A16 Limited Source Justification_1.pdf

Procurement Request Number: 0040494277

LIMITED-SOURCES JUSTIFICATION FOR FEDERAL SUPPLY SCHEDULE

PROGRAM

NATIONAL ENVIRONMENTAL PLANNING ACT

BLANKET PURCHASE AGREEMENT CONTRACTORS

140L0618A0008 – 140L0618A0016

Upon the basis of the following justification, prepared in accordance with Federal Acquisition Regulation (FAR) 8.405-6(c), I, as Bureau Competition Advocate, hereby approve the use of sources limited to fewer than those required in FAR 8.405-1, FAR 8.405-2, and FAR 8.405-3 pursuant to the authority of 41 U.S.C. 251 as implemented by FAR 8.405-6(a)(1)(i)(C). This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251, et seq. and 40 U.S.C. 501).

1. Identification of the agency and the contracting activity.

Bureau of Land Management National Operations Center National Acquisitions Branch Denver Federal Center OC-663 Denver, Colorado 80205

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

The Bureau of Land Management (BLM) has a continuing requirement for resolution of public protests for proposed land uses pursuant to the National Environmental Policy Act (NEPA). The BLM receives thousands of protest letters annually for proposed land use planning efforts.

Contractor support is required to manage the volume of protests and ensure the handling thereof meets all federal regulations. There are currently 10-15 plans being managed in the protest phase. Additionally, in FY21-22 BLM estimates that up to 20 land use planning efforts will reach the protest phase, many of which will occur concurrently.

The subject action is a logical follow-on BPA Call to coordinate NEPA Protests nationally. The previous action was BPA Call no. 140L06190046, initially competed under fair opportunity procedures set forth in the BLM National NEPA Planning Multiple Award BPA, issued under the GSA Federal Supply Schedule 899-1 for NAICS Code 541620 . Order 140L06190046 was awarded to ICF, inc. for services supporting the Protest Resolution in concurrence with Proposed

CONTROLLED//SSEL/PROCURE//DISSEM-PUBLIC

Resource Management Plan (RMP) Amendment/Final Environmental Impact Statements (EIS) and Record of Decision (ROD). The period of performance on the previous action was 3/29/19 to 09/30/2020.

Due to the ongoing need, the action being approved herein is the award of a follow-on BPA Call to ICF, inc. for the period 10/1/2020-3/31/2022 in an amount not to exceed $915,000.00. The environmental consulting services and statement of work remain unchanged from the current BPA Call, and the scope remains coordination of NEPA Protests nationally for the BLM.

3. A complete description of the supplies and/or services required to meet the agency’s needs.

This Statement of Work (SOW) will support the requirements for twenty-five land use planning efforts (20 new and 5 in process) prepared and published in accordance with the BLM’s land use planning statutory, regulatory and policy requirements, and with US Department of Interior (DOI) directives. The period of performance will be 18 months, from October 1, 2020 to April 1, 2022. The estimated value of this effort is $907,100.

For every change to land use planning published by law, the BLM requires contract support assistance to ensure the legal requirements for public protests are met in the appointed time frames. In order to comply with the time requirements established by Secretarial Order 3355 (SO 3355), the BLM must complete protest reviews and responses within 30 calendar days from when a protest period closes for each land use planning effort. Many of these occur concurrently and have strict timelines and response criteria. Briefly, the contractor becomes familiar with the protested plan or plan amendment, tracks and organizes incoming protests. Prior to the close of the 30-day protest period, the contractor develops a synopsis of protest issues to facilitate completion of protest reporting. Within 14 days of the close of the 30-day protest period, the contractor prepares a summary report of all protests received and their legal basis. As part of this report, the contractor identifies protest topics and draft responses. Contract support for protest handling ensures consistency and accountability that the agencies’ responsibilities to the public are executed in accordance with all guiding regulations.

4. An identification of the LSJ rationale, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a(1)(i)(C) –In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

ICF, Inc. is uniquely qualified to support requirement to complete protest reviews and responses within 30 calendar days from when a protest period closes for each land use planning effort required by Secretarial Order 3355 (SO 3355). Failure to meet these deadlines impacts the Bureau’s ability to sign a Record of Decision (ROD). As the incumbent contractor, they have developed a workflow specific to both BLM requirements and multiple concurrent protest efforts. Each protest effort can be vastly different in scale and complexity. Thus far, the contractor has successfully supported twenty protest efforts in a timely fashion.

With the current system in place, ICF is uniquely positioned to efficiently review incoming protest letters for multiple overlapping protests, determine whether they qualify as a ‘protestable’ issue under the law, and coordinate with multiple government resources regarding more complex or potentially controversial protest letters with minimal direction. Any new contractor would require start-up time to develop a similar system, which would place current protest actions at risk of failing to meet the agencies obligations.

ICF, Inc. is also uniquely qualified to continue and complete multiple ongoing large and complex protest efforts, of which there are three that are projected to extend into FY21.

Additionally, due to BLM’s recent headquarters relocation, BLM staff vacancies are extensive, and the government lacks staffing to orient a new contractor.

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d) and FAR 8.405-2(d).

Upon receipt of the quote, the contracting officer shall conduct a price analysis and determine fair and reasonable pricing based upon:

a. Comparison of the proposed price with prices found reasonable on previous purchases (FAR 13.106-3(a)(2)(ii)

b. Current price lists, catalogs, or advertisements. FAR 13.106-3(a)(2)(iii) and 8.404(d)

c. Level of effort and the mix of skills available for the tasks needed FAR 8.405-2(d)

d. Comparison to an independent Government estimate FAR 13.106-3(a)(2)(vi)

6. A description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted. A statement must be made that the supplies and services are available from the FSS.

Market research among BPA holders was not conducted. In 2018, the BLM established a multiple award BPA to support National Planning NEPA actions for all of DOI. Market research conducted at that time clearly indicated all 10 BPA awardees have capacities to provide environmental consulting services in support of NEPA actions.

7. Any other facts supporting the limited source justification.

Proceeding with this acquisition as a logical follow-on provides savings to the government in the cost of the acquisition. The table below compares the estimated position cost of competing the action under the BPA, versus the position cost of establishing a logical follow-on BPA Call.

Government Position

# Hours for Fair Opp Competition

# Hours Logical Follow-on

Labor Category Average Salary

Requiring Activity/SME

30 15 GS13 $54.50/hr

COR 20 10 GS13 $54.50/hr

CO 30 10 GS13 $54.50/hr

CS 40 15 GS12 $45.80/hr

Internal & Legal Reviews

4 4 GS14 $75.75/hr

Totals $6,495.00 $2,897.50 -$3,597.50

In addition to the position cost savings of $3,597.50, the acquisition lead time is shortened from 90 to 60 days.

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

BLM’s first consideration in any NEPA support action is to compete the requirement under the NEPA BPA. For the fourth quarter of FY20, there are currently at least twelve (12) opportunities (RFQs) offered under the NEPA BPA. Any protest coordination actions beyond the subject requirement will be competed under fair opportunity procedures set forth in the National Planning NEPA multiple award BPAs.

9. 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.

Certifications

Acquisition Initiator:

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.

Moira McKernan, Natural Resource Specialist-Planner

Contracting Officer:

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

Jennifer Rodman-Snyder, Lead Contracting Officer

Reviews and Approvals

Program Senior Official (or designee):

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

Emmett Larson, BLM NOC Acquisitions Section Chief of Resource Services

Activity Competition Advocate (if > $700K and < $13.5M):

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this LSJ does not exceed $13.5M, this review serves as approval.

Melissa Hutchison, BLM Bureau Procurement Chief and Competition Advocate