A16_JOFOC_under_SAT_iaw_FAR_13_106-1_WFS_CO_FY26_Smoke_Permit_Redacted_1.pdf

United States Department of the Interior

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, Wildland Fire Service, Rocky Mountain Geographic Area, requests the Department of the Interior Procurement Staff, to contract on a sole source (including brand name) basis.

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

The Government requires payment of fees to the Colorado Department of Health and Environment for review of environmental documents and other fees as required by state regulations (Colorado Air Quality Control Commission Regulation Number 9 Open Burning, Prescribed Fire, and Permitting 5CCR 100-11).

See attached excerpt from the Clean Air Act (42 USC Section 7418 (a) and Department of Public Health and Environment Colorado Air Quality Control Commission Regulation Number 9 Open Burning, Prescribed Fire and Permitting 5CC101-11. The fees are discussed in section VIII of the regulation, page 15.

3. Description of supplies or services.

The action is a request for payment of required prescribed fire fees for the USDI Wildland Fire Service, Colorado.

4. Estimated dollar value.

Prescribed Fire Smoke Permit Fee Services for 1 base year plus four option year to pay for prescribed fire fees. Fees include permits issued, denied, suspended, withdrawn, or revoked; and whether actual burning activity occurred.

Total Cost is $28,200.91

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 Clean Air Act (42 USC Section 7418 (a)) states, all agencies involved with the discharge of air pollutant must comply with local requirements. The Colorado Air Pollution Prevention and Control Act, Sections 25-7-109 (2)(e) and 25-7-123, C.R.S., provides the authority for the Commission to adopt and modify a program including emissions control regulation to control burning activities. The Bureau of Land Management is required to follow the Department o f Pubic Health and Environment Colorado Air Quality Control Commission Regulation Number 9 Open Burning, Prescribed Fire, and Permitting 5CCR 100-11. Therefore this is a sole source procurement, no competition is required.

7. Other information.

See attached excerpt from the Clean Air Act (42 USC Section 7418 (a) and Department of Public Health and Environment Colorado Air Quality Control Commission Regulation Number 9 Open Burning, Prescribed Fire and Permitting 5CC101-11. The fees are discussed in section VIII of the regulation, page 15.

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

Current market conditions were assessed using the most current prescribed fire fees and past prescribed fire fees. Appendix C, page 18 of the Department of Public Health and Environment Colorado Air Quality Control Commission Regulation Number 9 Open Burning, Prescribed Fire and Permitting 5CC101-11 describes in detail the fee structure and percentages attributed to the BLM. The price for this service is fair and reasonable and will meet the requirements of the agency and our partners.

9. Future plans to permit competition.

This is not available for competition because this has to be complied with and provided by the State of Colorado.

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.

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