Justification and Approval - Hazardous Tree Removal (signed).pdf

Justification & Approval Natural Resources and Environment (NRE) Mission Area

United States Department of Agriculture Federal Acquisition Regulation (FAR) 13.5, 41 U.S.C. 1901

1. Identification of the agency and the contracting activity.

USDA Forest Service, Procurement & Property Services, National Procurement Operations, National Contracts Branch.

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

The Klamath National Forest intends to enter into an other than full and open competition, negotiated sole source, firm fixed-price contract with Jim Johnson Logging, Inc. a small business.

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

The Klamath National Forest has an urgent and compelling need to remove hazardous trees that have been damaged due to fire. Due to limited availability of personnel and equipment, an increased pay rate is required as an incentive to get the time sensitive work done quickly, especially as we get into fire season and we will be competing with large fires for this equipment and personnel. The cost for services to address this urgent and compelling need is estimated at $3,710,647.50 with a period of performance of 75 calendar days.

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

41 U.S.C. 3304(a)(2), as implemented by FAR 6.302-2, titled "Unusual and compelling urgency."

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

The Klamath National Forest has an urgent and compelling need to remove hazardous trees posing an imminent threat to employee and visitor safety. These hazardous trees and branches are located in high traffic areas along Grayback Road in Happy Camp California that is utilized by employees, visitors, and local businesses, exposing them to serious safety risks and bodily harm. Grayback road is vital to commerce in the Happy Camp area and the communities downriver including the Hoopa Indian Reservation. Log truck traffic normally passes over the Gayback road en route to the Roseburg area. Alternate routes to Roseburg would add significant travel time; resulting in an increased cost for hauling and economic loss and hardship for the Hoopa Tribe and timber purchasers. The hauling of contaminated debris from the cleanup of homes burned in the Slater Fire has also been significantly impacted by the closure of the Grayback road, adding substantial additional costs to the State of California and FEMA for the additional travel time. Tourism is also heavily impacted as safe travel over Grayback is not possible until the hazardous trees are removed.

continues to result in significant economic loss to communities on both sides of the Grayback road as tourism is vital to local economies that have been struggling for decades.

Citizens of Happy Camp call the Forest Service multiple times a day asking about the status of the Grayback road; many citizens have reached out to the Siskiyou County Board of Supervisors and their local congressional representatives to push for the road to be immediately opened for the reasons mentioned above. There is additional concern that the longer the road stays closed during fire season, the more the citizens of the local community are at risk as Grayback is a critical ingress and egress route in the event of an emergency. Additionally, should there be an emergency on the Oregon side of Grayback, those citizens also utilize Grayback road as a critical ingress and egress route in the event of an emergency where highways may be impacted or closed. Forest Service employees and contractors also face serious safety risks and great bodily harm when traveling the Grayback road for project work including restoration work associated with the Slater Fire.

Employees and contractors for Pacific Power and Light are also exposed to serious safety risks and bodily harm the longer the hazardous trees stand as they have additional cleanup work associated with the Slater Fire and continued and ongoing routine maintenance of line 33 which connects Happy Camp and Cave Junction.

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

A synopsis was not submitted through Contract Opportunities (Beta.Sam) in accordance with FAR 5.202(a)(2), “The contracting officer determines that – The proposed contract action is made under the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.”

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

. The Contracting Officer will negotiate a fair and reasonable fixed price for the required services.

An evaluation will be completed by review of the Independent Government Estimate, previous prices paid, and/or established pricing or price lists. Should this information not be provided or readily available, price analysis techniques IAW FAR 15.404-1(b) will be used to determine prices fair and reasonable.

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 GSA Advantage, and the Small Business Administration (SBA) at DSBS.SBA.gov and a “Sources Sought” was published when the requisition was assigned.

Market research revealed limited sources available on GSA within a reasonable geographic range of the Klamath National Forest and more than three (3) vendors using key words and appropriate NAICS code for this requisition on SBA, as well as limited responses to the Sources Sought.

However, as market research was being conducted, developing conditions have identified this requirement as an urgent and compelling need due to the emergent nature of this service and taking into consideration the direct safety risks of employees and visitors. As a result, it is hereby determined that it is in the best interest of the Government to procure this service as a sole source award to Jim Johnson Logging, Inc., to minimize the risk of bodily injury to employees and visiting public, and to maintain a safe environment.

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

Market research was conducted to determine whether there were vendors who offered similar services to meet the hazardous tree removal needs of the Klamath National Forest. Due to the urgent and compelling need, and the direct safety risks to Klamath National Forest employees and visitors, it is in the Government’s best interest to negotiate and award a sole source contract to Jim Johnson Logging, Inc., in order to mitigate the harmful nature of this urgent requirement.

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

A “Sources Sought” notice was issued during the market research phase of this procurement, resulting in five (5) industry submitted capability statements. However, these vendors were unable to be considered due to unforeseen developments exacerbating the urgent nature of the requirement.

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

Future needs by the Klamath National Forest for hazardous tree removal will be assessed to allow ample time for acquisition planning and competitive solicitation and award of an indefinite delivery contract or Blanket Purchase Agreement.

Certifications & Approvals

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

Roberto Beltran District Ranger

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.

Matthew Cox Contracting Officer

Additional Reviews & Approvals

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, I hereby approve this justification.

Chantel Smith Mission Area Advocate for Competition