JOFOC FAR 6.302-1 Perimeter - 1202SC25R2500 Signed.pdf

Justification & Approval Natural Resources and Environment (NRE) Mission Area

Federal Acquisition Regulation Part 6.3 6/26/2025

National Retardant Long-Term Fire Retardant - 1202SC25R2500

Sole Source w/ Perimeter Solutions LP

1. Identification of the agency and the contracting activity.

United States Department of Agriculture/Forest Service (USDA/FS) Procurement and Property Services (PPS), Incident Procurement Operations (IPO), Incident Strategy Analysis (ISA) 3833 S Development Ave Boise, Idaho 83705 Contracting Officer: Larry Robillard, FS, PPS, IPO, ISA larry.robillard@usda.gov, (208) 407-6003

2. The nature and/or description of the action being approved.

This justification for other than full and open competition will result in a follow-on, sole source contract established at the end of the period of performance of the current contract # 1202SC24T2500 and will be a negotiated firm fixed price, with economic price adjustment, indefinite-delivery indefinite-quantity (IDIQ) contract with Perimeter Solutions, LP (Perimeter) for the supply of aerial Long-Term Fire Retardant (LTFR) products. The national aerial Long-Term Fire Retardant (LTFR) acquisition provides for the supply of fully qualified aerial LTFR products and necessary ancillary services at the designated permanent fixed locations and to include Type A (Full-Service), Type B (Bulk) and Type C (Call When Needed) Airtanker Bases (ATBs) throughout the United States in support of the USDA Forest Service, Department of the Interior and interagency state and local partners.

Fully qualified aerial LTFR products include only those products qualified through the Qualification Requirement (QR) established by the Forest Service in accordance with United States Department of Agriculture (USDA) Forest Service Specification 5100-304d, Interim Amendment 1 (or latest version) as listed on the QPL for aerial LTFR products for wildland fire management and in accordance with USDA Contracting Desk Book Part 409.2. Presently, Perimeter Solutions LP offers the only fully qualified LTFR.

Ancillary services include the shipping, storing, mixing, loading, off-loading of the aerial LTFR products, and loading of water onto fixed wing aircraft, as necessary to mee the Government’s requirement for supply of the aerial LTFR products, at the various ATBs.

This follow-on contract will be issued for a five-year period and may include one base period of up to two-years and subsequent one-year option periods to complete the five-year period of performance. The total period of performance will begin on 1/1/2026 and continue through 12/31/2030, provide all option periods are exercised.

mailto:larry.robillard@usda.gov

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The USDA FS, Bureau of Land Management (BLM), and Bureau of Indian Affairs (BIA) have a requirement to supply fully qualified aerial LTFR and unique and necessary ancillary services to complete the supply, to the designated ATBs throughout the United States. The requirement includes three types of ATBs, the first is a Type A (full-service) location where the Contractor provides the necessary equipment and labor supplemented by limited Government furnished equipment to meet the requirement. The second is a Type B (bulk) location where the Government owns and provides the labor necessary to store, mix and load the fixed wing aircraft and the Contractor may supply limited equipment as required to reduce costs and utilize existing equipment until the end of its useful life. The third type of ATB is a Type C (Call When Needed) location where the Government establishes a pre-determined footprint and water, power and wastewater capabilities designed to house a Mobile Retardant Base during times of need. Estimated value for the contract will vary depending on the severity of fire season. Based on historical averages and expenditures the total estimated value of the contract for one base period (two-years) is approximately $500 million and three one-year options, approximately $800 million total for a total of $1.3 billion.

Should the ceiling be anticipated to exceed the value identified above, a subsequent Justification, or amendment, for the additional value will be drafted, approved and posted to sam.gov.

4. The statutory authority permitting other than full and open competition.

41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1, titled "Only one responsible source and no other supplies or services will satisfy agency requirements."

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The Government has established a Qualification Requirement (QR), in accordance with USDA Contracting Desk Book Part 409.2, for the approved use of aerial LTFR products. Only fully qualified aerial LTFR products may be used for aerial wildland firefighting efforts. At this time, only one supplier, Perimeter, has successfully attained full qualification.

It is anticipated, during this period of performance, that a new supplier may attain full qualification for a new aerial LTFR product and this acquisition has the ability to off-ramp a limited quantity of the requirement for the sole purpose of establishing an alternate source.

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

A notice will be placed in the Government Point of Entry (GPE) stating the Government’s intent to award a sole source contract to meet the Government’s requirement for fully qualified aerial LTFR products, to support aerial wildland firefighting efforts. This notice will allow any interested parties with products and services that meet the specifications and requirement for fully qualified aerial

LTFR products to submit their offer. Additionally, any interested party will be provided the opportunity to submit their qualified products for testing as required by and in accordance with United States Department of Agriculture (USDA) Forest Service Specification 5100-304d, Interim Amendment 1 (or latest version).

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

Price reasonableness will be determined by utilizing price analysis in accordance with FAR 15.403- 3 (c) and through commercial price listings and prices found fair and reasonable on previous acquisitions of the same or similar items/services.

However, per FAR 15.403(c), if the Contracting Officer cannot determine the offered price to be fair and reasonable, then the offeror may be required to submit data other than certified cost or pricing data to support further analysis.

8. A description of the market research conducted 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. New sources of LTFR suppliers have been solicited annually through postings on the GPE. Several new entrants have responded to this Sources Sought inquiry over the past five years. The USDA FS National Technology Development Program (NTDP), continually work with new entrants and perform significant testing on the potential new products and supplier of LTFR. Questions and answers are provided along all steps of the discovery and product testing and performance evaluations.

At this time there are three companies currently in testing:

1. Kaiterra (100-FS-F) – Liquid Concentrate: Currently in testing at NTDP with possible OFE in 2026;

2. Flame Security International (Defend) – Liquid Concentrate: Currently in testing at NTDP with possible OFE in 2026;

3. Komodo – Liquid Concentrate: Currently in testing at NTDP with possible OFE 2026.

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

The USDA FS implemented a QR through Specification 5100-304d, Interim Amendment 1 (or latest version) for aerial LTFR products. This specification identifies the necessary qualities of aerial LTFR products and their evaluation along with appropriate application methods and uses. The result of such a specification is a QPL for aerial LTFR products that meet or exceed minimum requirements of the Government. Per FAR 9.202(a) and IAW USDA Contracting Desk Book Part 409.2, the Justification for QR has been prepared and approved by the head of the agency or their designee.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

There are currently three (3) firms (listed above) that are working through the qualification process for their LTFR products at the NTDP. 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 prior to the award of this contract and the required period of performance start date.

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

USDA/FS offers opportunities to any interested parties to qualify their aerial LTFR products as required by and in accordance with United States Department of Agriculture (USDA) Forest Service Specification 5100-304d, Interim Amendment 1 (or latest version). Information for qualification of products is available at https://www.usda.gov/sites/default/files/documents/qr-0001-long-term-fire-retardants.pdf

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

Certifications & Approvals

Supporting data that form the basis for and included in this justification are certified accurate and complete.

Kerry Greene Fire Chemicals Branch Chief, FAM kerry.greene@usda.gov

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Larry Robillard Contracting Officer, FS, PPS, IPO, ISA larry.robillard@usda.gov

Additional Reviews & Approvals

Signatures are required at each threshold up to the total estimated dollar value of the acquisition

Advocate for competition for the procuring activity (if over $750,000, but not exceeding $15 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity/MASCO, I hereby approve this justification. If required, my approval constitutes clearance for submission to the Head of the Procuring Activity.

Mary Morris Mission Area Senior Contracting Activity, USDA FS, Director Procurement & Property Services mary.morris@usda.gov

Head of the Procuring Activity (if over $15 million, but not exceeding $75 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as Head of the Procuring Activity, I hereby approve this justification. If required, my approval constitutes clearance for submission to the Senior Procurement Executive.

Matthew Kopp Head of the Contracting Activity, Acting United States Department of Agriculture matthew.kopp@usda.gov mailto:kerry.greene@usda.gov mailto:larry.robillard@usda.gov mailto:chantel.smith@usda.gov mailto:matthew.kopp@usda.gov

Senior Procurement Executive of the Agency (if over $75 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, as the Senior Procurement Executive, I hereby approve this justification.

Hilary (Cole) Erickson Senior Procurement Executive, Acting United States Department of Agriculture hilary.erickson@usda.gov mailto:hilary.erickson@usda.gov