Sole_Source_Justification_SIGNED_19Q0079.pdf

RFQ No.: 12034319Q0079 / Sole Source Justification & Approval for under SAT

SOLE SOURCE JUSTIFICATION AND APPROVAL FOR PURCHASES NOT

EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

FAR 13.106-1(b)(1)

1. In accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine that the Kootenai and Idaho Panhandle National Forest has a need for an programmatic Endangered Species Act (Act) Section 7 consultation for vegetative treatments, which includes conducting analytical assessments of impacts to listed species (e.g., grizzly bear, bull trout, and Canada lynx) and is only viable from one source, and competition is precluded for the reasons indicated below and IAS Requisition No.: 949527. This is a justification for other than full and open competition and approval to solicit a single source with no other substitutes available.

2. This acquisition is restricted to the following source:

Name: Kathleen Ports Company Name: Ports Consulting DUNS No.: 078404853 SAM Expiration: 02/21/2020 36 Stonedam Circle Meredith, NH 03254 Cell: 916-206-3125 Email: portskathleen@gmail.com

3. The services for an ESA programmatic consultation assistance support are estimated to cost $98,400.00 (See IGE Tab 2). The services are required to be completed by March 31, 2020. Period of Performance: From the date of award, estimated start date: May 1, 2019 – March 31, 2020.

Table 1. – PROJECTED TIMELINE & TASKS Task Timeframe

1. Project oversight and coordination/kickoff meeting

Kickoff meeting scheduled for May 2019 and oversight is ongoing throughout project

2. Draft Biological Assessment for internal FS review

October 2019

3. Final Biological Assessment January 2020

4. Prepare Draft Biological Opinion February 2020

5. Prepare Final Project Record March 2020

4. The requested item/service are described as:

The Northern Regional Office, in conjunction with the Kootenai National Forest and Idaho Panhandle National Forest (KIPZ), are developing a programmatic Endangered Species. Act (Act) Section 7 consultation for vegetative treatments, which includes conducting analytical assessments of impacts to listed species (e.g., grizzly bear, bull trout, and Canada lynx). A timely consultation is in the interest of both the U.S. Forest Service (Forest Service) and the U.S. Fish and Wildlife Service (USFWS).

mailto:portskathleen@gmail.com

The goals of this project are:

1) To satisfy the interagency responsibilities to protect, conserve, and recover listed species through interagency cooperation under Section 7 of the Act.

2) Gain efficiencies in our Section 7 requirements by completing a programmatic consultation on the effects of vegetative treatments on listed species in the KIPZ. Section 7 of the Act [16 U.S.C. 1531 et seq.] outlines the procedures for Federal interagency cooperation to conserve federally listed species and designated critical habitats. Specifically, Section 7(a)(2) states that each Federal agency shall, in consultation with the Secretary, ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. In fulfilling these requirements, each agency must use the best scientific and commercial data available. This section of the Act defines the consultation process, which is further developed in regulations promulgated at 50 CFR §402.

5. Specific characteristics of the requested items/service limit the availability to a sole source as follows:

This project is intended to complete a programmatic consultation for the effects of vegetative treatments on listed species in the KIPZ. The projected timeline and tasks to meet the project objective are outlined below. The specific objectives of this project include:

• Select a Project Leader with the trust and confidence of the Northern Regional Office, KIPZ, and USFWS Montana (MT) and Idaho (ID) Field Offices.

• Select a team with exceptional collaboration and communication skills to facilitate difficult conversations and achieve agreement on key deliverables including the scope of the action and the project design criteria.

• Maintain an aggressive schedule to complete the consultation within a 1-year timeframe

• Prepare a legally defensible Programmatic Biological Assessment (BA) on the effects of vegetation treatments on ESA listed species including grizzly bears, Canada lynx, and bull trout.

• Assist the USFWS with the development of its Biological Opinion (BO).

6. Only this suggested source can furnish the requirements, to the exclusion of other sources, because:

The proposed Contractor (Ports Consulting) has extensive experience in development of Forest Plans and associated Forest Service regulatory mechanisms as well as the Endangered Species Act (ESA) and Section 7 portions of the Act’s application to Forest Planning, programmatic consultations, and development of Biological Assessments and Biological Opinions.

This individual is adept at facilitating difficult conversations and working collaboratively to deliver work projects on an aggressive schedule. In particular, the proposed Contractor has specialized knowledge of land management planning and Section 7 consultation product development for three ESA listed specific species: bull trout, Canada lynx, and grizzly bears populations in North-Western Montana and Northern Idaho Region. The proposed Contractor understands and has experience in the application of Section 7 from the perspective of the National Forest as the consulting agency and the U.S. Fish and Wildlife Service (USFWS) as the regulatory agency.

The Northern Region is pursuing a specific level of expertise available that is only available through the proposed Contractor for the Programmatic Biological Assessment (BA) for Timber Management Treatments on the Kootenai and Idaho Panhandle National Forests. The contract work sought is a Project Leader to facilitate agreement by the two

Agencies (USFS and USFWS) on the proposed action and associated project design criteria and to oversee the development of and author as needed the Programmatic BA for bull trout, grizzly bear, and Canada lynx from the USFS and associated Biological Opinion from the USFWS.

It would is extremely difficult to find another contractor with the specific expertise and qualifications for the species and who can comply with Section 7 on this project loss of team integrity, stakeholder relationships and quality of analysis

7. Check and fill in all that are applicable:

IZI Other information to support a sole-source buy:

Authority 41 U.S.C. 1901 Section 3304(e). See FAR 6.302-1 Only One Source.

A wildlife biologist that specializes in programmatic Endangered Species Act (Act) Section 7 consultation for vegetative treatments, which includes conducting analytical assessments of impacts to listed species (e.g., grizzly bear, bull trout, and Canada lynx).

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

I called and emailed three Environmental Services to ask if they were capable of performing or knew of any other capable contractors on 4/10/2019, no responses received. See Tab 3 for emails. I also reviewed contract 12034319C0006 for a similar project, see contract file Tab 3 for details.

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

Ample pricing data is available and suitable for comparison purposes to determine price fair and reasonable. Avenues available for comparison purposes through contracts posted on GSA Advantage Market Research under 00CORP, The Professional Services Schedule (PSS), Environmental Services, Environmental Consulting Services: Click Link: Category 899 1, Click for Link and pricing link:

Subject Project Expert-GSA.

CONTRACTING OFFICER CERTIFICATION

I certify that the information provided above is complete and accurate to the best of my knowledge and belief. I further determine that the anticipated cost to the Government will be fair and reasonable. In accordance with FAR 13.106-1(b)(1), the processing of this single source justification precludes the use of full and open competition.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/10.htm#TopOfPage https://www.gsaelibrary.gsa.gov/ElibMain/sinDetails.do?scheduleNumber=00CORP&specialItemNumber=899+1&subcategoryCode=&searchType=null&filter=NO&sortOrder=des&sortBy=1 https://calc.gsa.gov/?exclude=3593947%2C3591261%2C3590213%2C3589908%2C3587904%2C3588256&education=MA%2CBA&q=Consultant&site=both&business_size=s&schedule=Environmental&min_experience=10&max_experience=20&sort=-current_price