Consolidated_D_F_Trees-Other_Related_Services_for_Posting_2.pdf

CONTRACT

CONSOLIDATION

DETERMINATION

AND FINDINGS

Forestry, Trees, and Other Related Services

ABSTRACT: “Small businesses will not be negatively impacted by the acquisition approach, or the type of services required.”

Jacqueline E. Scott Contracts Professional, Strategic Contracting

Officer, jacqueline_scott@nps.gov, (202)354-

Consolidated D&F, Forestry, Trees and Other Related Services, Page 1 of 10

Department of Interior

National Park Service

Contract Consolidation Determination and Findings

1. Purchase Request Number: Multiple to Fund Minimum Guarantees (pending)

2. Solicitation Number: Pending due to reorganization 140P2124R0018, Ref. DOIPFBO230075

3. Contracting activity/agency: National Park Service, Washington Office, ConOps Strategic

4. Project Name: Nationwide Trees, and Other Related Services

5. Description of supplies or services required to meet agency needs.

• Long Project Name: Nationwide Trees and Other Related Services (Including Forestry, Municipal and Urban Forestry and Arboriculture)

• Type of Contract: Indefinite Delivery, Indefinite Quantity (IDIQ) Contracts o Single or Multiple: Multiple o Service Type: Non-personal, non-inherently governmental

• Aggregate Maximum Threshold: $100,000,000 all awardees o Contract Length: up to 5-years each by awarding zone (with on and off-ramping)

• NAICS: 561730, Landscaping Services, Size Std: $9,500,000.00

• PSC: F999, Other Natural Resources and Conservation Services

• Set-aside: Unrestricted, Award preference towards maximum small business participation

• Acquisition Description: Two (2) pools of Indefinite Delivery Indefinite Quantity (IDIQ) contracts--

Business Type % Goal of Awards

Small Business Pool 75-90 %

✓ Small Disadvantage

✓ Economically Disadvantaged Women-

Owned

✓ HUBZone

✓ Indian Small business Economic

Enterprises

Large Business Pool 10-25 %

Description of Services: The Contractor shall provide a full spectrum of tree and forestry related service by providing all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to properly perform, and/or maintain a healthy forest and/or mitigate tree condition and all related work as defined in this PWS. Any tasks not specifically noted, but

Consolidated D&F, Forestry, Trees and Other Related Services, Page 2 of 10 necessary for proper performance (in accordance with accepted industry standards) shall be furnished under this IDIQ. The Contractor shall perform to industry standards (e.g., TCIA and ANSI, etc.) and the standards in this contract. Nationwide, which covers more than 85 million acres in all 50 states, the

District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam.

Scope: The scope of services provided under this IDIQ is for a wide range of services related to the care and management of trees and forests. These services may include (but is not limited to): (1) Tree

Removal: Safe and efficient removal of trees, whether due to disease, storm damage, or other reasons.

(2) Tree Pruning/Trimming: Trimming and shaping trees for health, and safety. (3) Tree Planting:

Planting new trees to promote reforestation or improve landscaping. (4) Tree Health Assessment:

Evaluating the health of trees, diagnosing diseases or issues (including soil, erosion, etc.), and recommending appropriate treatments. (5) Tree Disease and Pest Control: Management and treatment of tree diseases and infestations by pests. (6) Emergency Tree Services: Responding to storm damage or fallen trees, often on an urgent basis. (7) Arborist Services: Certified arborists may provide specialized expertise in tree care and management. (8) Land Clearing. (9) Stump Grinding/Removal: Removing tree stumps to prevent regrowth and create a more usable landscape. (10) Mulching: Spreading mulch around trees to conserve moisture and improve soil health. (11) Tree Inventory and Mapping:

Documenting and mapping trees for urban planning or conservation purposes. (12) Consultation and

Advice: Offering expert advice on tree care.

Objective: The objective of the multiple awarded contract vehicles is to provide Nationwide (including territory coverage) trees and other related services as described in this document. Tree services are inclusive of arboriculture, urban forestry, municipal forestry, and other related type services. Services may be emergency, scheduled, or urgent services. These spectra of services are intended to maintain forest and tree health, which may include vegetation, soil, etc. The objective is to conserve the scenery, the natural and historic objects, forest and tree health, and the wildlife therein.

6. Market Research

In accordance with FAR 7.107-2, I have reviewed this requirement and associated market research and determined that this is a consolidation requirement. It is not consolidated due to the nature of the work types, but is because some work (i.e., emergency tree services for hazardous tree removal, etc.) is sometimes procured separately and unrestricted. (Reference A14 EFS Market Research Sheets 11-21-

23.xlsx, All Data sheet)

Small businesses will not be negatively impacted by the recommended acquisition approach, or the type of services required. The requirement would be negatively impacted if large businesses are excluded from competing.

Approach to market research:

Analytical data was derived from SAM.gov, Individual Data Item Oversight Tracker (IDIOT) report, Small Business Administration (Dynamic Search, DSBS.sba.gov), and FPDS search.

A sources sought (DOIPFBO230075) was posted via GSA eBuy and SAM.gov for 30 days (28

September – 27 October 2023). (See Folder, A14.06 Sources Sought)

Consolidated D&F, Forestry, Trees and Other Related Services, Page 3 of 10

In addition, the SBA’s Dynamic Search was used to obtain email addresses for small businesses. The

GSA post was issued under MAS, 561730, and vendors were notified directly through GSA eBuy. (See

Folder, A14.06 Sources Sought and Excel File, A14 EFS Market Research Sheets 11-21-23, DSBS

Emails)

NAICS 561730 is eligible for a EDWOSB set-aside. Six (6) WO SB responded to the sources sought.

There appear to be 3 EDWOSBs capable of performing the required services based on their SBA

Dynamic Search capability’s narrative; however, none of them responded to the sources sought

(Diversified Resources (CA), COTA Forestry (CA), and KPEM (IN)).

1,012 related transactions were executed during the FY 19-23 period. Most of the transactions were over $10,000.00, 127 were less than $10,000.00 and 3 were over $1,000,000.00.

The recommended approach is Nationwide Multiple Award IDIQs (small and large business pools) performing a full spectrum of trees, and other related services. This is based on the following:

Small businesses are competitive in the market and industry: A small percentage of the related transactions (1,012) are to large businesses. According to analyzed data, 14% of the 1,012 related transactions (FY19-23) are unrestricted. Seven (7) of the 247 companies issued an award during the same period were designated by the Contracting Officer as “Other than small business.” This would mean that

240 are small businesses. (See A14 EFS Market Research Sheets 11-21-23, No Set-Aside, and Top 10

Vendors)

Based on the sources sought, four (4) small businesses have indicated they are competitive and capable of providing the 16 surveyed services Nationwide. Although capable, we do not have information to support how this would be achieved (i.e., bon a fide partnership, joint venture, etc.) or the quality of their work. Businesses have expressed high interest, but we do not know who will submit after the solicitation is posted with its evaluation criteria.

Ninety (90%) percent of the sources sought respondents are small businesses. This would be the same goal and acquisition approach for award.

To substantiate the source sought information, which indicates varying business approaches and varying types of service offered, according to a Bing search, “services offered [by tree companies] vary depending on the tree removal company.” (See A14.xx Sources Sought Data, Sheets All Respondents and Business Approach(es))

The need for some large businesses: The quality and approach to providing the required services by small business is unknown. The known approaches are not likely to result in fair and reasonable pricing or provide nationwide coverage for the services required. In addition, some services types may not be provided by all small businesses. As an example, seventy percent (70%) of the sources sought respondents provide emergency services and 90% of the respondents were small businesses. However, many of the emergency tree removal services are unrestricted solicitation and awards (See A14 EFS

Market Research Sheets, No Set-Aside and A14 Sources Sought Data, 80 Percent sheet).

In accordance with the 22 NPS subject matter experts that responded to an internal survey, an 80% service solution for this requirement includes: emergency tree removal services, felling, removal, pruning

Consolidated D&F, Forestry, Trees and Other Related Services, Page 4 of 10 and professional tree services (i.e., arborist, consultant/advice). The 80% solution is called the

PRIMARY SERVICES. (See A14.06 Internal Survey Summary) and emergency services are essential to the needs of the Government.

It is demonstrated that the 80% solution (Primary Services) consists of standard industry services, and that the industry performs and/or offers these primary services as part of their typical business approach.

(See A14.xx Sources Sought Data.xlsx, Sheet Business Approach(es))

It is in the best interest of the Government to include large businesses to support the full spectrum of service, including, various heavy equipment types, emergency services, complex forestry type services

(including professional services), and some remote services required by this acquisition.

In summary—

The recommended approach does not negatively impact small businesses.

In recognition of these facts, some large businesses must be including in the acquisition strategy to achieve a full spectrum of service, and total Nationwide coverage.

To encourage additional small business participation is providing emergency type services, companies will be encouraged to propose on emergency services that would be outside of their direct impact areas, but not so far away as to prevent a timely response to the services (if needed). This way they are not attempting to provide services and support their personal needs and emergencies simultaneously.

Also see Folder A14, Market Research for additional information.

7. Any alternative contracting approaches and rationale for rejection:

Divide Evenly - Each Awardee

Per Year Over 5 years

$11,785,475.17 Average Number of ($) Dollars (5-years) $471,419.01 $2,357,095.03

2018 (3-months) 2019 2020 2021 2022

2023 (9-months)

Dollars $273,107.28 $11,737,351. $10,316,563. $11,812,595. $12,374,030. $12,413,728.

Transactions 19 213 234 200 184 162

$2,000,000.00

$4,000,000.00

$6,000,000.00

$8,000,000.00

$10,000,000.00

$12,000,000.00

$14,000,000.00

$ Obligated and # of Transactions by Period

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202 Average Number of (#) Transactions (5-years) 8 40

$100,000,000.00 Maximum Threshold $ 800,000.00 $ 4,000,000.00

Reference A14 EFS Market Research.xlsx for additional charts and information

The adopted strategy is Nationwide Multiple Award IDIQs pools for small and large businesses:

inclusive of the primary services, additional related services, their selected competitive coverage, and additional coverage areas selected by Park Unit.

Other strategies considered-

• Do nothing!

• Blanket Purchase Agreements

• Indefinite Delivery, Indefinite Quantity, 3 Nationwide Awards

• GSA, FSS, Blanket Purchase Agreements

• Open Market and unrestricted with no preference

The above strategies were rejected for one or more of the following reasons—

• Not sustainable. The agency is looking for ways to reduce the procurement award lead time, maintain quality awards, and save money per acquisition cost (i.e., labor hours, number of transactions, etc.).

• Emergency services are essential, and agreements are not binding until an order is issued and acted upon.

• Does not support the procurement goal to maintain competition (competitive pricing) for every state and park.

• Does not support small business goals, while maintaining quality services and qualified services.

• Too costly. The industrial funding fee, inflation, and labor challenges has increased the prices of services and reduced the amount of services the agency can perform with remaining funds.

• Based on the transactions reviewed, GSA orders were high and had limited competition. Most of the orders reviewed had 1 or 2 quotes.

The planned maximum aggregate threshold is $100,000,000.00 will match the independent Government estimate. It is an umbrella threshold shared with all Nationwide IDIQ holders. The total aggregated maximum ceiling is based on historical data whereas an approximately $59,000,000.00 (FY 2019-2023) was spent on forest and tree type services. Other NAICS may be used and are not included in this total.

This has been taken into consideration. It also takes in consideration an anticipated increase in funds

(i.e., BIL, IRA, etc.), inflation, the increase in number of natural disaster/events (i.e., climate change) and increase in use due to incidental services that would fall under the scope of the IDIQ (such as some tasks related to landscaping, restoration, disease management, and vegetation control). (See A14 EFS

Market Research Sheets 11-21.23, Sheet Dashboard, for historical data and averages.)

8. Any negative impact by the acquisition strategy on contracting with small business concerns has been identified:

Consolidated D&F, Forestry, Trees and Other Related Services, Page 6 of 10

There are no known negative impacts to small businesses or no known negative impacts preferring awards to small businesses. All individual services requested are consider normal, standard and/or could be provided by a single small business for a particular state or region.

The overall goal to maintain consistent Nationwide coverage and competition among all vendors (small businesses and large business pools), and for all service types. Based on the sources sought, most businesses provide competitive services in one or more states (territory) with 34% providing services in 5 or more states/territories. (Reference the Pie Chart below or A14.05 Maps and Charts for additional information)

Why include large businesses? Include large businesses for their unique capabilities, reach, filling in any apparent gap(s) that is not provided by a small business, for competitive pricing, for specialized equipment, etc.

It is advantageous for the Government to include large businesses to further ensure qualified personnel, quality services, full spectrum services, and total Nationwide (100% Park unit, including remote locations) coverage.

The below incorporates the questions/comments (#1-#4) from the Office of Small and

Disadvantaged Business Utilization, and the National Park Service’s response—

#1. What are the specific requirements that can only be performed by large businesses and why are small businesses not capable of performing those requirements?

There are no specific task(s) or requirements that small business cannot perform (per se). Based on market research and an analysis of the data, there is a strong indication that not all small businesses could or would have the capacity to respond to emergency services, may not have a competitive capacity to manage large scale projects or may provide some services, but not all services which would create service gaps.

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In other situations (the need for including a large business pool), may be based on complexity, required equipment, and/or the location(s). For instance, if a tree is located off a cliff and it at a 45% angle or there may be a sizable storm clean up or the only means of access is by boat, horse, or other suitable means.

Our desire is to support small businesses. We will continue our efforts and maximize award opportunities to small businesses. We will continue to communicate and engage the industry, as well.

In addition, the goal would have been to award to all small businesses, however; based on historical data there is a strong case that supports large business and that they are needed to meet the objective of the requirement.

#2. Please detail the intended ordering strategy once awarded.

Once the IDIQs are awarded, the IDIQ users will have pool databases of awards that can be sorted by state, zone and service type. Use of the pools would be similar to the FAR 19 requirements, and DOI-

AAAP-0043. The IDIQ users must give precedence to small businesses, unless an exception exist. For instance, use of the large business pool would be allowed if in the best interest of the Government, whereas small businesses (1) do not respond to the initial task order request for proposal; (2) no small business provides the services; (3) only 1 small business in the zone provides the service; or (4) an exception to fair opportunity exist (whereas the sole source, or logical follow-on is not a small business).

In addition, the ordering instructions would allow small business to compete in the large business pool but does not allow the large business to compete in the small business pool. An example is where no small business competition exists for a zone, then use of the large business pool would include the small business that offered the service type for that zone.

Unless further DI 1886 approval is coordinated for specific service types or service areas, a task order DI

1886 would be required for other than the small business pool.

ORDERING INSTRUCTIONS (Excerpt)

FAIR OPPORTUNITY:

Definitions:

• Fair Opportunity: LARGE BUSINESS: Unless an exception to fair opportunity applies, the large business pool is given fair opportunity when the small business pool cannot support a requirement, such as fewer than two (2) small businesses perform the service type(s) in the service area(s) required by the task order, or (2) small businesses did not respond to the task order solicitation. Fair opportunity is provided within the individual IDIQ pool(s), which (typically) would be either within the small business pool OR the large business pool. (Note: When using the large business pool, the task order contracting officer shall reference DOI-AAAP-0043 for DI

1886 requirements and approval at the task order level.) (See Exception to Fair Opportunity)

• Fair Opportunity: SMALL BUSINESS: Unless an exception to fair opportunity applies or the service type(s) and/or service area(s) are not provided by small business awardees, all small business awardees will be given a fair opportunity to compete for task orders over $2,500.00. Fair opportunity is provided within the individual IDIQ pool(s), which (typically) would be either

Consolidated D&F, Forestry, Trees and Other Related Services, Page 8 of 10 within the small business pool OR the large business pool. As determined at the task order level, small businesses may compete for task orders under the large business pool. (See Exception to

Fair Opportunity)

• Pool: A pool is a group of concerns associated together under the solicitation and resultant awards. There are 2 pools for this IDIQ. They consist of all small business awardees or all large business awardees. (See Segmented Pool)

Fair Opportunity Plain language: Contractors are organized by small businesses and large businesses with small businesses to be utilized first. The base IDIQ gives priority to small business set-asides. The task order solicitation must first be sent to the small businesses on the contract list first and marked on the order. If there are not adequate responses to the task order solicitation, it can then be sent out as unrestricted for business size and marked accordingly on the task order. (Note: When using the large business pool, the task order contracting officer shall reference DOI-AAAP-0043 for DI 1886 requirements and approval at the task order level.)

All businesses (small and large) offer all the PRIMARY SERVICES, including the required tasks needed to properly carry out the work (i.e., pruning and chipping). The PRIMARY SERVICES are: (1) felling;

(2) professional consulting; (3) pruning; (4) emergency removal; (5) scheduled hazardous removal; and

(6) arborist services.

There are other in scope services that may not be provided by all awardees. Examples may be

Geographic Information System (GIS), or Inventory and Mapping.

The databases shall be used to locate all awardees within the given pool and for the required services and service location.

EXCEPTION TO FAIR OPPORTUNITY: Awardees may not be given a fair opportunity to be considered for requirements which are expected to exceed $2,500 when the Contracting Officer determines one of the following conditions apply:

A. The agency need for the services is so urgent that providing such opportunity would result in unacceptable.

B. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

C. The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given fair opportunity to be considered for the original order.

D. It is necessary to place an order to satisfy a minimum guarantee.

E. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

F. In accordance with section 1331 of Public Law 111-240 ( 15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_Part_19

Consolidated D&F, Forestry, Trees and Other Related Services, Page 9 of 10

G. The agency need for emergency services may require sole source to nearest available awardee providing the service.

Task order contracting officer must reference Federal Acquisition Regulation 16.505, Ordering, for written justification requirements. (End of Ordering Instructions (excerpt) and Fair Opportunity)

#3. What are the #, $ amount, and socio-economic status of the existing NPS contract holders of the proposed consolidated requirements? This is a new requirement. No Nationwide IDIQ exists. NPS is focusing on strategic contracting, category management, reducing the number of transactions, while ensure quality services, ease of use and at a fair and reasonable price. A list of 1,012 transactions were analyzed. Fourteen percent (14%) of the transactions were unrestricted transactions. We anticipated a similar outcome, if not less. Also, according to historical data, approximately 20% of the top 10 vendors under the respective NAICS are large businesses. Some large business names are: Gray Back, Firestorm, Summit, and Davey Tree Experts. The goal is to provide competitive, full spectra, quality services, Nationwide coverage where precedence is giving to small business in the acquisition plan and execution or task orders.

#4 From meeting dated, 3 January 2024

NPS is drafting verbiage to allow businesses to expand their services and service areas during the on-ramping and off-ramping periods. Amending a phased solicitation from “unrestricted” to “total small business” set aside is allowable (as approved by the Contracting Officer).

9. Considerations, Facts, and Reasoning Supporting the Determination:

In accordance with Federal Acquisition Regulation 7.107-2, Consolidation, justification is necessary because of the “potential impact on small business participation”.

The above information, acquisition strategy, market research, industry participation, and the analyzed data demonstrates that small businesses will not be negatively impacted by this acquisition.

Small business efforts and consideration will continue to be at the forefront of this requirement. This acquisition approach is to ensure the success of the requirement by selecting capability businesses, and for the continued success of small businesses to provide employment for the country’s citizen, our economic growth, and for receipt of quality services.

These efforts to maximize small business includes ordering instruction and fair opportunity, continued engagement with industry, a pre-solicitation industry meeting, service type selection flexibility, and coordination with small business experts.

10. Summary:

The above acquisition approach maximizes small business opportunities through all phases of the procurement (i.e., solicitation, evaluation, and post award) Small businesses will not be negatively impacted by the strategy to have 2 pools of IDIQ consisting of approximately 75-90% small businesses and 10-25% large businesses.

The acquisition strategy further supports small businesses with an intentional fair opportunity approach, whereas, small business opportunities are further maximized.

Consolidated D&F, Forestry, Trees and Other Related Services, Page 10 of 10

It is advantageous and in the best interest of the Government to include both business sizes. This approach does not negatively impact small business, while also ensuring that the objective of Nationwide coverage for full spectrum trees and other related services is fully achieved.

Approvals

All supporting data provided, and the contents of this justification are complete and accurate to the best of my knowledge and belief.

CONTRACTING OFFICER CERTIFICATION:

//signed by Jacqueline Scott// 01-19-2024 [Digital signed copy is on record]

Contracting Officer Date

HEADQUARTERS SMALL BUSINESS SPECIALIST CERTIFICATION:

//signed Cynthia Hall-Adonoo// 01-22-2024 [Digital signed copy is on record]

Headquarters Small Business Specialist Date

DIRECTOR, OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION

CERTIFICATION:

//signed by Colleen Finnegan// 01-24-2024 [Digital signed copy is on record]

Director, Office of Small and Disadvantaged Business Utilization Date

SENIOR PROCUREMENT EXECUTIVE

Upon the basis of the findings above, I hereby determine, pursuant to the authority of FAR 7.107-2, that the consolidation of contract requirements is both necessary and justified.

//signed by Megan Olsen// 01-30-2024 [Digital signed copy is on record]

Senior Procurement Executive Date