Competition Requirements_redacted.pdf

Justification & Approval Natural Resources and Environment (NRE) Mission Area

United States Department of Agriculture Federal Acquisition Regulation (FAR) Part 13.5, 41 U.S.C. 1901

1. Identification of the agency and the contracting activity.

The Contracting Activity is the United States Forest Service, Chief Information Office (CIO), and the Procurement and Property Services, National Procurement Operations, Information Technology Contracting Branch (PPS-NPO-ITCB), Albuquerque Service Center, 4000 Masthead St NE, Albuquerque, NM 87109.

2. The nature and/or description of the action being approved.

The USDA proposes to enter a limited source brand-name, firm fixed-price contract for a Pioneer Energy Products (PEPRO) Shelter for Thompson Peak, Plumas National Forest, Beckwourth Ranger District using simplified procedures for certain commercial items under Federal Acquisition Regulation (FAR) Part 13.5. To maintain the shelter’s 20-year warranty the shelter needs to be installed by a company that is certified by Pioneer Energy Products.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The purpose of this requirement is to procure the necessary professional services to design, manufacture, transport and install a radio communication shelter within the USDA Forest Service.

Communications shelters and supplies destined for remote and hard-to-access locations will require a high degree of technically competent personnel and a manufacturer’s certification of training to install PEPRO shelters and maintain the 20-year warranty.

4. The statutory authority permitting other than full and open competition.

41 U.S.C § 1901 - Simplified Acquisition Procedures up to $7.5 million, as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

In accordance with FAR 13.5, this justification supports that only one manufacturer can provide the supplies or services required at the level of quality required and the supplies and services ordered are unique and highly specialized. The lightweight unibody design of the PEPRO shelters with patented articulating mast allows for installation in remote communication sites by helicopter. The built-in Mast design negates the need to build a tower coupled with the shelter support system, allowing the placement of a shelter in remote areas with minimal environmental impact.

The contractor must be capable of designing, manufacturing, transporting, offloading, and ensuring all necessary functions/approvals are complete from the National Environmental Protection Act (NEPA), and a noxious weed abetment program for the site. This may include moving the shelter multiple times to and from forest staging areas, after installation of radio equipment and antennas if required.

This justification is specific to one Brand Name and is based on the following critical requirements which PEPRO meets:

a) Minimal Ground disturbance: Integrated fixed radio sites require no foundation or excavation. This eliminates the need for geo-technical, environmental impact and or archeological studies. No guy wires, guy stakes, or permanent foundation required.

The shelter can be installed in less than a day.

b) Faraday cage technology: The use of a patented faraday cage system to protect from lightning strikes, Electromagnetic pulses, electromagnetic interferences, and radio frequency interferences. The faraday cage offers lightning protection of less than 10 micro joules penetration inside the enclosure. 70 dB RFI attenuation from 20 MHz to

3.39 GHz. EMI 40dB attenuation magnetic field. This allows clearer and more reliable communications in austere environments.

c) Articulating tower: Eliminates the need for tower climbing. The tower extends horizontal to the ground allowing cable and antenna work before being raised into position. All antennas can be mounted and connected while the tower is in the horizontal position.

d) Turnkey site installation service: A company that is able to manufacture/purchase, ship, and install the communication shelter. This reduces the chance of delays and errors in installation, warranty issues, and reduces cost.

6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

A request for quote was posted on SAM.gov in January of 2025 and 6 quotes were received. Two quotes provided proof of having a PEPRO Shelter Installer certification which is required by PEPRO to honor the company’s 20-year shelter warranty.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Internet searches of similar contracts within the federal government reveal industry standards and consistent standard pricing was used. Based on this research, it is expected that the anticipated costs will be found fair and reasonable and in line with historical pricing.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market Research has determined that only the salient characteristics available through PEPRO brand name would work for certain environments. These characteristics are not available through other brand name products and the products cannot be modified to meet the Agency’s needs.

9. Any other facts supporting the use of other than full and open competition.