FAR 13.5 Single Source or Brand Name Justfctn Under SAT.pdf

United States Department of Agriculture Sole Source (Including Brand Name) Justification under

Simplified Procedures for Certain Commercial Items (FAR 13.5) Control No. (if applicable) 1202SC24P2721

1. Identification of the agency and the contracting activity.

USDA Forest Service, Procurement and Property Services (PPS), Incident Procurement Operations (IPO), Logistics Contracting Branch (LCB).

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

The US Forest Service (USFS), Procurement & Property Services (PPS), Incident Procurement Operations (IPO), Logistics Contracting Branch (LCB), intends to enter into an “other than full and open” competition, sole source, Firm Fixed Priced contract under the authority 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), on or about 10 September 2024 with , Inc., a registered small business, for the USDA Forest Service (USDA-FS), Rocky Mountain Fire Cache (RMFC) located in Lakewood, CO.

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

The proposed contract action is for the following brand product: ' ' , 2 ” X " - . The contract cost is estimated to be $ .

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. Supporting rationale demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The PPS, IPO, LCB intends to non-competitively award this requirement to , Inc. The required items are proprietary to , Inc. and there are no other vendors

, Inc.

to accommodate specific critical needs and changing field conditions of US Forest Service fire suppression activities.

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

notification of “Intent to Sole Source” will be submitted through the Government Point of Entry at “Contracting Opportunities” in www.sam.gov in accordance with FAR 5.201(b)(1)(i), “For acquisitions of supplies and services, other than those covered by the exceptions in 5.202 and the special situations in 5.205, the contracting officer must transmit a notice to the GPE, for each proposed – Contract action meeting the threshold in 5.101(a)(1).”

There are no other suppliers currently being used by the Forest Service in the National Cache System.

There is vital need to maintain critical inventory used on an emergency basis while maintaining a national equipment standard. Furthermore, it would be a timely and costly drain on human, physical, and financial resources to pursue other options.

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

Determination that cost to the Government will be fair and reasonable will be done utilizing an independent Government cost estimate and a comparison of pricing from prior procurements made over the past f ( ) years including a total of ( ) orders.

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

A review of A notice of intent to sole source, in accordance with 41 U.S.C. 1901 and FAR 13.501(a), will be posted to the GPE (sam.gov) on or about 13 September 2024, for a total of 30 calendar days. Research conducted concluded that , Inc.

is the sole entity who

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

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

As a result of market research findings, the recommended source, , Inc. is the only vendor capable of meeting this critical need due to the to the nature of the requirement and the ability to meet the unique needs essential to the Government.

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 National Cache ystem and the National Technology and Development Program will continue to monitor emerging technologies that will accommodate the unique needs the US Forest Service with the goal of finding the most innovative and cost-effective solutions for the government and the public. Additional future efforts will be assessed by Acquisition Management to ensure acquisition planning is properly conducted should the need arise. Accordingly, the CO will conduct market research to achieve competition to the maximum practicable extent possible for subsequent acquisitions to meet the safety, compatibility, and functionality requirements of the US Forest Service.

Certifications & Approvals

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.

Contracting Officer

CHRISTOPHER KIRK Digitally signed by CHRISTOPHER KIRK Date: 2024.09.23 16:44:38 -06'00'