Contract_No_12F43019P00001,_Justification_for_Other_than_Full_and_Open_Competition_(SIGNED).pdf

USDA Forest Service IITF-PROC-6300\01/04)

JUSTinCATI FOR OTHER FULL AM> OPE

The following document is prepared in accordance with FAR 6.3.01 and FAC 97-02, October 10,1997,(6.303) only one responsible source and no other supplies or �ervice will satisfy agency re uircments:

IITF-USDA Forest Service Acquisition Management

"Justification for Other than Full and O en Com

. Nature and/0 d'esc · • · ef actie e

This Contract was developed to assist the coordinated multi-Department and Agency hunicane Maria response and recovery effort. The services and goods requested will serve to improve the effectiveness of the IITF-State and Private Forestry (S&PF) participation in this effo1t by promoting workforce development, noxious weed and invasive species control and provide a methodology for site preparation for reforestation effo1ts. The services and goods requested are consistent with USDA Strategic Goals for FY2018-2022: Goal 1: Ensure USDA programs are delivered efficiently, effectively, and with integrity and a focus on customer service; Goals: Strengthen the stewardship of private lands through technology and research; Goal 6: Foster productive and sustainable use of our National Forest System Lands. The goods and services requeste are consitent with all USFS strategic planning goals.

The goods and services requested in this contract meet and exceed National Clean Water Act (CWA) standards and Puerto Rico and USVI non-point discharge statutes. The Clean Water Act (CW A) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters by preventing point and nonpoint pollution sources, providing assistance to publicly owned treatment works for the improvement of wastewater treatment, and maintaining the integrity of wetlands. It is one of the United States' first and most influential modern environmental laws. As with many other major U.S. federal environmental statutes, it is administered by the U.S. Environmental Protection Agency (EPA), in coordination with state governments. Its implementing regulations are codified at 40 C.F.R. Subchapters D, N, and O (Parts 100-140, 401-471, and 501-503 ). CW A statutes include l: Nonpoint Source Management Program The 1987 amendments created the Nonpoint Source Management Program under CWA section 319.[44] This program provides grants to states, territories and Indian tribes to suppot1 demonstration projects, technology transfer, education, training, technical assistance and related activities designed to reduce nonpoint source pollution. Puerto Rico and USVI have similar regulations regarding point source pollutants and runofff that meet the requirements of the Federal Clean Water Act Sections 305(b) and 303(d).water regulations are no more restictive than the national CW A. The product re4uested exceeds the requirements of the CW A and local non-point discharge statutes because it is product made from soy bean husks. It is mixed with water, applied and begins degrade in the environment within a few hours of application.

The goods and services requested will provide needed training to wildfire and urban fire crews to utilize a more efficient and safer means to respond to wildland fires. It will also provide training for forest managers to use develop prescribed burning plans to control invasive and noxious plant and weed species and protect rare and endangered plant and animal habitats. It will also provide a tool to perform site preparation by using fire to clear excessive green and woody cover from planting sites in a cost-efficient and effective manner. The afore mentioned applications are widely used and tested methodologies; however they are not yet available in this region. This contract will introduce this technology to the region and provide for effective training of personnel, pumping units, and enough material to sustain reasonable fire, weed control and site preparation activities in the re ion for a eriod of 5 years.

I /SDA Forest ,'iervice IITF-PROC-6300(01/04)

Contractor will provide training of fire crews in Puerto Rico and the USVI for use of specialized equipment:

TDM-1 00GX and PeatX™ frre suppressant adjuvant. The Contractor will provide 3 units of specialized equipment (TDM-l00GX) and 3,000 pounds of PeatXTM to wildland frrecrew representative for Puerto Rico and the U.S. Virgin Islands (Total 6 TOM units and 6000 lbs PeatX). This equipment and material will become the property of each wildland fire agency for distribution and use at their discretion. Contractor will provide Classroom and on-sight training in one location in Puerto Rico and one location in St. Thomas, USVL Contractor will assist with demonstration of product and equipment use under live fire conditions.

The TDM-l00GX is a proprietary slip-on pumping unit optimized to mix the PeatX and be lighweight and portable to be transported in a standard 6 foot pick-up truck bed and be hand carried over rough terrain to inacessible sites. It is constructed of materials to withstand tropical climate conditions. The PeatX is a proprietary product made from soybean husks, 100% natural and decomposes rapidly after application. This product is the only green certified product available in the marketplace. The services are sole source as the instuctor is the inventor of the product and owner ofEnvironX soulutions. These services, equipment and product are successfully in use world�wide (USFWS, Canadian Wildfire Service, States of Georgia, South Carolina et. al, Malasia and Europe. Additional information including past USFWS contract and Canadian Forest Service re orts were rovided. Pricin uot is attached.

FAR 6.302-1, Only One Responsible and No Other Supplies or Services Will Satisfy Agency Requirements The supplies or services required by the agency are avaialvlable from only one responsible and no other type of supplies or services salis1y Agency requirements.

Contractor is certified sole source for equipment/supplies and training. Contractor is the only person qualified worldwide to make initial training in proper use of materials. Contractor has extensive international ex:perien�t:! pt:!rforming similar task. Independent certification of contractors qualifications and product effectiveness. The vendor has submitted legal documentation to demonstrate sole source and proprietary status. Supporting documents attached as noted in section 2.

FAR 5.202 (a) (13) The proposed contract action--

(i) is for an amount not expected to exceed the simplified acquisition threshold.

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The contracting officer will certify that this justification is accurate and complete to the best of his/her knowledge and belief. Based on the foregoing, the contracting officer approves this sole source justification subject to availability of funds, and provided th t the �ervic�s and supplies herein described have otherwise been authorized for acquisition.

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USDA Forest Service [ITF-PROC-6300(01/04)

A search of companies that provide water adjuvants for wildfire use failed to identify any that meet the green certified criteria.

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This is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible.

Competition relies on more contractors providing green certified material to meet CW A and local statutes and be consistent with USDA and USFS strategic goals.