garden has provided these services for the past five years following a competitive solicitation. As the incumbent, Yasmine Garden is in a unique position to provide a timely offer for the services and continue providing services with no lapse in coverage while a new contract is solicited.

1. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a CBD notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., blanket waiver provided in DOSAR 605.202-70).

Solicitations for Landscaping and gardening services will be advertised on the Embassy’s webpage, local newspaper and www.sam.gov. This J&A for other than full and open competition will be published at www.sam.gov with a notice of intent to sole source to meet the requirements of FAR 5.201.

1. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

After reviewing the rates specified in the original contract and determined that the anticipated cost to the Government for the requested four-month extension is fair and reasonable. This determination ensures compliance with FAR 52.217-8 and supports the continuation of essential gardening services without interruption.

1. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

A review of current market conditions indicates that the rates specified in the contract remain competitive and align with industry standards for similar gardening and landscaping services. The contractor’s rates are consistent with the pricing offered by other contractors ensuring cost efficiency for the government.

1. Any other facts supporting the use of other than full and open competition.

The contract extension must be awarded using other than full and open competition to ensure there is no interruption in the services. Conducting a full and open competition for a short-term contract would be impractical and could result in delays, leaving the grounds without necessary maintenance. Engaging a new contractor for a short-term period would likely result in higher costs due to onboarding, administrative expenses, and potential inefficiencies during the transition. It is in the best interest of the award the four-month contract extension to the current contractor as they are familiar with the site and proven track record make them uniquely qualified to continue providing the services during the extension period without the need for onboarding or training.

1. A listing of sources, if any that expressed, in writing, an interest in the acquisition.

None.

1. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required

All future acquisitions will be subject to full and open competition to comply with regulatory Federal Acquisition procedures. The Pre-solicitation notice for the new gardening contract will be advertised on www.sam.gov as soon as the draft solicitation is approved by A/GA.

This J&A for other than full and open competition will be published at www.sam.gov with a notice of intent to sole source to meet the requirements of FAR 5.201. and 6.305.

CERTIFICATIONS

Requiring office I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

_July 28th, 2025_____________ _____________________ Facility US Embassy Tunis

_July 28th, 2025____ ________________________ Autumn Muller / Contracting Officer US Embassy Tunis