20245345 001 JA.pdf

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

United States Department of Agriculture Federal Acquisition Regulation (FAR) Part 6.3 or 13.5, 41 U.S.C. 1901

1. Identification of the agency and the contracting activity.

The Contracting Activity is the United States Forest Service, Chief Information Office (CIO), and the Washington Office Procurement and Property Services Information Technology Contracting Branch (PPS-NPO-ITCB), Albuquerque Service Center, 4000 Masthead St NE, Albuquerque, NM 87109.

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

The USDA proposes to enter into a limited source brand-name, firm fixed-price contract with Pioneer Energy Products, LLC, dba PEPRO, LLC. 671 Colbert Ave., Oil City, PA 16301 using the simplified procedures for certain commercial items under Federal Acquisition Regulation (FAR) Part 13.5.

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

The purpose of this requirement is to procure the necessary professional services required to design, manufacture, transport and install radio communication shelters within the USDA Forest Service.

Communications shelters and supplies destined for remote and hard to access locations will require a high degree of technically competent personnel and to accomplish in some cases a manufacturer’s certification of training to install shelters. This requirement is for the purchase of proprietary repair parts for the PEPRO communications shelter located at the Lindenberg Communication Site, R10 Tongass National Forest, Petersburg Ranger District. The estimated cost of this action is

..0056,596$

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

41 U.S.C § 1901 - Simplified Acquisition Procedures up to $7.5 million, as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

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

In accordance with FAR 13.5, this justification supports that only one manufacturer is capable of providing the supplies or services required at the level of quality required and the supplies or services ordered are unique or highly specialized. The lightweight uni-body design of the PEPRO shelters with articulating mast allows for installation in remote communication sites by helicopter.

The built-in Mast design negates the need to build a tower coupled with the shelter support system, allowing the placement of a shelter in remote areas with minimal environmental impact.

Must be capable of designing, manufacturing, transporting, offloading, and ensuring all necessary functions/approvals are complete from the National Environmental Protection Act (NEPA) or noxious weed abetment program for the site to final inspection by the USDA Forest Service. To include moving the shelter multiple times to and from forest staging areas, after installation of radio equipment and antennas if required.

This justification is specific to one Brand Name manufacturer and is invoked based on the following critical requirements:

a) Ground disturbance: Integrated fixed radio sites require no foundation or excavation.

This eliminates the need for geo-technical, environmental impact and or archeological studies. No guy wires, guy stakes, or permanent foundation required. The shelter can be installed in less than a day.

b) Faraday cage technology: The use of a patented Faraday cage system to protect from lightning strikes, Electromagnetic pulses, electromagnetic interferences, and radio frequency interferences. Lightning protection of less than 10 micro joules penetration inside the enclosure. 70 dB RFI attenuation from 20 MHz to 3.39 GHz. EMI 40dB attenuation magnetic field. This allows clearer and more reliable communications in austere environments.

c) Articulating tower: Eliminates the need for tower climbing. The tower extends horizontal to the ground allowing cable and antenna work before being raised into position. All antennas can be mounted and connected while the tower is in the horizontal position.

d) Turnkey site installation service: A company able to manufacture, ship, and install the communication shelter reduces the need for multiple contractors. This reduces the chance of delays and errors in installation, warranty issues, and reduces cost.

e) Essential need of the government: These shelters are placed in extremely remote locations where minimal ground disturbance is required; they also require the ability to mitigate damage if struck by lightning. As seen in 5.a) and 5.b) above, the Faraday cage has both of these capabilities. These capabilities are proprietary technologies particular to PEPRO as of 2021 when a request for information was posted to assess the market. No other product met the government’s needs. Another request for information is scheduled to be completed towards the end of 2024.

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

The proposed contract action is an order placed under subpart 13.5 for brand-name specifications.

Prior requirements of this nature have been posted on Federal Business Opportunities (FedBizOps) and no responses were received from interested vendors offering like items with these capabilities.

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

The Government performed its due diligence in doing market research for acquiring goods that would yield fair and reasonable pricing. Internet searches of similar contracts within the federal government reveal industry standards and consistent standard pricing used. Reference BLM

L11PX02092, NPS P15PX01521, 140P1218P0127, USDA FS 12760423P0013, 12760423P0014.

Based on this research it is expected that the anticipated costs from PEPRO will be found fair and reasonable.

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

In reviewing the technical requirements and compatibility constraints of this project, the primary hurdles that limit these efforts to other than full and open competition are derived from the technology solely possessed by PEPRO. Market Research has found that the salient characteristics available through PEPRO would work the best for certain environments. With the Faraday lightning technology found in PEPRO shelters they work well in austere locations like mountain tops, high winds, and lightning prone areas. These characteristics have not been found with other vendors.

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

The specifications of the PEPRO shelters and articulating masts are proprietary to PEPRO. There are no resellers of this product. Market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the Agency’s needs for the austeire USDA FS locations advertised.

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

Pioneer Energy Products, LLC 671 Colbert Ave Oil City, PA, 16301-2288

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

The Forest Service has done due diligence to ensure that the actions they are taking are within the Federal Acquisition Regulations. By providing industry the opportunity to respond to this requirement with any possible “or equals” the barriers will continue to be tested.

Certifications & Approvals

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

Ernesto DeLeon Program/COR USDA Forest Service

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.

Prepared By:

Troy Boudro, Contract Officer USDA Forest Service

Concur:

Lorine Carabajal, ITCB Branch Chief USDA Forest Service