A16_JOFOC_DOILFBO240012_1.pdf

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

Fire and Aviation 3833 S Development Ave

Boise, Idaho 83705-5354 http://www.nifc.gov

In Reply Refer To:

0040660550 NW Malheur BPT

SOLE SOURCE (INCLUDING BRAND NAME) JUSTIFICATION AND APPROVAL

FOR ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION PROCEDURES

This document sets forth the justification and approval as required by 13.106-1(b)(1) &(2).

1. Contracting agency and activity.

The Department of the Interior, Bureau of Land Management (BLM), Vale District, requests the BLM Fire and Aviation, Branch of Procurement Management, Boise ID, to contract on a sole source basis.

2. Nature and/or description of action being approved.

The BLM will solicit the requirement to identify cultural resources through a Class III Inventory of multiple survey areas of BLM administered lands in portions of the NW Malheur units within the Area of Tribal Interest (ATI), as a single source procurement to the Burns Paiute Tribe, for a total of 1,775 acres. Inventory includes fully recording newly discovered archaeological sites (including photographs, GIS mapping, and site descriptions) and may require visiting previously recorded sites to update existing site records.

3. Description of supplies or services.

Contractor shall furnish all necessary management, labor, supervision, equipment, materials, supplies, transportation, and other incidental services necessary to perform cultural resource identification, monitoring, documentation, and reporting for the project area. Cultural resources inventory, documentation and reporting shall be performed according to the Performance Schedule in order to avoid delays in project work.

The purpose of Tribal monitoring is to protect Tribal and Cultural values located in proximity to the Castle Rock Traditional Cultural Property (TCP) and to comply with the Northwest Malheur Greater Sage-Grouse Restoration Environmental Assessment (EA).

The Federal Government through The Bureau of Land Management (Vale District) and the Burns Paiute Tribe (BPT) have developed a Memorandum of Agreement (MOA) to ensure that project activities will avoid impacting the Castle Rock TCP that has the potential to affect traditional and sacred cultural resources important to the BPT. Per MOA a separate contractual agreement between the BLM and tribe states that Tribal Monitors will be provided for project implementation activities within the ATI.

4. Estimated dollar value.

The estimated value of this acquisition is under the SAT.

5. Statutory authority.

_X_41 U.S.C. 1901 – Simplified acquisition procedures (use when the simplified procedures for purchases of property and services for amounts (1) not greater than the simplified acquisition threshold

____41 U.S.C 1903 – Special emergency procurement authority (applies when in support of a contingency operation as defined in section 101(a) of title 10 or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States).

6. Rationale supporting use of the authority stated in paragraph 5.

The authority permitting the single source consideration is FAR 13.106-1(b) Soliciting from a single source.

The Burns Paiute Tribe is the only source available who is uniquely capable of identifying places, features, and sites on the Castle Rock landscape that are traditionally significant or sacred to the tribe. The tribe will not share site-specific sensitive with a third-party consultant. The tribe will only share such information with a federal agency that can maintain confidentiality and protect that information as exempt from the Freedom of Information Act (FOIA) requests.

7. Other information.

Based on the documentation, to include market research and past purchases, herein, it is determined that awarding to The Paiute Tribe represents the best value to the government.

8. The efforts to identify additional sources including the market research conducted.

There may be other contractors that can provide a similar service, only the Paiute Tribe can access Paiute Tribal Land.

9. Future plans to permit competition.

The Bureau of Land Management plans to maintain its current relationship with the Burns Paiute Tribe.

10. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

11. I certify that the justification is accurate and complete to the best of my knowledge and belief:

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): ____Gina Merwin____________________________________________ Contracting Officer