JOFOC_ERFOandBAR_Redacted_1.pdf

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

https://www.blm.gov

T F CAT N F OTHE THAN FUL AND O EN COM ET T ON

This document sets forth the justification and approval as required by FAR 6.103.

1. Identification of the Agency and the Contracting Activity:

The Department of the Interior, Bureau of Land Management (BLM), Montana/Dakotas State Office, requests the DOI Procurement, to contract on a limited or sole source basis.

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

This action is to perform m n y o p n b z o resulting from a declared disaster event under the Emergency Relief for Federally Owned Roads (ERFO) program (Disaster No. MT 2026- 1-BLM) and p t wil m cy b iz nd v within the Windy Rock Fire area.

3. A description of the Supplies or Services required meeting the Agency’s needs, including the estimated value:

The requirement is to provide e r y d a ly wned o a provide emergency stabilization, hazard mitigation, and rehabilitation services on BLM-managed lands impacted by the Windy Rock Fire, within the Western Montana District (Missoula County), including but not limited to:

Repair of road slope failures Restoration of drainage features Removal of fallen trees and debris Stabilization of damaged roadway infrastructure Restoration of essential travel routes Storm patrol and emergency road maintenance to remove debris, repair drainage systems, and maintain safe access routes following storm events Removal of hazardous debris, sediment, and slide material impacting roads and infrastructure Installation of temporary protective fencing to prevent resource damage and support habitat recovery in sensitive meadow areas

These damages resulted from the em r 5 t o r v r v D e b , 2 2 W y ck w l n i mm 2 2 . These activities are necessary to protect life, property, infrastructure, and natural resources following wildfire impacts and subsequent storm events. The greatest impact to the government is after snow melt and after summer thunderstorms. Work must be completed within one year of the containment of the Wildland Fire Incident.

The estimated total value of this requirement is

These services are required to support BLM’s mission to maintain safe and functional access to federally managed lands and infrastructure.

4. An identification of the statutory authority permitting other than full and open competition:

Select one of the following:

__ 41 U.S.C. 3304 (a) (1), only one responsible source and no other supplies or services will satisfy agency requirements as implemented by FAR 6.103-1.

_x_ 41 U.S.C. 3304 (a) (2)), unusual and compelling urgency as implemented by FAR 6.103-2.

__ 41 U.S.C. 3304(a) (3)), industrial mobilization; engineering, developmental, or research capability;

or expert services as implemented by FAR 6.103-3.

__ 41 U.S.C. 3304 (a) (4)), international agreement as implemented by FAR 6.103-4.

__ 41 U.S.C 3304 (a) (5), authorized or required by statute as implemented by FAR 6.103-5.

__ 41 U.S.C. 3304(a) (6), national security as implemented by FAR 6.103-6.

__ 41 U.S.C. 3304 (a) (7)), public interest as implemented by FAR 6.103-7.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

BLM has received a f m l kn w e gme t t o iz t t ocee wit eme e y e from the Federal Highway Administration (FHWA), directing immediate action to restore essential travel and prevent further damage.

Additionally, FHWA issued a P tiv F n ng confirming eligibility for ERFO funding and requiring prompt repair and prioritization of emergency work.

The urgency is based on the following conditions:

Im t h t y c : Damaged roads pose hazards to public users and agency personnel.

R k r r t f ure: Unrepaired slope failures and drainage issues may worsen, increasing repair costs and environmental damage.

L i ac ut : Roads provide access for emergency response, land management, and public use.

Fe e nt or ro i : ERFO guidance explicitly requires emergency repairs to be undertaken immediately to remain eligible for funding.

Delaying award to allow full and open competition would result in:

Increased damage and repair costs Extended loss of access Potential safety incidents Risk to Federal funding eligibility

Therefore, the Government would be seriously injured if normal competitive procedures were followed.

In accordance with FAR 6.103-2, the contracting office will solicit offers from a y o a ctic n r t c c t nc

The Windy Rock Fire has significantly altered watershed conditions, increasing the likelihood of r n, o d b i w , a f i ure during storm events. Burned areas are highly susceptible to rapid runoff, mobilizing sediment, rocks, and woody debris that threaten roads, drainage systems, and public access routes.

Immediate action is required because:

r L nd y: Roads and access routes are subject to blockage, washouts, and hazardous conditions, posing risks to the public and emergency responders.

I I r m : Failure to clear drainage features and debris will result in accelerated road failure, increased erosion, and significantly higher reconstruction costs.

R urc D n v r m n e ra Sensitive habitats, including meadow ecosystems such as Hanson Park, are at risk of continued degradation without immediate protective measures.

m ing c rom orm Ev s: Post-fire landscapes are unstable, and each storm event increases the magnitude of damage if mitigation actions are delayed.

Delaying this acquisition to conduct full and open competition would result in:

Increased risk to public safety Loss of critical access routes Escalating repair costs due to compounding damage Irreversible impacts to natural and cultural resources

Therefore, the Government would be seriously injured if normal competitive procedures were followed. In accordance with FAR 6.103-2, the Contracting Officer will solicit offers from as many potential sources as practicable under the circumstances.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.1 and, if not, which exception under FAR 5.101 applies:

Through market research several potential sources have been found. Information about their capabilities is mentioned below in section 8.

This procurement meets the criteria for using other than full and open competition as set forth in FAR 6.103-2, which references the use of procedures authorized under conditions of unusual and compelling urgency; therefore, the notice will be posted within 30 days after contract award.

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