B01_JOFOC_Valley_County_Weeds-2022_1.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

In accordance with the authority granted under 41 U.S.C. 253(c), this request for award under other than full and open competition is hereby submitted.

1. Agency:

Bureau of Land Management (BLM) North Central MT District Office 920 NE Main Lewistown MT 59457

Bureau of Land Management (BLM) Glasgow Field Office 5 Lasar Dr Glasgow MT 59230

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

The BLM has a requirement for noxious weed treatment on BLM land throughout Valley County, MT. A sole source action is being requested as authorized in the statutes described below.

3. Description of the supplies or services required:

The BLM-Glasgow Field Office requires up to 300 acres of weeds (leafy spurge or spotted knapweed) to be sprayed with one or more of the herbicides. Chemical application is required when either of these species are actively growing in the late spring, or in the case of leafy spurge, an additional window of application is possible in the late fall prior to a killing frost.

4. Statutory/Regulatory Authority:

Federal Acquisition Regulation (FAR) Part 6.302-5(a)(2)(i):

Full and Open Competition need not be provided for when (i) A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source.

This contract between the Bureau of Land Management and Valley County, Montana is under the authority of 16 USC 2113a which states, “the term “good neighbor agreement” means a cooperative agreement or contract (including a sole source).”

Statutes:

a. In 2000, Congress authorized the USFS to initiate the “Good Neighbor” pilot program

(Public Law 106-291 Sec. 331 Oct. 11, 2000). Reauthorization of the Good Neighbor Authority (GNA) in 2004 (PL 108-447 Sec. 336 Dec. 8, 2004) added Bureau of Land Management (BLM) lands in Colorado to the scope of the authority. The Consolidated Appropriations Act, 2014 (PL 113-76 Sec. 417 Jan 17, 2014) reauthorized GNA and expanded it to all states that contain BLM or USFS lands. Subsequently the Agricultural Act of 2014 (PL 113-79 Sec. 8206 Feb. 7, 2014) was passed which also included a similar version of Good Neighbor. Although the initial pilot GNA (2000) focused on forested watersheds, GNA currently authorizes a broad scope of land management activities including fuels management, rangeland, watershed, wildlife, and fish habitat restoration, abandoned mine land reclamation, and monitoring and is available to multiple BLM program areas.

Exhibit 4 of BLM’s Good Neighbor Authority lists a wide variety of activities in program areas such as Rangeland Management such as:

• Invasive weed treatments – Treatment of invasive weeds is often carried out across multiple ownerships in a coordinated effort. GNA can be an effective tool to partner with a state that is carrying out weed treatments, whether using herbicide, mechanical, or biological controls, in a coordinated cross boundary effort.

b. The Federal Noxious Weed Act of 1974 (Section 9) authorizes the Secretary to cooperate with other Federal agencies, agencies of the States, territories, or districts or political subdivisions thereof, farmers’ associations and similar organizations and individuals in carrying out operations or measures in the United States to eradicate, suppress, control, or prevent or retard the spread of any noxious weed.

c. The Federal Land Policy and Management Act of October 12, 1976 (Public Law 94-579) provides authority to control weeds on range land as part of a rangeland improvement program.

5. Demonstration of Contractor’s Unique Qualifications:

For the past seventeen years, the BLM has partnered with the Valley County Weed District, in the form of an Assistance Agreement, to treat weeds on BLM administered lands. In 2021 the BLM contracted with the Valley County Weed District using this authority. The contract was satisfactorily fulfilled.

6. Effort Made to Solicit Potential Sources:

Solicitations or offers from other sources are not recommended or required due to the specific statutes stated above. A synopsis is not required as per FAR 5.202 (a)(4).

7. Determination by Contracting Officer that the Anticipated Costs will be Fair and Reasonable:

The BLM will realize significant cost savings due to the fact that Valley County is skilled and equipped to perform these services and will already be actively engaged in treating noxious weeds on Valley County lands which are adjacent to the BLM treatment acres.

As a county agency, only actual costs are chargeable. Cost for each year is dependent on the funds allocated for the prevention and treatment of noxious weeds. This cost includes personnel time, supplies, services, equipment, and administrative costs.

8. Market Survey Conducted or Not Conducted:

Not applicable.

9. Additional Facts Supporting the Use of Other than Full and Open Competition:

No other facts regarding the use of other than full and open competition.

10. List of Interested Sources:

N/A

11. Statement of Actions:

No further action will be taken to seek competition.