Final JOFOC Signed.pdf

Justification for Other than Full and Open Competition

Solicitation number: 1202SC25R2500 - National Long-Term Fire Retardant Operational

Field Evaluation for Conditionally Qualified Product List

The following document is prepared in accordance with Federal Acquisition Regulation 6.302-1

1. Contracting Activity

United States Department of Agriculture/Forest Service (USDA FS) Procurement & Property Services, Incident Procurement Operations (PPS-IPO) 3833 S Development Ave Boise, Idaho 83705 Contracting Officer: Nathan Sabo Nathan.sabo@usda.gov 541-408-8754

2. Nature and/or description of the action being approved:

This justification for other than full and open competition will result in the award of a negotiated firm fixed, Requirements contract with Compass Minerals Company (herein after referred to as the Contractor) for the supply of an estimated 900,000 gallons of conditionally qualified QELA brand Long-Term Fire Retardant (LTFR) and any ancillary services to support the USDA FS Operational Field Evaluation (OFE) under the Qualified Product List (QPL) qualification process (in accordance with USDA Contracting Desk Book Part 409.2).

The contract Period of Performance is from 4/1/2025 – 10/31/2025 for the delivery of the product for use during the OFE.

3. Description of the supplies and/or services required to meet the agency’s needs

(including the estimated value):

The USDA FS requirement is to supply LTFR and any ancillary services unique to the Contractor’s product at the designated Airtanker Bases identified by the USDA FS. LTFR includes only those products current and future that are conditionally or fully qualified by the Forest Service in accordance with United States Department of Agriculture (USDA) Forest Service Specification 5100-304d, Interim Amendment 1 and listed on the Qualified Products List (QPL) for Long-Term Retardant for Wildland Fire Management. As updated QPLs are only posted monthly, the posted qualification status may lag the real time status. The Government will provide the retardant base operations and equipment with such property in order to properly execute the requirements of the OFE. Estimated value for the contract will vary depending on the exact result of negotiations between the Government and the Contractor. Based on the Government’s estimate and on historical pricing the LTFR has a total estimated value of $13,000,000.

4. Identification of the statutory authority permitting other than full and open competition: 41 U.S.C.3304(a)(1) Only one responsible source and no other supplies or services will satisfy the agency requirements.

Justification for Other than Full and Open Competition Procurement Solicitation number: 1202SC25R2500

LTFR Operational Field Evaluation – Compass Minerals

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

The USDA FS recently implemented Specification 5100-304d (or latest version) for Long- Term Retardant, Wildland Firefighting to continue to ensure safety of human life and property, address environmental impact decisions and ensure effectiveness of retardant. This specification identifies the necessary qualities of retardant products and their evaluation along with appropriate application methods and uses. The result of such a specification is a QPL of LTFR that meets or exceeds the minimum requirements of the Government. Per FAR 9.202(a) the justification for Qualification Requirement has been prepared and approved by the head of the agency or their designee. This OFE requirement is a major milestone in the process for qualifying additional products onto the QPL. The Contractor has successfully completed all predecessor steps in the QPL process in order to achieve conditional qualification which is required prior to executing the OFE. This OFE step is comprised of a proctored evaluation of the Contractor’s product in a live field environment. The QPL process requires the delivery an estimated 200,000 gallons of product for evaluation by the Government. Further, the OFE will include the delivery of an estimated additional 700,000 gallons of product for evaluation to ensure that the new product can be safely and effectively co-mingled with existing LTFRs in an operational environment. Lab testing of the co-mingled products showed no signs of corrosion or other safety issues; however, it is necessary to continue testing in the field environment to ensure safety of aircraft when these products are co-mingled. No other contractor has completed the predecessor steps in the QPL process to become conditionally qualified and eligible for an OFE and therefore the Contractor is the only supplier that meets the authorities specified herein.

6. Description of the efforts made to ensure that offers are solicited from as many sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception number 5.202 applies.

A notice will be placed in the Government Point of Entry (GPE) identifying the intent to award a sole source contract to Compass Minerals. This notice will alert any interested parties with products and services that may meet the specifications for placement on the QPL, or able to supply these products and services, to submit their qualified products for testing as required by US Department of Agriculture Forest Service Specification 5100-304d, Interim Amendment 1 Long-Term Fire Retardant, Wildland Firefighting.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The Forest Service will determine the negotiated cost fair and reasonable by using cost analysis techniques. Cost and Pricing Data will be requested and analyzed by the Government team towards developing a negotiation position. Additionally, efforts are underway with Navy Price Fighters, a third-party Government cost analysis group, to perform a “should cost” analysis on LTFR products and services the FS acquires. It is anticipated the study will be completed by end of January 2025 and may be of assistance in supporting negotiations, and the fair and reasonable determination.

8. Description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted:

Market research has been ongoing to identify potential fire chemical and retardant providers.

The Retardant Services project was conducted to further evaluate the possibility of soliciting and awarding services separate from the retardant product. Retardant Services project overview and analysis is available by contacting David Haston, Assistant Director, FS FAM- WO- david.haston@usda.gov or 208-387-5642.

9. Other factors supporting the use of other than full and open competition: NA

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition:

There are currently three (3) firms that are working through the qualification process for their LTFR products at the Missoula Technology and Development Center. The Wildland Fire and Chemical Program Leader responsible for the QPL evaluation procedures noted that no other LTFR products currently under evaluation could reach full qualification within the next 12 months. Therefore, it is not anticipated that there could be any other qualified sources to express interest in this acquisition prior to the required period of performance start date.

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

There are no additional actions that the Government could undertake in order to remove or overcome barriers to competition prior to this acquisition required period of performance start date.

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

Prepared by:

David Haston Date Assistant Director, FS FAM-WO david.haston@usda.gov

Reviewed/Approved by:

Nathan Sabo Date Contracting Officer:

Nathan.sabo@usda.gov

Melinda Draper Date Branch Chief - Logistics, FS PPS-IPO melinda.draper@usda.gov

Kellie Cenzano Date Mission Area Senior Program Manager, FS Ops-WO-Office of Deputy Chief kellie.cenzano@usda.gov

Mary A. Morris Date Director, FS PPS Mission Area Senior Contracting Officer Mary.Morris@usda.gov