JOFOC_Brand_Name_ECFF_signed.pdf

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USDA, APHIS, MARKETING AND REGULATORY SERVICES

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

(Brand Name)

In accordance with the authority granted under FAR Part 13and FAR Part 6, this request for a noncompetitive acquisition is hereby submitted for consideration for acquisition approval.

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA, APHIS, PPQ, NY STATE OFFICE, FIELD OPERATIONS

Contracting Activity:

USDA, APHIS, MRPBS, ASD

Minneapolis Procurement Branch Marquette Plaza 4th Floor 250 S. Marquette Ave Ste 410C Minneapolis, MN 55401

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Due to the circumstances described below, the APHIS, Plant Protection and Quarantine (PPQ), European Cherry Fruit Fly Program requests the following be acquired using a brand name procurement in support of program mission requirements.

3. A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

Item Required: Spinosad (GF-120® NF Naturalyte® Fruit Fly Bait)

Currently, there are 91.45 square miles (58,530 acres) inside the proposed European Cherry Fruit Fly quarantine. This area could change if new flies are detected in 2018.

Wild honeysuckle is plentiful in the area, and several other hosts are common on private properties. The suppression/containment of ECFF in New York will be conducted by

APHIS.

APHIS’ European Cherry Fruit Fly (ECFF) programs in New York use established procedures and treatments consistent with other fruit fly programs. The proposed treatment program of ECFF host plants will be conducted by APHIS-approved personnel within the proposed quarantine area using formulations and ground-based treatment protocols approved by APHIS.

Spinosad ground-based treatments to ECFF-host plants 200 meters around all fly detections will be repeated every 7 to 10 days in the Proposed Quarantined Area.

The APHIS ECFF containment/suppression program can include ground applications of either Malathion or Spinosad bait. The program has made a determination to only use

Page 2 5/8/2018 the Spinosad bait, a bio-pesticide, because treatments will occur on private property within 200 meters of a fly detection Foliar applications, which are applied to a 200-meter radius around an infested property, may consist of Spinosad bait formulations which are applied with hydraulic spray or hand-spray equipment. The applications are to be repeated at 7-10-day intervals, consistent with other fruit fly programs. Please see the “European Cherry Fruit Fly Cooperative Control Program Niagara Area, New York, Environmental Assessment, April 2018” for further information.

https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/sa_environmental_assessments/ct_fruitfly

The ECFF, NY site-specific characteristics were considered with respect to the program’s potential to affect human health, nontarget species (including threatened and endangered species), and environmental quality. Potentially sensitive areas have been identified, considered, and accommodated through special selection of control methods and use of specific mitigation measures. Malathion may be used by commercial growers on private property, but APHIS will not supply it. GF-120 Spinosad Naturalyte Fruit Fly Bait attracts and controls multiple species of tephritid fruit flies. This product is labeled as organic and of the two products authorized under the current APHIS Fruit Fly protocols , Spinosad is considered the preferred method of treatment by APHIS since 99% of the treatments done by the program are applied to residential properties. Spinosad is used because of its low environmental impact on the general public, their children, pets and non-target species. In addition to the potential impacts on environmental quality, human health, plant and animal species, APHIS considered potential impacts to other aspects of the human environment, such as sensitive historic and cultural sites and local residents.

Dow Chemical holds the patent on Spinosad and there are no equivalents. It is a matter of finding local suppliers.

4. IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

FAR 6.302-1(c) Only one responsible source and no other supplies or services will satisfy agency requirements. Brand name product is the only product that will meet the Agency’s need.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

Dow AgroSciences holds the patent on GF-120® NF Naturalyte® Fruit Fly Bait and there are no organic equivalents approved by APHIS at this time.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS, OR WILL BE, PUBLICIZED AS

REQUIRED BY FEDERAL ACQUISITION REGULATION (FAR) SUBPART 5.2,

AND IF NOT, WHICH EXCEPTION UNDER FAR 5.202 APPLIES:

https://www.aphis.usda.gov/plant_health/ea/downloads/2018/european-cherry-fruit-fly-niagara-newyork-ea.pdf https://www.aphis.usda.gov/plant_health/ea/downloads/2018/european-cherry-fruit-fly-niagara-newyork-ea.pdf https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/sa_environmental_assessments/ct_fruitfly https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/sa_environmental_assessments/ct_fruitfly

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GF-120® NF Naturalyte® Fruit Fly Bait is a brand name product however Dow has distributors. This solicitation will be posted on fbo.gov with brand name requirement.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

Solicitation will be posted on FBO.GOV, this acquisition will be competed.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR

PART 10) AND THE RESULTS, OR AN EXPLANATION OF THE REASON

MARKET RESEARCH WAS NOT PERFORMED:

Market research shows a number of vendors available that supply the product.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL

AND OPEN COMPETITION - FAR 6.303-2(a)(9):

As stated above, this is the only product available that will need the government’s needs.

10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITON:

No other manufacturers have indicated that they supply this product.

11. A STATEMENT OF THE ACTIONS, IF ANY. THE AGENCY MAY TAKE

TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES,

EQUIPMENT, OR SERVICES REQUIRED:

The program is always available to consider new products as they come to market. The program is unaware of any other product at this time that will satisfy the requirement.

12. I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS

JOFOC IS ACCURATE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE AND BELIEF.

(Certification requires the signature of the contracting officer and program manager, and shall include the date)

Bob Zeglin Date Mafalda Weldon Date Contracting Officer Program Manager Minneapolis Procurement Branch Penfield, NY