FAR 13.5 Single Source or Brand Name Justification Exceeding SAT_Redacted.pdf

United States Department of Agriculture

Sole Source (Including Brand Name) Justification under

Simplified Procedures for Certain Commercial Items (FAR 13.5)

Solicitation No. 12048924Q0108

1. Identification of the agency and the contracting activity.

Mt. Hood National Forest is seeking an oral history study from the Confederated Tribes of the

Warm Springs (CTWS) doing business as GeoVisions for the perimeter of 2020 Riverside Fire. In addition, the Forest seeks an executive summary for a previous oral history study completed by

GeoVisions for the Government Camp area in support of the Government Camp Land Exchange.

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

The USDA proposes a sole source, firm fixed-price contract with Confederated Tribes of the Warm

Springs Reservation doing business as GeoVisions, using the simplified procedures for certain commercial items under Federal Acquisition Regulation (FAR) Part 13.5. GeoVisions is a tribally owned enterprise. Working with GeoVisions is synonymous with working with the CTWS.

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

Task 1: Mt. Hood National Forest 2020 Wildfire Burn Area Oral History Study

The Forest is seeking an oral history study from CTWS for the 2020 Riverside wildfire perimeter.

The study area is approximately 15,000 acres. The estimated cost of this service is .

The Study will help the Tribe more efficiently complete government-to-government consultation with the Forest, having been to and thoroughly studying the project areas through a traditional use and cultural resource lens. The study will help both the Forest and the Tribe inform outyears of fire recovery, as well as Forest management generally along the river corridor. It will help inform future

National Historic Preservation Act Section 106 survey strategies, cultural site evaluations, as well as potential effects of proposed projects on those resources. In addition, it may support future co-stewardship of the landscape.

Task 2: Government Camp Land Exchange Oral History Executive Summary

To fulfill mitigation requirements under Section 106 of the National Historic Preservation Act, the

Forest seeks an executive summary from GeoVisions for a past oral history contract

(12046W18P0053). The oral history study has already been completed, this requirement is solely for an executive summary. The estimated cost of this task is .

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.

CTWS, doing business as GeoVisions, is the only entity qualified to discuss the Tribe’s unique traditional and cultural use of the fire recovery area. The fire recovery area includes many usual and accustomed stations of the Confederated Tribes, as outlined in the 1855 Treaty between the Tribes of Middle Oregon and the U.S. Government, and as defined by CTWS. GeoVisions is the CTWS-owned enterprise that specializes in this work, combining the knowledge from elders, specialists, and other research to provide a comprehensive indigenous study of a given place for CTWS.

Working with GeoVisions is synonymous with working with the Tribal government.

There are other cultural resource firms that have the technical capabilities to complete a generic oral history study (e.g. with past Foresters about their work on a Forest, or with veterans about their military experience). However, oral history studies focus on confidential and sensitive information.

This information is closely held within the Tribe. Oral history studies are gathered from within the

Tribes own community of elders and cultural leaders. The information is incredibly sensitive and confidentiality for the Tribe and its members is key. Those elders and leaders will only share that information with the Tribal government or appointed staff. The information is then principally held with the Tribe, with a redacted summary version provided to the agency. The deliverables help the

Tribe and Forest may better work together to meet treaty obligations and the U.S. government’s trust responsibility to the Tribe.

This dedicated study will support the Tribe’s ability to consult effectively with the Forest on the

Forest’s management of the Tribes’ ancestral lands. Supporting this work will improve the U.S.

government’s ability to meet its obligations to the CTWS under the treaty. The study will also support Tribal sovereignty in relation to the Tribe’s ancestral lands. In addition, it helps fulfill the agency’s obligations as outlined in the Forest Service’s 2023 Tribal Relations Action Plan, Strengthening Tribal Consultations and Nation-to-Nation Relationships.

In addition, GeoVisions has already completed two previous oral history studies for different areas of the Mt. Hood National Forest. They were utilized in that case and will be again for this project given the unique and confidential nature of this work with the CTWS elders.

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

The contract is only being solicited to the Confederated Tribes of the Warm Springs through

GeoVisions, a direction established through government-to-government consultation with the

Confederated Tribes of Warm Springs (CTWS).

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

1. In 2021, the Region created a Cultural Services Blanket Purchase Agreement (BPA). This includes 10 vendors who provided costs for Ethnographers, 10 for Anthropologists and 15 for Archeologists. CTWS through GeoVisions will likely use 1-3 of their own

Archaeologists and/or Anthropologists to lead the project and will compensate Tribal Elders for their expertise. Tribal elders are regarded as natural ethnographers and compensated as professionals in the field. Between the 10 vendors who provided costs for Ethnographers, the average price is $107 an hour. For the 10 costs for Anthropologists, the average price is

$100 an hour. For the 16 costs for Archaeologists, the average price is $135 an hour.

2. GSA’s Labor Category Ceiling Rates tool has a few recorded rates for these roles. For

Ethnographer, it seems to be a small sample size, but ranges from $115-141 an hour. For more senior Archaeologist roles who would presumably serve as project managers (Senior

Archaeologist or Archaeologist IV), the rates are $99-135 an hour.

3. In 2018, the Forest commissioned an oral history study from GeoVisions for a smaller area of land as part of the Government Camp Land Exchange (Contract 12046W18P0053). This was for 67 acres in Government camp, and the cost for the oral history study was $59,347.

This included 8-12 interviews with tribal elders. GeoVisions can increase or decrease the number of interviews for a given area depending on budget. The budget was for about 615 hours of work, at an average cost of $91. The hourly rate for Project Manager was $115, and for the tribal elders was $150. This also includes several hours of administrative and GIS technician time, whose rates were lower than the Ethnographers and Anthropologists.

4. In 2018, the Forest also commissioned the Confederated Tribes of Grand Ronde (CTGR) to complete Tribal/Traditional Cultural Landscape study for the same land area, which cost

$40,681 (Contract 12046W18P0056).

GeoVisions’ costs in 2018 were commensurate with the weighted average of all 10 vendors’ prices under the Cultural Heritage BPA as well as the GSA Labor Category Ceiling Rates.

Based upon the factors mentioned above, the anticipated cost from GeoVisions in the amount of is fair and reasonable to the Government.

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

Market research was conducted utilizing USDA contract portal, PRISM and SBA Small Business

Dynamic search tool. Although based on market research it shows that there were vendors capable of providing the services needed, it was determined based on Executive Orders, and regulations that govern Federal agencies’ relationship with Indian tribes are abstracted at FSM 1563.01 and explained with more detail at FSM 1563.8. See also FSH 1509.13. sec. 14, exhibits, for the full text of selected authorities, including Executive Orders 13175 (Tribal Consultation) and 13007 (Sacred

Sites), and the Food, Conservation, and Energy Act of 2008 (Cultural and Heritage authorities under the 2008 Farm Bill) and Forest Service Handbook 1509.12, “Agency officials are encouraged to facilitate tribal participation in Agency decision-making through financial support and other means.

While there are no legal requirements to compensate for consultation or other involvement in Forest

Service activities, the Forest Service may elect to provide compensation to Tribes or tribal representatives for extraordinary situations and specialized expertise, that a sole source award be made to GeoVisions.

Previous similar orders completed included:

12046W18P0053 and 12046W18P0056

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

The laws, Executive Orders, and regulations that govern Federal agencies’ relationship with Indian tribes are abstracted at FSM 1563.01 and explained with more detail at FSM 1563.8. See also FSH

1509.13. sec. 14, exhibits, for the full text of selected authorities, including Executive Orders 13175

(Tribal Consultation) and 13007 (Sacred Sites), and the Food, Conservation, and Energy Act of

2008 (Cultural and Heritage authorities under the 2008 Farm Bill).

Per Forest Service Handbook 1509.13 (12), “Agency officials are encouraged to facilitate tribal participation in Agency decision-making through financial support and other means. While there are no legal requirements to compensate for consultation or other involvement in Forest Service activities, the Forest Service may elect to provide compensation to Tribes or tribal representatives for extraordinary situations and specialized expertise.

… The Forest Service may request the Tribe to provide specific information and documentation or actual surveys and reports from the Tribe that would assist the Agency’s management responsibilities. In these circumstances, the Tribe may be acting as a professional contractor or consultant and providing work products or services that the Agency would normally compensate for.”

As a means to support consultation with the Confederated Tribes of Warm Springs, the CTWS, acting through GeoVisions is the only professional enterprise that can provide the requested service.

The Forest contracted with GeoVisions in 2018 to complete two similar studies for different areas on the Forest (Bull Run Watershed and Government Camp).

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

GeoVisions

4202 Holliday St.

Warm Springs OR 97761

Brandon Gilliland, B.A.

Operations Manager, Warm Springs Geo Visions bgilliland@wsgeovisions.com

(386) 209-0472

Fed Cology

David Greenberg david@fedcology.com, Stelle Pursuits

Heidi Olivera

HOlivera@stellee.com

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

No actions to reduce future barriers to competition specific to contracts supporting Tribal Relations are anticipated.

Certifications & Approvals

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

Kate Hogan, Mt. Hood National Forest

Heritage Program Manager and Tribal Liaison

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