A1-JA-USFSR3NREPostDisaster-20220622.pdf

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

United States Department of Agriculture Federal Acquisition Regulation (FAR) Part 6.3

1. Identification of the agency and the contracting activity.

USDA Forest Service Business Operations, Procurement and Property Services National Procurement Operations, National Contracts Branch in support of Forest Service Southwestern Region (R3)

This is a Justification and Approval for a R3 Emergency Response and Recovery class exception to the Competition in Contracting Act for post-fire/disaster emergency contracts under Federal Acquisition Regulation 6.302-2 Unusual and Compelling Urgency; 6.303-1(d) Justifications/Requirements and 6.303-2 to include but not limited to Burned Area Emergency Response (BAER) and post-flash flooding emergency contracts under Federal Acquisition Regulation 13.106(b) Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation.

Federal Acquisition Regulation Extra (FAR) 6.302-2. FAR 6.303-l(d) and 6.304(c) state that justification for the exception to full and open competition requirements can be made on a class basis and that the approval level shall be determined by the estimated total value covered by the request is $40 million. The estimated total of acquisitions, which might be undertaken under this class exception that will be performed under this justification includes, but is not limited to:

- Road Storm Proofing on multiple fires and other disasters for an estimated aggregate total of $5 million.

- Removal and Upgrading of Road Drainage Features (Culverts/Armored Critical Dips/Rolling Dips) on multiple fires and other disasters for an estimated aggregate total of $5 million.

- Channel and off-Channel Treatments (installation of protective features and or debris removal) on multiple fires and other disasters for an estimated aggregate total of $5 million.

- Trail Stabilization and Hazard Tree Abatement on multiple fires and other disasters for an estimated aggregate total of $5 million.

- Warning Sign and Gate Installation on multiple fires and other disasters for an estimated aggregate total of $5 million.

- Reseeding and Mulching (ground and aerial applications) on multiple fires and other disasters for an estimated aggregate total of $8 million.

- Site Specific Protection and Stabilization for various property, natural and cultural resources on multiple fires and other disasters for an estimated aggregate total of $7 million.

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

The purpose of this class exception justification is to allow immediate emergency response acquisition of supplies and services (including construction) for the protection of human life or safety, property and critical resources during and immediately after disasters during the Calendar Year (CY) 2022’s fire and monsoon seasons ending December 31, 2022. Use of this authority is limited to USDA contracting officers. Each use of the authority under the class exception shall be in support of the protection of human life or safety, property, and critical resources.

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

Projects covered by this class exemption will all be related to the 2022 wildfires and other disasters (natural and man-made) on the Carson, Santa Fe, Cibola, Lincoln, Gila, Coronado, Tonto, Coconino, Prescott, Kaibab, and Apache-Sitgreaves national forests and grasslands in the USDA Forest Service Southwestern Region 3.

Specific acquisitions covered by this class exception include are not limited to supplies such as dust oil, rock, gravel and other road base material, culverts, mulch, seed, straw, posts, signs, gates, rental equipment, etc. and services, such as hazard tree falling, rock fall protection, road and trail storm proofing, road surfacing, installation of signs and gates, application of dust oil, application of road surface materials, blading of roads, trail stabilization, and cleaning, removal, and or installation of road drainage features, mulching, reseeding, etc. All contracts written under this class exception directly mitigate and manage unacceptable risk associated with life, property, and critical resources determined through post-disaster assessments.

Below is a list of emergency services and supplies with an estimated cost based on historical rates and trends:

STANDARD TREATMENT UNIT

TYPE

INDEPENDENT

GOVERNMENT COST

ESTIMATE (IGCE)

*POST-

PANDEMIC/OTHER

CONSIDERATIONS

INVASIVES EDRR Cost/Acre $1,500 - $2,500 *Availability of crews

INVASIVES EDRR - SUPPRESSION

REPAIR

Cost/Acre $1,500 - $2,500 *Availability of crews

PREVENTATIVE SEEDING FOR

INVASIVE SPECIES (GROUND OR

AERIAL)

Cost/Acre $150-$500 *Cost of fuel, diesel, and jet fuel/availability of seed

OTHER INVASIVE SPECIES

TREATMENTS

Cost/Acre Varies

T&E/CULTURAL PLANT TREATMENTS Cost/Each $900-$1,500 *Availability of seed/plants

MULCHING (STRAW) (GROUND OR

AERIAL)

Cost/Acre $900-$1,500 *Cost of fuel, diesel, and jet fuel/availability of straw or seed/availability of aircraft

MULCHING (WOOD) (GROUND VS

AERIAL)

Cost/Acre $2,000-$5,000 *Cost of fuel, diesel, and jet fuel/availability of straw or seed/availability of aircraft

SEEDING (GROUND VS AERIAL) Cost/Acre $150-$500 *Cost of fuel, diesel, and jet fuel/availability of seed/availability of aircraft

OTHER GROUND COVER

TREATMENTS (LOP AND SCATTER,

MASTICATION, HYDROMULCH, ETC.)

Cost/Acre $1,000-$2,500 *Cost of fuel or diesel

NATIVE STABILIZATION PROTECTION

FEATURES

Cost/Site $5,000-$10,000

OTHER NON-NATIVE STABILIZATION

PROTECTION FEATURES

Cost/Site $5,000-$10,000 *Availability of materials

CHANNEL TREATMENT Cost/Site $5,000-$10,000 *Availability of crews

OFF-CHANNEL TREATMENT

(REMOVAL OF DEBRIS,

INSTALLATION OF TEMPORARY OR

SEMI-PERMANENT FLOOD CONTROL

FEATURES)

Cost/Site $5,000-$10,000-$100,000 *Maintenance of the feature

STRATEGIC BREACHING OF WATER

CONTROL FEATURES

WATER/CULTURAL RESOURCE

PROTECTION

T&E/CULTURAL WILDLIFE RESOURCE

PROTECTION

Cost/Acre $2,000-$5,000

T&E FISHERIES/CULTURAL

RESOURCE PROTECTION

Cost/Mile $2,000-$5,000

HERITAGE AND CULTURAL

RESOURCE PROTECTION

Cost/Site $2,000-$5,000-$10,000

STORM PROOFING (STORM

PROOFING EXISTING DRAINAGE

FEATURES)

Cost/Mile $1,500-$2,500-$6,500 *Cost of fuel or diesel/level of road

NEW DRAINAGE FEATURE -

DRAINAGE DIP

Cost/Each $500-$1,500 *Cost of fuel or diesel

NEW DRAINAGE FEATURE - CROSS

DRAIN PIPE

Cost/Each $500-$1,500 *Cost of fuel or diesel

NEW DRAINAGE FEATURE - OTHER Cost/Each $500-$1,500 *Cost of fuel or diesel STORM INSPECTION AND RESPONSE Cost/Mile $900-$2,000 *Type of equipment needed/number of times CULVERT REMOVAL Cost/Site $1,500-$5,000

CRITICAL DIP (STREAM CROSSING) Cost/Site $150-$300 *Availability of steel/aluminum

CULVERT MODIFICATION Cost/Site $1,500-$5,000 *Availability of steel/aluminum

RELIEF CULVERT/DROP INLETS Cost/Site $1,500-$5,000 *Cost of fuel or diesel/availability of rock/fill

LOW-WATER CROSSING Cost/Site $1,500-$5,000

DEBRIS RACK Cost/Site $1,500-$5,000

CHANNEL CLEARING (WOOD) Cost/Site $5,000-$15,000

UP-SIZED CULVERT Cost/Site $5,000-$15,000

STREAM CROSSING PROTECTION

(OTHER)

Cost/Site Varies

FILL-SLOPE STABILIZATION Cost/Unit $1,500-$5,000 *Availability of rock/fill

BURNED ROAD REPAIR Cost/Unit $500-$1,000 *Cost of fuel or diesel/level and type of road

OTHER ROAD TREATMENT Cost/Unit Varies

IMPLEMENTATION TEAM Cost/Day $10,000-$50,000 *Size of team TRAIL DRAINAGE STABILIZATION Cost/Mile $1,500-$5,000 *remote/wilderness sites may require pack animals TRAIL STRUCTURE STABILIZATION Cost/Mile $1,500-$5,000 *remote/wilderness sites may require pack animals OTHER TRAIL TREATMENTS Cost/Site $1,500-$5,000-$10,000 *remote/wilderness sites may require pack animals ROAD HAZARD SIGNS Cost/Unit $500-$900 *Availability of steel/aluminum TRAIL/RECREATION HAZARD SIGNS Cost/Unit $150-$350 *Availability of steel/aluminum OTHER SIGNS Cost/Unit $150-$350 *Availability of steel/aluminum

SITE SPECIFIC PHYSICAL CLOSURE

DEVICES (GATE, BERM, BOULDERS,

ETC.)

Cost/Site $1,000-$5,000-$15,000 *Availability of steel/aluminum

LINEAR PHYSICAL CLOSURE FEATURE

(FENCING)

Cost/Mile $3,000-$5,000 *Availability of steel/aluminum

HAZARD TREE FALLING Cost/Site $5,000-$15,000 *Type and size of crew GUARDRAIL REPAIR Cost/Unit $1,000-$10,000-$100,000 *Availability of steel/aluminum

HAZARDOUS MATERIAL

STABILIZATION

Cost/Unit $5,000-$15,000 *Cost of fuel or diesel

RECREATION SITE - HUMAN WASTE

CONTAINMENT

Cost/Unit $1,000 *Cost of fuel or diesel

INFRASTRUCTURE PROTECTION Cost/Site $5,000-$10,000-$100,000 *Cost of fuel or diesel INFRASTRUCTURE REMOVAL Cost/Unit $5,000-$10,000-$100,000 *Cost of fuel or diesel ROCK-FALL MITIGATION Cost/Site $5,000-$25,000 *Availability of steel/aluminum INTERAGENCY COORDINATION Cost/Day $500-$1,500 *Size of team

PUBLIC COMMUNICATION

STRATEGY

Cost/Unit $500-$1,500 *Size of team

OTHER PROTECTION AND SAFETY

TREATMENT

Cost/Unit Varies

TREATMENT EFFECTIVENESS

MONITORING

Cost/Unit $500-$1,500

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

41 U.S.C. 3304(a)(2), as implemented by FAR 6.302-2, titled "Unusual and compelling urgency."

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

Drought in the southwest has led to abnormally dry conditions for much of Arizona and New Mexico.

Fire conditions have been extreme due to prolonged wind events and dry/drier conditions throughout the spring. Predictive Services is estimating fire season to remain active and above average until late June/early July, which coincides with the approaching monsoon season, June 15 – Sept 30, 2022.

Wildfires drive the condition of plant communities and soil properties post-burn, which, in turn, alters the ability of soils to absorb water and the capacity of watersheds to process post-fire precipitation events. This is particularly apparent in Southwest ecosystems where wildfire is commonly followed by a monsoon season characterized by intense summer thunderstorms. Powerful precipitation events after wildfire triggers runoff, flooding, erosion, and debris flows. Like fire, these secondary events threaten human life, property, and natural and cultural resources on all lands. They negatively impact water quantity and quality, reservoirs and infrastructure, threaten wildlife, decrease ecosystem function, dangerous conditions such as flooding and debris flows for downstream communities, and destruction of natural and cultural values. Immediate emergency response is critical to address these threats. This creates the unusual and compelling circumstance to obtain emergency services from contractors immediately to implement emergency response and recovery treatments.

Maximum flexibility in our response is critical to our success in recovery and treatment of the affected areas improves our ability to contract quickly with local business concerns. “Local” is being defined as within the Southwestern Region’s geographic boundary, which is the states of Arizona (AZ) and New Mexico (NM) and the Oklahoma (OK) and the Texas (TX) panhandle and states bordering AZ, NM, and the panhandle of OK, and TX, which is the states of California, Nevada, Utah, Colorado and Kansas. Use of local businesses is critical for many reasons, including:

1. Local businesses are closer and have shorter mobilization times for getting equipment to the burned area as well as costs.

2. Local business such as seed producers produce varieties better adapted for local ecological conditions. This increases the success rate of reseeding efforts to reduce flood impacts.

3. Local businesses are better able to provide services over extended timeframes that long-term recovery requires due their location and access to additional local supplies and equipment through their networks.

4. Local businesses frequently qualify within Department and Agency priority socioeconomic groups including veteran, woman-owned and tribal/Native American concerns.

All prospective local vendors within the market area will be given the opportunity to compete, to the maximum extent possible to support recovery.

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

Upon approval, this document will be posted on SAM.gov’s Contract Opportunities portal and will include a point of contact for vendors interested in participating in procurements will be maintained within ongoing current market research. The Forest Service will also work with its state, local and in some cases, local tribal entities, to communicate upcoming requirements as part of our collaborative efforts as partners.

A full exploration of the use of any existing competed resources open to use by the Region for the execution of projects will be undertaken to maximize competition within the time frame required. This would include use of other region's contracts, and contracts entered into competitively by other agencies (BLM, F&WS, BIA, NPS, etc.).

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

Each Contracting Officer will provide a determination as to the fair and reasonableness of costs amounting to the total price. This determination will be combined with the certification and will be filed along with this class justification in each contract file.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market research will be conducted as appropriate for each acquisition. Many of the acquisition items have been purchased competitively in the past. Therefore, the market is very well known to the USDA contracting community. Market research will be conducted as applicable to each acquisition and as required by FAR Part 10.

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

On May 4, 2022, President Joseph Biden issued a declaration confirming a state of major disaster in New Mexico (R3). Fire conditions in Region 3 have been extreme. Emergency actions must be accomplished so that protections are in place before monsoon season.

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

No vendors have indicated in writing interest in the full range of possible acquisitions. A subset of vendors is responding in writing expressing interest when specific acquisitions are solicited via market research. This written interest will be shared with each Contracting Officer and made part of the contract file.

Certifications & Approvals

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

Mary Moore, BAER Technical Specialist

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.

Deana Hicks PPS-NPO National Contracts Branch Chief

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, I hereby approve this justification.

NAME: Chantel A. Smith Mission Area Advocate for Competition

Head of the Procuring Activity (HCA for USDA) (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 the Head of the Procuring Activity, I hereby approve this justification.

NAME: Donald Baker, Jr.

Head of the Contracting Activity United States Department of Agriculture