vei-redacted JA_Redacted.pdf

CUI//SP-PROCURE//FEDCON

Control Number: West Point-2023-02

JUSTIFICATION REVIEW DOCUMENT

FAR 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Cemetery Operation and Ground Maintenance

Authority: 10 U.S.C. 3204(a)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Prepared by: DSN:

Contract Specialist Date: 30 JAN 2023 Email: .civ@army.mil

Contracting Officer: DSN:

Contracting Officer Date: 30 JAN 2023 Email: .civ@army.mil

Technical: DSN:

Cemetery Administrative Specialist Date: 30 JAN 2023 Email:

Requirements: DSN:

Cemetery Director Date: 30 JAN 2023 Email: .civ@army.mil

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

Program Manager:

DSN:

Date: See digital signature

Small Business Professional:

_ Date: See digital signature

Legal Counsel:

Director, MICC-West Point:

cost to the Government. There is no guarantee that another contractor would be prepared to start services on 1 February 2023 at a fair and reasonable cost with one day expected for award notice and with no location on West Point for staging.

b. Alternatives. An alternative would be to award to another contractor who will have high startup cost and a delayed start date for a temporary contract.

c. Impact if justification not approved. If timely burial/inurnment services are not conducted for honorable service members, the families of the service members would be drastically impacted in their time of loss, adding to their grief during this difficult time.

West Point Cemetery is an important piece of history for the United States Military Academy. If the ground maintenance services are not continued it will have an impact of West Point residents and the families of the service members buried at the cemetery.

The Academy cannot perform burial services without the contract being continued.

6. Efforts to Obtain Competition: There were no efforts made to obtain competition.

7. Actions to Increase Competition: The Government is completing evaluation of a competitive procurement for the follow-on 5-year Cemetery Operations and Grounds contract and anticipate award in April 2023.

8. Market Research: Market Research completed for the current solicitation W911SD22R0140 is still valid. Market research concluded that there were two or more Service Disabled Veteran Owed Small Business that were interested in solicitation.

9. Interested Sources: While an estimate was received from the current contractor on site, there is not an expectation of a fair and reasonable price from any new contractor who would have to set up a location off West Point, hire employees, purchase and bring equipment and supplies to said location in less than one business day.

10. Other Facts: The KO determination is that no entity other than the contractor presently performing on-site incumbent may meet the required continued performance requirements by 1 February 2023. It is determined that even additional short periods of no performance are not acceptable and must be provided as there are ongoing timely needed services to be performed with time sensitive funerals, etc.

Procurement History.

Contract No. W911SD-23-P-0003 Period of Performance: 1 NOV 2022 – 31 JAN 2023 Competitive Status: Only One Available Source Authority: FAR 6.302-1

Contract No.: W911SD-22-P-0131 Period of Performance: 1 OCT 2022 – 31 OCT 2022 Competitive Status: Only One Available Source

Authority: FAR 6.302-1

Contract No.: W911SD-19-P-0106 Period of Performance: 01 APR 2019 - 30 SEP 2022 Competitive Status: Full and Open Competition

11. 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.

Cemetery Administrative Specialist

12. 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.

Cemetery Director

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based price analysis techniques listed in FAR 13.106-3. Certified cost or pricing data is not required per FAR 15.403-1(b)(3).

Contracting Officer

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

Approval

Based on the foregoing justification, I hereby approve the procurement of Cemetery Operation and Maintenance Services on an Other Than Full and Open Competition basis pursuant to the authority of Title 10 United States Code Section 3204(a)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements, as implemented by Federal Acquisition Regulation 6.302-1. The estimated value of the modification is $405,000 for a period of performance consisting of a 3-month option and two 1-month options from 1 February 2023 through 30 June 2023. The approval is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Jarrod Bowsky