J_A_-_Juab_County_Executed_1.pdf

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

https://www.blm.gov

JUSTIFICATION AND APPROVAL

FOR ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION PROCEDURES

This document sets forth the justification and approval as required by 13.106-1(b)(1) &(2).

1. Contracting agency and activity.

The Department of the Interior, Bureau of Land Management (BLM), West Desert

District/Fillmore Field Office/Fillmore, UT, requests the Procurement Division/Utah State

Office/Salt Lake City, UT, to contract on a sole source (including brand name) basis.

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

New Contract with Juab County, Utah, Weed Department to perform weed inventory and herbicide treatments on BLM-administered public lands for up to five years.

3. Description of supplies or services.

The BLM has a requirement (see Federal Statutes under Section 5) for noxious weed treatments on public lands adjacent to private and state lands in Juab County, Utah. The Juab County Weed

Department would provide weed inventory and treatment on approximately 300+ acres of BLM managed public lands in Juab County, Utah over the next five years. Specific requirements are listed in the Statement of Work.

4. Estimated dollar value.

We anticipate funding from Congress adequate to provide to the counties for the described work over the 4 option years specified. The total contract amount would be $200,000.

5. Statutory authority.

X 41 U.S.C. 1901 – Simplified acquisition procedures (use when the simplified procedures for purchases of property and services for amounts (1) not greater than the simplified acquisition threshold

41 U.S.C 1903 – Special emergency procurement authority (applies when in support of a contingency operation as defined in section 101(a) of title 10 or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States).

Other Statutes:

https://www.blm.gov/ a The Carson-Foley Act of October 17, 1968, (Public Law 90-583), authorized and directed heads of federal departments and agencies to permit control of noxious plants on federal land by state and local governments with noxious weed controls programs on a reimbursement basis in connection with similar and acceptable weed control programs being carried out on adjacent non-federal land.

b Section 2 of the Carson-Foley Act also states, “Any State (or political subdivision thereof) incurring expenses pursuant to Section 1 of this Act upon presentation of an itemized account of such expenses shall be reimbursed by the head of the department or agency having control or jurisdiction of the land with respect to which such expenses were incurred, provided that such reimbursements shall be only to the extent that funds appropriated specifically to carry out the purposes of this Act are available therefore during the fiscal year in which the expenses are incurred.”

c The Federal Noxious Weed Act of 1974 (Section 9) authorizes the Secretary to cooperate with other federal agencies, agencies of the States, territories, or districts or political subdivisions thereof, farmers’ associations and similar organizations and individuals in carrying out operations or measures in the United States to eradicate, suppress, control, or prevent or retard the spread of any noxious weed.

d The Good Neighbor Authority, (authorized under public law PL 113-76 Sec. 417

Jan 17, 2014, PL 113-79 Sec. 8206 Feb. 7, 2014) which authorizes the BLM to enter into agreements or sole-source contracts with the states or their agents for activities that restore or improve rangelands. These activities include herbicide application and invasive weed control.

e The Federal Land Policy and Management Act of October 12, 1976 (Public Law

94-579) provides authority to control weeds on rangeland as part of a rangeland improvement program.

6. Rationale supporting use of the authority stated in paragraph 5.

The BLM has a requirement for noxious weed treatments on BLM land within Juab County, Utah. A sole source action is being requested as it is specifically authorized by Congress in the statutes described above.

7. Other information.

It is in the Government’s best interest to work, whenever possible, with the county as they can better coordinate weeds treatments across multi-jurisdictional boundaries (e.g. state and patented lands) and they are headquartered in close proximity to public lands in the county. The Juab

County Weed Department has unique local knowledge of the area, technical skills, required licenses, and a good rapport with other agencies and private lands owners.

8. The efforts to identify additional sources including the market research conducted.

Not applicable as the BLM is directed by Congress to enter into sole-source contracts with the counties per the statutes listed in Section 5 above.

9. Future plans to permit competition.

Not applicable as the BLM is directed by Congress to enter into sole-source contracts with the counties per the statutes listed in Section 5 above.

10. Certification

The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

_______// Signature on File //___________ ______________

Kyle Monroe, Engineering Technician Date

West Desert District/Fillmore Field Office

Contracting Officer’s Representative

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

_________// Signature on File //________ _____________

Jessilyn Sanborn, Contract Specialist Date

Utah State Office

________// Signature on File //____________ ______________

Tori Blunt Mayes, Contracting Officer Date

Utah State Office