A16_JOFOC_under_SAT_iaw_FAR_13_106-1_CBD_mls_1.pdf

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

https://www.blm.gov

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), Bureau of Land Management Alaska Fire Service/Upper Yukon Zone, requests the Bureau of Land Management/Alaska Fire Service/Procurement, to contract on a sole source basis.

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

Due to the circumstances described below, request the following to be acquired using “other than full and open competition” in support of The Healthy Forest Reforestation Act (2003), and the mission of the Bureau of Land Management, Alaska Fire Service (BLM-AFS) to provide support to communities that desire to be proactive in their resilience to the threats of wildfire.

The Greater Eagle Area, including the Village of Eagle and the City of Eagle, is accessible via small aircraft or the Taylor Highway, which is maintained April-October, and inaccessible during the winter months.

BLM-AFS has been working with the Village and City of Eagle, State of Alaska Department of Natural Resources (SOA-DNR), and multiple stakeholders to complete a hazardous fuels fire break encompassing the Greater Eagle Area. The Village of Eagle owns, and operates, a tracked vehicle with a 6-foot mulching head utilized to build a hazardous fuels fire break on Alaska Native Claim Settlement Act (ANCSA) lands.

This same type of equipment is required to complete the masticated fuel break as it passes onto SOA- DNR lands. According to a Land Use Permit acquired by BLM-AFS from the SOA-DNR, and a NEPA decision completed by the BLM Federal District Office, this work can only be completed during the winter months when the ground is frozen to a minimum depth of four inches, avoiding disturbance to the tundra mat and underlying substrate. The equipment needed to complete this project already resides in Eagle. Due to lack of winter access, said equipment is the most logical and effective equipment available to accomplish objectives. Opening this project up for bid would require a contractor to transport their equipment via the Taylor Highway in the fall and procure storage in the Eagle community until the ground is frozen to Agency standards. This contractor would also lack the required experience and specialized local knowledge needed to complete objectives in accordance with Agency standards. Due to the number of environmental variables that could impact the completion of the project, dictates the need to have the equipment and operator available locally.

3. Description of supplies or services.

Who: Village of Eagle, BLM-AFS, and SOA-DNR https://www.blm.gov/

What: Completion of a 38-acre masticated hazardous fuel fire break, south and west of the City of Eagle.

When: Winter months of 2023/2024 and 2024/2025, to be complete on or before the first day in 2025 where frozen ground depth reaches 4 inches or less.

Where: South and west of the City of Eagle on SOA lands.

Why: To assist the community in their efforts increasing resiliency to the threat of wildfire. The proposed fuel break titled “Eagle South – Masticated Unit” is an extension of a masticated fuel break that is currently in place on ANCSA lands. SOA-DNR has granted BLM-AFS, through the form of a LUP, the authority to manage hazardous fuels projects on SOA lands. To ensure consistency and proven high quality, utilizing the same contractor as was utilized on ANCSA lands would be the most efficient method to complete the work. This would give assurance of quality and usability, as demonstrated on the previous masticated fuel break.

How: Using a tracked vehicle with a 6-foot masticating head that pulverizes and disperses trees up to 8 inches to build a hazardous fuels break. The equipment required to complete the Agency’s needs is currently in Eagle being used to build a hazardous fuels break around the Village of Eagle.

4. Estimated dollar value.

$152,000

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

__x__16 U.S.C. 2113a – Good neighbor authority

____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 proposed Contractor is the only entity that owns and has the experience operating the equipment required to complete the work that is essential to meeting the Agency’s needs. They are also the only entity that would not need to travel to Eagle and store their equipment until the ground is frozen to the depth required by the Government, as they reside in the area. The owner of the tracked equipment with masticating head, Village of Eagle, employs an individual with the unique experience needed to perform the work required. This individual has gained said experience by building the previously referenced masticated line located on ANCSA lands. They reside near the work area and therefore are familiar with the terrain, weather, specialized techniques, land ownership, and other factors that would impact performance. They have been in close contact with the Bureau of Indian Affairs (BIA) and BLM-AFS and are familiar with the requirements set forth by those government agencies to retain compliance.

Attached to this document are photos of the masticated line on ANCSA lands that show the contractor’s technical competence.

7. Other information.

A Good Neighbor Project Approval Checklist was completed and approved by the State Good Neighbor Coordinator.

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

Market research was completed for this requirement, and a market research form is provided with this package. No other sources that have the capability to have the equipment and personnel available in the area while the road is closed during the time the requirement must take place was identified.

9. Future plans to permit competition.

Action to increase future competition is not required because there are no future planned acquisitions for or related to this requirement, and none are likely to develop.

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.

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

(Signature)________________________________________ (Date) ____________________

(Type or Print Name): ___________________________________________________________ Contracting Officer’s Representative

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

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): ___________________________________________________________ Contracting Officer