F03_JOFOC_Despain_Modification_-_Redacted__1.pdf

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

https://www.blm.gov

Justification for Other Than Full and Open Competition

This justification supports the determination that only one source is reasonably capable of providing services for Despain in accordance with RFO FAR 12.201-1, FAR 6.104-1, and 41 U.S.C. 1901.

1. Identification of the Agency and the Contracting Activity:

Department of the Interior (DOI) Office of Acquisition and Property Management

Department of the Interior (DOI) Bureau of Land Management (BLM) Wild Horse and Burro Program (WH&B)

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

The BLM seeks approval to issue a bilateral supplemental agreement to contract 140L0125C0009 with Kerry Despain. The modification is required to maintain essential WH&B care, feeding, and facility operations at the Axtell, Utah Off-Range Corral (ORC).

The modification extends performance by 212 days beyond the current period ending July 31, 2026. Because the additional performance period was not solicited, competed, or evaluated as part of the original bridge award, this modification constitutes an out-of-scope extension requiring justification under FAR 6.302-1. The estimated value is $2,848,750.00.

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

The contractor will continue providing uninterrupted daily care, feeding, monitoring, sorting, receiving, unloading, loading, and preparation services for wild horses at the Axtell, Utah facility. Required services include maintaining all pens, feed, water, salt, minerals, equipment, and working areas necessary for WH&B care. The continuation period totals 212 days, valued at $2,848,750.00, increasing the overall contract value to $6,881,087.50.

4. An identification of the statutory authority permitting other than full and open competition

This action is justified under FAR 6.302-1, Only One Responsible Source, and 41 U.S.C.

1901.

The CO considered the requirements of FAR6.303 and DOI-AAAP-0075 and therefore, this modification was reviewed by the Office of the Solicitor.

5. A demonstration that the proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

Kerry Despain is the only responsible source capable of providing uninterrupted WH&B care during the extension period. The facility currently houses all horses, and no other provider has available capacity or BLM-approved infrastructure to assume custody.

Relocating the herd would require significant transport time, high cost, substantial risk, and stress to the animals. A new contractor would experience delays associated with mobilization, training, facility familiarization, and WH&B-specific safety protocols. Any disruption in care would jeopardize animal welfare and impede BLM’s statutory obligations.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Part 5 and, if not, which exception under FAR Part 5 applies

A competitive acquisition is not practicable because no other contractor can assume immediate custody or performance without disrupting humane care. The modification introduces an out-of-scope requirement, but the immediate and continuing needs qualify it under FAR 6.302-1. Therefore, a FAR Part 5 synopsis is not required under the exemption at

FAR 5.202.

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

The Contracting Officer determined the adjusted daily rate of per horse is fair and reasonable. Market factors supporting this include documented increases in hay, fuel, equipment, labor, fertilizer, and feed wagon costs. Pricing is consistent with USDA AMS Utah regional hay reports, EIA PADD 4 diesel trends, and BLS agricultural machinery indices. PADD (Petroleum Administration for Defense District) is a U.S. fuel-pricing region used by the Energy Information Administration (EIA). The price reasonableness memorandum supports this determination.

8. The market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

Market research confirms no alternative Utah or regional WH&B facilities have sufficient capacity to accept horses or assume immediate performance. All comparable ORC facilities are full, and establishing new capacity is not feasible to prevent a lapse in care.

9. Any other facts supporting using other than full and open competition

The Axtell ORC currently houses wild horses, and no other BLM-approved facility has the capacity or readiness to assume immediate custody without disrupting humane care. A transition at this time would introduce substantial mobilization and acclimation risks and impair the Bureau’s ability to meet statutory WH&B requirements.

The extension is necessary to finalize the Western States ORC multi-award competitive acquisition. The estimated award date is Spring 2027. Although the original bridge period was intended to support completion of this procurement, additional time was required to complete essential programmatic analyses, regulatory steps, and multi-office coordination inherent in establishing long-term ORC capacity. These activities are now significantly advanced, and the additional 212 days reflect the minimum time needed to complete the competitive award.

The Contracting Officer determined the pricing to be fair and reasonable based on documented cost increases for hay, fuel, labor, equipment, and fertilizer, supported by USDA AMS, EIA PADD 4, and BLS indices. No viable alternative sources have expressed interest or possess the capability to assume immediate performance. The Bureau continues advancing the competitive ORC acquisition to restore full competition and prevent future noncompetitive actions.

This JOFOC satisfies the documentation expectations of DOI-AAAP-0024 regarding noncompetitive actions.

10. A listing of the sources, if any, that expressed an interest in the acquisition in writing.

None

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The BLM is actively developing the Western States ORC competitive acquisition, which will restore competition. The current extension is temporary and required solely to ensure continued humane WH&B care until the new multi-state ORC contracts are awarded.

12. Contracting Officer’s Certification

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

Lisa D. Turner, Contracting Officer Bureau of Land Management – Headquarters Operations Office of Acquisition & Property Management

Heath Weber, Contracting Officer’s Representative (COR) Wild Horse & Burro Program

BLM