FAR 13.106-1(b)(1) Batteries.docx

Justification & Approval Natural Resources and Environment (NRE) Mission Area United States Department of Agriculture Less Than the Simplified Acquisition Threshold (SAT) FAR 13.106-1(b)(1)

1. Identification of the agency and the contracting activity.

United States Department of Agriculture (USDA) Forest Service (FS) Washington Office-Fire and Aviation Management, National Interagency Incident Communications Division (NIICD). The Contracting Activity for the requirement is United States Department of Agriculture (USDA) Forest Service (FS) Incident Procurement Operations, 3833 South Development Avenue, Boise, ID 83705

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

The USDA U.S. Forest Service entered into a contract on a basis of other than full and open competition for a firm fixed-price contract with Shore Power Inc.

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

The U.S. Forest Service had an urgent need for UltraPower UP12350NB 35Ah 12V Rechargeable Sealed Lead Acid (SLA), Battery - NB Terminal. These batteries need to have a Non-Restricted Status for surface and air shipments. These batteries are needed to outfit the National Interagency Incident Communications Division (NIICD) for portable communication units for use on emergency wildland fire incidents to maintain communication with wildland fire personnel on the fire incident.

The estimated value of these batteries procured and shipped to the National Incident Communication Division warehouse is $149,675.00.

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

Less Than the Simplified Acquisition Threshold (SAT) FAR 13.106-1(b)(1)

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

The U.S. Forest Service has an urgent need for UltraPower UP12350NB 35Ah 12V Rechargeable Sealed Lead Acid (SLA), Battery - NB Terminal due to the NIICD having to make alterations to the communications equipment used on emergency fire equipment due to battery shortages and due the national pandemic and supply chain shortages for battery manufacturing. These batteries are needed immediately to ensure there is no interruption to the communication portals on wildland fire incidents due to life safety hazards with no communications.

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

FAR 5.202(a)(2) The proposed contract action is made under the conditions described in FAR 13.106-1(b)(1) for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

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

The U.S. Forest Service personnel (Contracting Officer included) performed due diligence (to the maxiumum extent practicable) in market research to acquire commerical market pricing for this particular item to yield a fair and reasonable price for this item. Additionally, an important factor was to find the best value to the government and the ability to find a vendor who can supply the quantity requested immediately with a fair and reasonable price. The vendor’s price was compared to commercial market pricing for these items to make an informed comparison and final decision.

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

The U.S. Forest Service did not conduct market research due to the fact of FAR 13.106-1(b)(1), Urgency. Delay in awarding of a contract would result in serious injury, financial or other, to the Government.

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

N/A

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

N/A

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

The U.S. Forest Service will continue to do the research on this product, and if found to be the new direction for the program, a formal solicitation for this product will be made on government point of entry.

Certifications & Approvals

Supporting data that form the basis for and included in this justification are certified accurate and complete.

/s/ Kim McCutchan Kim McCutchan NIICD Chief

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

/s/ Justin Holloway Justin Holloway Contracting Officer- IPO Logistics