Other than Full and Open Justification - 36C78625P50026.pdf

Justification for Other than Full and Open Competition

Under the Authority of VAAR 819.7008

1. Identification of the agency and Contracting Activity:

Contracting Activity Department of Veterans Affairs NCA Contracting Services

Requiring Activity Calverton National Cemetery 210 Princeton Blvd Calverton, NY 11933

2. Nature/Description of Action It is the intent of NCA Contracting Services to obtain 900 bags of fertilizer for the requiring activity.

This will be a one-time purchase to satisfy their need for the fall season.

3. Description of Services In accordance with agency objectives, the government has a need to procure 50 lb. bags of fertilizer with the following specifications: turf grade, 24-0-12, 2% FE with 60% sulfur or polymer coated urea for slow release. The estimated dollar value of this procurement is $40,500.

4. Description of Statutory Authority Permitting Other Than Full and Open Competition The basis for limiting the sources for this acquisition is based on the following regulations: FAR 13.106-1(b), FAR 6.302-5, and VAAR 819.7008

41 U.S.C. 3304(a)(5) provides authority to support the above-referenced regulations.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires the use of authority cited.

In accordance with Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5; specifically, VAAR 819.7008 Sole source awards to a certified service-disabled veteran-owned small business (SDVOSB), a sole source award to a SDVOSB is allowable. Therefore, award is being made to Green Wave Supply & Logistics, which is a certified SDVOSB in SAM and VetCert.

The cemetery has an ongoing need for fertilizer and the state of New York requires that fertilizer be applied before November 1st. In order to meet their Fall needs, a one-time purchase is being made on a sole source basis to meet their deadline. The government intends to award a follow-on contract with a base plus four option years. The follow-on contract will be competed to the maximum extent possible. This one-time procurement will support the efforts to maintain shrine standards.

A sole source, one-time Purchase Order is in the best interest of the government to meet the state’s deadline, while the long-term contract (base plus four option years) is being planned.

6. Description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

Due to the state’s deadline, there is not enough time to solicit competition; however, the subsequent base plus four option year contract will be solicited to the maximum extent possible.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated cost to the government is expected to be fair and reasonable because this is a commercial item readily available in the market. A determination of price reasonableness will be made by comparing the price to the Independent Government Cost Estimate and/or similar contracts within the National Cemetery Administration.

8. A description of the market research conducted.

A Sources Sought Notice (36C78625Q50011) was posted to SAM.gov and one of the responses was from Green Wave Supply and Logistics, a SDVOSB. Since a SDVOSB was available to supply the product before the state’s deadline, it was determined that a one-time purchase would be made to satisfy their needs and prevent deterioration of the appearance of the cemetery’s property. It was verified that Green Wave Supply & Logistics is still active in SAM.gov and has no exclusions. Green Wave Supply & Logistics is also verified in VetCert as an SDVSOB.

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

The cemetery grounds may suffer if the Fall application of fertilizer is not applied to the grounds before winter conditions arrive. The fertilizer ensures the grounds are getting the nutrients it needs to build strong roots to be able to endure the cold temperatures of a New York winter. It also ensures the grass in the Spring will be greener and healthier, ultimately supporting Shrine Standards. It is imperative for Calverton National Cemetery, one of the largest and most visited national cemeteries, to maintain these standards out of respect for our Veterans who are laid to rest there, and their families.

10. A list of sources that expressed interest in the acquisition.

Green Wave Supply & Logistics Earth Medicine USA Veterans Elite, Inc.

FL Ecommerces Farmers Fertilizer Co.

BHPE

11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the services.

The intent of this one-time procurement is to meet immediate needs, while a long-term contract with a one-year base and four, one-year options is established. The long-term contract will be solicited to the maximum extent possible.

12. Requirements 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.

10/18/24 Date

Anne M. Ellis Executive Director Calverton National Cemetery

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

Sarah Poole Date Contracting Officer VA National Cemetery Administration