Justification and Approval_21P5004_Redacted.pdf

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4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 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.

5. Rationale Justifying Use of Cited Statutory Authority.

The current contract is set to expire on 26 March 2023. A bridge contract is requested to ensure there is no gap in Gull Abatement services. There is a continuing need for Gull Abatement Services, but the planned Fiscal Year 2023 (FY23) contract will not be awarded prior to expiration of the current contract, on 26 March 2023. NPGI 32.702(4) states that the project manager remains responsible for validation of funding availability and communicating this to the contracting officer for actions below the Simplified Acquisition Threshold. Funding availability is regularly communicated by the Project Manager submitting a guarantee of funds with the work package. Prior to the FY23 budget being passed, this fiscal year began with a continuing resolution in place, resulting in a delay in the submission of a work package pending the request and receipt of a guarantee of funds. Subsequently the reprocurement of the planned FY23 contract for these mission critical services was delayed.

The proposed bridge would support services April through June, a critical time period for the abatement service, as it is the beginning of nesting season for the largest nuisance species at the facility (glaucous-winged gulls). Once birds establish nesting territories, they are almost impossible to harass away from the site. The abatement service persistently harasses birds from the area in order to prevent them from establishing territories. A break in service during nesting season would lead to significantly higher gull population counts at the facility and relatedly, significantly higher excrement loads, placing TRF employees' health and safety at risk.

Additionally, Waterfront Restricted Area (WRA) access is required to perform the subject Gull Abatement Services, and there is a lengthy badging process involved to obtain clearance to enter this restricted area. Presently, Parliament LLC, the current contractor, is the only vendor with the ability to provide personal that have current security clearances in place for WRA access. As a result, Parliament LLC has been deemed the qualified source that is able to continue the required support during the short three (3) month service and avoid service interruption and adverse impact to the TRF mission.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

As part of the market research conducted for the pre-solicitation phase to award a new five-year Gull Abatement Services contract later in FY23, only two responses were received in response to a sources sought notice synopsized on the SAM website. The first respondent was the incumbent, Parliament LLC. The other respondent, Sky Guardian LLC, may be an eligible source for the planned FY23 contract, however, presently their employees do not hold the required badging for WRA access. Badging and security clearance delays would result in service interruption and would have an adverse impact to the TRF mission during the proposed time frame of the requested bridge contract.

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In accordance with (FAR) 6.305, the approved Justification and Approval (J&A) will be made publicly available, and posted on the Government’s Point of Entry, Sam.gov website, Contract Opportunities, within 30 days after award of the contract modifications.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

The Navy is in the pre-solicitation phase and plans to award a new five-year contract (base year + four option years) later in Fiscal Year 2023. The follow-on contract will be publicly solicited.

Competition requirements will be met through the issuance of an unrestricted full and open competitive procurement with an internal total small business set-aside. The planned award date is June 2023.