JOFOC FAR6.302-1 OFEQELA v1 111924 Signedf.pdf

Justification for Other than Full and Open Competition

Solicitation No. 1202SC25R2500 - Long-Term Fire Retardant

Operational Field Evaluation for Conditionally Qualified Product List

The following document is prepared in accordance with Federal Acquisition Regulation 6.302-3

1. Identification of the agency and the contracting activity.

United States Department of Agriculture/Forest Service (USDA FS) PPS, IPO, LCB 3833 S Development Ave Boise, Idaho 83705 Contracting Officer: Larry Robillard, FS, PPS, IPO, LCB, larry.robillard@usda.gov, (208) 407-6003

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

This justification for other than full and open competition will result in the award of a negotiated firm fixed, Requirements contract with Fortress North America, LLC a Compass Minerals Company (herein after referred to as the Contractor) for the supply of an estimated 900,000 mixed gallons of conditionally qualified Long-Term Fire Retardant (LTFR) and any ancillary services to support the USDA FS Operational Field Evaluation (OFE) under the Qualified Product List (QPL) qualification process (in accordance with USDA Contracting Deskbook Part 409.2). The contract Period of Performance is from 4/1/2025 – 10/31/2025 for the delivery of the product for use during the OFE.

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

The USDA FS requirement is to supply LTFR and any ancillary services unique to the Contractor’s product at the designated Airtanker Bases identified by the USDA FS. LTFR includes only those products current and future that are conditionally or fully qualified by the Forest Service in accordance with United States Department of Agriculture (USDA) Forest Service Specification 5100-304d (or latest version) as amended and listed on the Qualified Products List (QPL) for Long-Term Retardant for Wildland Fire Management. As updated QPLs are only posted monthly, the posted qualification status may lag the real time status. Ancillary services include the supply and use of base equipment and labor necessary to store, mix and load LTFR products onto fixed wing aircraft. Estimated value for the contract will vary depending on the exact result of negotiations between the Government and the Contractor. Based on the Government’s estimate and on historical pricing the LTFR has a total estimated value of $13,122,000.

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

41 U.S.C.3304(a)(1), as implemented by FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy the agency requirements.”

mailto:larry.robillard@usda.gov, Justification for Other than Full and Open Competition Solicitation No. 1202SC25R2500

Qela Operational Field Evaluation – Compass Minerals

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Due to countless concerns associated with the use of chemical fire retardants including but not limited to; safety of human life and property, environmental impacts/concerns, and effectiveness of retardant, the USDA FS implemented Specification 5100-304d (or latest version) for Long- Term Retardant, Wildland Firefighting. This specification identifies the necessary qualities of retardant products and their evaluation along with appropriate application methods and uses. The result of such a specification is a QPL of LTFR that meets or exceeds the minimum requirements of the Government. Per FAR 9.202(a) the justification for Qualification Requirement has been prepared and approved by the head of the agency or their designee. This OFE requirement is a major milestone in the process for qualifying additional products onto the QPL. The Contractor has successfully completed all predecessor steps in the QPL process in order to achieve interim qualification which is required prior to executing the OFE. This OFE step is comprised of a proctored evaluation of the Contractor’s product in a live field environment. The QPL process requires the delivery a minimum of 200,000 gallons of product for evaluation by the Government.

Due to know deficiencies in Specification 5100-304d (or latest version), the government is in the process of updating the specification to include additional testing for corrosion and commingling of new products with existing products. Because of the known issues, the OFE will be expanded to ensure that the new products commingling well with existing legacy LTFRs and to ensure that significant corrosion is not seen. The expanded OFE may be used until such time as the referenced specification can be updated to include additional laboratory testing. Upon the completion of the OFE test plan contract requirements will have been met. No other contractor has completed the predecessor steps in the QPL process and therefore the Contractor is the only supplier that meets the authorities specified herein.

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

A notice will be placed in the Government Point of Entry (GPE) identifying the intent to award a sole source contract to Fortress Fire Retardant Systems. This notice will alert any interested parties with products and services that may meet the specifications for placement on the QPL, or able to supply these products and services, to submit their qualified products for testing as required by US Department of Agriculture Forest Service Specification 5100-304d (or latest version) Long-Term Retardant, Wildland Firefighting.

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

Price reasonableness will be determined by utilizing price analysis in accordance with FAR 15.403-3 (c) and through competitive commercial price listings and prices found fair and reasonable on previous acquisitions of the same or similar items/services. Additionally, efforts are underway with Navy Price Fighters (NPF) , a third party Government cost analysis group, to perform a should cost study on LTFR products and services the USDA FS acquires. It is anticipated the study will be completed by end of CY 2024 and may be of assistance in supporting the price analysis in determining the fair and reasonable determinations for the price of LTFR going forward.

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

Market research has been ongoing to identify potential fire chemical and retardant providers. The Retardant Services project was conducted to further evaluate the possibility of soliciting and awarding services separate from the retardant product. Retardant Services project overview and analysis is available by contacting Michael McFarlane, Fire and Aviation Management, Fire Chemicals Branch Chief at michael.mcfarlane@usda.gov or 208-860-7334.

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

NA

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

There are currently three (3) firms that are working through the qualification process for their LTFR products at the National Technology and Development Program. The Wildland Fire and Chemical Program Leader responsible for the QPL evaluation procedures noted that no other LTFR products currently under evaluation could reach full qualification within the next 12 months.

Therefore, it is not anticipated that there could be any other qualified sources to express interest in this acquisition prior to the required period of performance start date.

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

There are no additional actions that the Government could undertake in order to remove or overcome barriers to competition prior to this acquisition required period of performance start date.

mailto:michael.mcfarlane@usda.gov

Certifications & Approvals

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

Michael McFarlane Fire Chemicals Branch Chief, FAM michael.mcfarlane@usda.gov

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.

Larry Robillard Contracting Officer, FS, PPS, IPO, LCB larry.robillard@usda.gov

Additional Reviews & Approvals

Signatures are required at each threshold up to the total estimated dollar value of the acquisition

Advocate for competition for the procuring activity (if over $750,000, but not exceeding $15 million). 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. If required, my approval constitutes clearance for submission to the Head of the Procuring Activity.

Mary A. Morris MASCO and Director, FS, PPS mary.morris@usda.gov mailto:david.haston@usda.gov mailto:larry.robillard@usda.gov mailto:mary.morris@usda.gov