Subject: Justification and Approval for Other Than Full and Open Competition IAW FAR 6.302-2
To: Contract File
1. AGENCY IDENTIFICATION AND CONTRACTING ACTIVITY
The National Cemetery Administration (NCA), Centralized Contracting Division, has a need to approve a "Justification for Other Than Full and Open" requirement in accordance with FAR 6.3, Other Than Full and Open Competition.
This urgent and compelling procurement action in accordance with IAW FAR 6.302-2 is based on the need to contract services to provide headstone raise/realignment services at Abraham Lincoln National Cemetery, Elwood, IL under a new purchase order for one month, April 1 - 30, 2010, to prevent uninterrupted burial services.
2. NATURE AND/OR DESCRIPTION OF THE ACQUISITION BEING APPROVED
Approval of a new purchase order is needed for the continuation of headstone raise/realignment services from April 1, 2010 to April 30, 2010 at the Abraham Lincoln National Cemetery, 20953 W. Hoff Road, Elwood, IL 60421. This purchase order is needed to provide proper burials at Abraham Lincoln National Cemetery without any interruption in services.
3. DESCRIPTION OF THE SUPPLIES AND SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS
NCA has a need to contract services for labor, materials, supplies, and equipment to erect, emplace, replace, raise and realign upright granite headstones and flat granite markers at Abraham Lincoln National Cemetery, 20953 W. Hoff Road, Elwood, Illinois 60421.
The estimated value of the grave liner installation services from April 1 through April 30, 2010 is $14,550.00.
4. IDENTIFICATION OF STATUTORY AUTHORITY
The requirement will be solicited under citation 10 U.S.C. 2304(c) (2), 41 U.S.C. 253(c) (2) and FAR 6.302-2: Unusual and compelling urgency
5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED
The proposed contractor, Laurcal Inc DBA Pacific West Labor Services, provides current headstone raise/realignment services at Abraham Lincoln National Cemetery under Contract No.: VA786-P-0117, which expires on March 31, 2010. The Government is currently in the process of soliciting the same requirement under Request for Proposals (RFP) No. VA-786-10-RP-0100, with a period of performance one (1) base term (date of award to September 30, 2010) with four (4) option one-year periods , if exercised by the Government.
The RFP was issued on February 24, 2010. There was one (1) amendment to the RFP, resulting in a proposal due date of April 2, 2010. A new contract against the RFP will not be awarded before the current contract's expiration date of March 31, 2010.
A headstone is a marker, normally carved from stone, placed over or next to the site of a burial in a cemetery. Raise and realignment involves raising the headstone and realigning it to match other headstones in that row/section at the Cemetery, resulting in a consistent and quality appearance for the Cemetery.
NCA provides headstones, raise, realignment, set, and installation services for all headstones at no cost to veterans and eligible dependents. If NCA were not to have headstone raise/realignment services, then it will harm the Government in not being able to provide complete burial benefits to veterans and eligible dependents.
The requirement is essential to continue the raise/realignment of headstones at Abraham Lincoln National Cemetery, to give our Nation's veterans dignified, timely memorial services. This type of continued service requires a local presence, understanding of the Cemetery's timely needs, and on short notice can meet with the requirements of the Abraham Lincoln National Cemetery. The current contractor can provide that timely local presence to ensure this continuation of services until a new contract is awarded. Disruption in headstone raise/realignment services would result in delays to proper burials of our Nation's veterans.
Therefore, a new purchase order is urgently needed so there is no lapse in headstone raise/realignment services to provide the proper burials at Abraham Lincoln National Cemetery.
6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTIABLE
At this current time, it is not practicable to solicit offers for one month of services when the requirement for a base term with four one-year option periods are currently being solicited under RFP No.: VA-786-10-RP-0100. The Government demonstrates the efforts of seeking potential sources by advertising RFP No.: VA-786-10-RP-0100 at www.fbo.gov.
7. DEMONSTRATION THAT THE ANTICIPATED COST WILL BE FAIR AND REASONABLE
The Government anticipates that the proposed cost will be fair and reasonable in accordance with FAR 15.404-1(b) (ii) and (v).
8. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS OR STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED
Due to urgent and compelling requirement to provide Abraham Lincoln National Cemetery with continued services for one month, market research was not conducted.
There is not enough time to conduct adequate Market Research, solicit, and have a timely award by April 1, 2010.
Market research in accordance with FAR 10 was conducted under the current solicitation, RFP No.: VA-786-10-RP-0100 for the same requirement, with a proposed due date of April 2, 2010.
9. OTHER FACTS SUPPORTING
In accordance with FAR 6.303-2(iii), the nature of harm that would be brought to NCA is that if NCA does not have contracted headstone raise/realignment services in place, it will harm the abilities of NCA to provide burial services to veterans and their dependents and bring humiliation to NCA's respected image.
10. CONTRACTING OFFICER'S CERTIFICATION
"I certify that the facts and representations under my cognizance and which are included in this Justification and Approval are accurate and complete to the best of my knowledge and belief."