Part 12 Over SAT JA ALBSC ds_Redacted.pdf

United States Department of Agriculture Justification to Restrict Competition FAR 12.102

Identification Number: 1167160

Rev. 11/6/2025

In accordance with the Revolutionary Federal Acquisition Regulation (FAR) 12.102 (b), the following justification documents the decision to restrict competition for this acquisition.

(1) Mission Area and Contracting Activity.

The United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Plant Protection and Quarantine (PPQ), in cooperation with Clemson University’s Department of Plant Industry (DPI) is contracting for tree removal and associated landscape restoration services in Hollywood, South Carolina. The USDA is working under the authority of the Plant Protection Act of June 20, 2000, as amended, Section 412 (a), 7 U.S.C.7712 (a) and the South Carolina Code of Laws, § 46-9-40.

Requesting Agency:

USDA, APHIS, PPQ, SC

4600 Goer Drive, Suite 104 North Charleston SC 29406

Contracting Activity:

USDA, APHIS

Acquisition and Asset Management Division (AAMD) Procurement Branch 920 Main Campus Dr Raleigh, NC 27611

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

In accordance with FAR 12.102(b), acquisitions for commercial services exceeding the simplified acquisition threshold require a written justification when competition will be restricted.

This justification supports the award of a contract on the basis of other than full and open competition under FAR 6.302-2, Unusual and Compelling Urgency, to facilitate the urgent removal of Asian longhorned beetle (ALB) host trees in South Carolina.

A new Asian Longhorned Beetle infestation was confirmed in December 2025 in Mount Pleasant, Charleston County, SC. Inspecting all host trees is a lengthy process—often taking months or even years—because every property must be fully surveyed before any removal can be authorized. Identifying an infested tree alone is not enough; we cannot issue removal work until the entire property inspection is complete. We have been working to issue removals immediately as each property’s inspection is finalized.

With adult beetle emergence imminent, immediate action is critical. Any delay in tree removal will sharply

Program. Prompt removal is essential to prevent infestation from spreading further.

Project Estimate and Period of Performance

Estimated number of trees: 3,426 Estimated acreage: 55 acres

Requested Period of Performance (POP)

Identification Number: 1167160

Rev. 11/6/2025

These costs are derived from past actuals related to program initiation and are deemed non-recoupable through competition.

(6) Provide a description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by Part 5 and, if not, which exception under Part 5 applies.

Due to the urgency of this requirement, publishing a competitive solicitation would cause harmful delays inconsistent with the USDA’s emergency response authority.

This justification will be posted publicly in accordance with FAR 6.305, providing visibility for future interested vendors to promote competition in subsequent procurements.

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

The Contracting Officer has determined that the anticipated cost is fair and reasonable based on a comparison with previous contracts for similar services under emergency conditions and a review of current market rates for comparable work. Price analysis confirms alignment with established cost benchmarks within APHIS programs.

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

Extensive market research was performed to identify alternate vendors capable of providing the necessary materials, technical support, and tree-removal services within the required timeframe.

Review of commercial tree removal and forestry service providers.

Analysis of prior USDA and state-level ALB contracts.

Consultation with PPQ subject matter experts.

Despite these efforts, no viable alternative sources were identified that could provide the specialized services needed within the emergency period without substantial performance risk or delay.

(9) Any other facts supporting use of other than full and open competition, such as:

The urgency of this requirement stems from biological constraints: adult beetle emergence is imminent, and failure to remove the host trees promptly will enable the pest to spread beyond containment boundaries, severely complicating eradication and increasing long-term costs. No additional facts beyond those presented are necessary to justify this award.

(10) A listing of the sources, if any, that expressed an interest in the acquisition in writing.

Identification Number: 1167160

Rev. 11/6/2025

A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition of the supplies or services required.

This justification will be posted on Contract Opportunities which will allow visibility for other prospective vendors to have familiarity of the acquisition and remove barriers for future procurements

(11) Certifications & Approvals

Technical / Requirements Personnel Certification I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Richard Giager Date Technical Personnel

Contracting Officer’s Certification I certify that the data supporting the recommended use of other than full and open competition accurate and complete to the best of my knowledge and belief.

Linda Washington Date Contracting Officer

Additional Reviews & Approvals

Competition Advocate (greater than $900,000 but not exceeding $20M).

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. If required, my approval constitutes clearance for submission to the Head of the Contracting Activity (HCA).

Howard Price Date Chief of the Contracting Office (COCO) Competition Advocate

RICHARD

GIAGER

Digitally signed by

RICHARD GIAGER

Date: 2026.04.02 14:29:52 -04'00'

LINDA

WASHINGTON

Digitally signed by LINDA

WASHINGTON

Date: 2026.04.02 15:18:30 -04'00'

HOWARD

PRICE

Digitally signed by

HOWARD PRICE

Date: 2026.04.14 16:25:07 -04'00'