FAR 13.5 Single Source or Brand Name Justification CO-PM_MASCO SignedFlat_Redacted.pdf

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

Certain Commercial Items (FAR 13.5)

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, Indefinite Delivery/Indefinite Quantity (IDIQ) contract under the authority FAR 16.5 - Indefinite-Delivery Contracts, FAR 16.504 - Indefinite-quantity contracts, and FAR 13.500(a) which authorizes the use of Simplified Acquisition Procedures up to $7.5 million, and is implemented by FAR 13.501(a), on or about 01 May 2025 with Firequick Products, Inc. (referred to herein as Firequick), a registered woman owned small business, for the USDA Forest Service (USDA- FS), National Incident Support Caches (NISC).

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

The proposed contract action is to award an IDIQ contract for the following Firequick brand products:

Description Est. Cases Est. Cost

NFES 0299 - FLARE - FIRE, 2 1/2" X 6", HAND LAUNCHED, 50 PER

CASE

NFES 0371 - FLARE - (3/4 x 3 1/2) "HOTSHOT", 10 PER BOX

NFES 0372 - CARTRIDGE #6 PURPLE, BLANK, 22 CAL,

100 PER BOX

NFES 0571 - LAUNCHER - FLARE, DUAL, EACH

NFES 0687 - FLARE - FIRE, 'STUBBY', 1 1/2" X 2", PISTOL

LAUNCHED, 12 PER BOX

NFES 0690 - FLARE - FIRE, 'CHUBBIE', 2 1/2" X 2", HAND

LAUNCHED, 75 PER BOX

Note: A Firm-Fixed Price base plus 4 option periods IDIQ is anticipated. An Independent Government Cost Estimate (IGCE) has not yet been provided; however, these quantities are based off historical purchases and are only estimates over the full period of the contract. An IGCE will be made part of the contract record and considered as part of the price reasonableness determination upon requisition submission and prior to award.

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

Authorized by FAR 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services 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, and LCB intend to award this requirement non-competitively to Firequick, as the required items are proprietary, and no other vendors are authorized by the manufacturer to supply them. Firequick flares are the only flares specifically designed for wildland firefighting and were developed in collaboration with the USDA-FS for wildfire control and prescribed burns. These systems have been reviewed and approved by the USDA-FS’s National Technology and Development Program, the Missoula Technology Development Center, and the U.S. Bureau of Alcohol, Tobacco, and Firearms after extensive field testing to ensure reliability and safety.

Firequick flares and launchers are the preferred ground ignition tools for federal, state, regional, and private firefighting agencies and are the only flare systems authorized by the USDA-FS for controlled burning in complex environments. Firequick holds patents on all required items, and other flares on the market are designed for signaling rather than prescribed burning. Firequick products are commercially off-the-shelf (COTS) and require no modifications for USDA-FS use.

These products are integral to the Interagency National Cache System, which ensures compatibility across existing firefighting equipment, allowing personnel to interchange parts for field repairs and maintain operational continuity. Since Firequick is the sole manufacturer of the flares and launchers in USDA-FS inventory, no other manufacturer’s products are compatible. Introducing a new product would require extensive field testing to ensure safety, reliability, and operational consistency, potentially disrupting training, equipment familiarity, and overall safety.

Firequick is the only manufacturer approved by the National Wildfire Coordinating Group (NWCG) Equipment Technology Branch, Equipment Technology Committee, and listed in the Interagency Ground Ignition Guide (PMS-443) and the National Fire and Equipment Systems Catalog (PMS-449-1). As no other vendor can provide compatible equipment, only Firequick can ensure continuity of service and mission readiness during fire season. Failure to acquire these devices in a timely manner would severely limit firefighting operations nationwide, compromising the USDA-FS’s fire suppression responsibilities.

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

Firequick holds patents on all its equipment and flares. Due to the proprietary nature of the procurement, including Firequick product inclusion in USDA-FS inventory and authorized equipment directives, a limited market research was conducted along with a “sources sought” notice published on www.sam.gov under “Contract Opportunities” per FAR 5.201(b)(1)(i) and covered exceptions in 5.202 and special situations in 5.205. E-mails were received from BHPE LLC (Begini Howard Private Equity) and Pyrotechnique by Grucci, Inc. stating an interest in the acquisition. However, no documents were submitted. Consequently, a special notice of “Intent to Sole Source” will be posted on www.sam.gov.

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 IGCE, a comparison of pricing from prior procurements made over the past four (4) years including a total of eight (8) orders, and comparison to the vendor’s posted commercial pricing.

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

In addition to the aforementioned “Sources Sought Notice” in bullet 6., a review of the NWCG PMS 443 confirmed the device requirements, leading searches through GSA, internet search engines, FPDS-NG, and the Interagency Cache Directory found no similar items, vendors, or past procurements for launchers and flares with the required capabilities. Firequick confirmed there are no authorized third-party vendors. A search on www.sam.gov revealed multiple sole source notices to Ansul Inc., but Ansul is no longer an authorized Firequick distributor.

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

All items are patented by Firequick and cannot be obtained from any other source. Internet searches resulted only in Safety Flares which are not suitable for firefighting. Furthermore, procurement of any other flare apparatuses would result in non-standardized units with different maintenance, training, storage requirements, and capabilities, as well as first article testing through the National Technology and Development Program. The National Incident Support Caches do not currently have the personnel, resources, or space to support non-standard items.

Normally, first article testing would not be required for COTS items. However, FAR 9.303 Exceptions, provides guidance on when testing and approval may be appropriate, in which 9.303(a) and (c) apply to this current USDA-FS need.

*Note: See attached “Firequick Products, Inc. proprietary letter.”

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

A sources sought notification has been submitted through the Government Point of Entry at “Contracting Opportunities” in www.sam.gov in accordance with FAR 5.201(b)(1)(i), on 27 March 2025. E-mails were received from BHPE LLC and Pyrotechnique by Grucci, Inc. stating an interest but no documents were submitted. As a result of market research findings, the recommended source, Firequick is the only vendor capable of meeting this critical need due

Additional Reviews & Approvals

Advocate for competition for the procuring activity (if over $750,000). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity/MASCO, I hereby approve this justification.

MARY A. MORRIS

MASCO and Director, PPS Mission Area Advocate for Competition

Mary A. Morris Digitally signed by Mary A. Morris Date: 2025.04.11 11:24:30 -04'00'