JOFOC_-_Sole_Source__Brand_Name_Template_signed_JU.pdf

HANDOUT 6A – SOLE-SOURCE JUSTIFICATION TEMPLATE

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USDA, APHIS, MARKETING AND REGULATORY SERVICES

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

POLICY:

In accordance with FAR Parts 6.1 and 13.104, contracting officers must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase.

(a) The contracting officer must not—

Solicit quotations based on personal preference; or Restrict solicitation to suppliers of well-known and widely distributed makes or brands.

(b) If using simplified acquisition procedures, maximum practicable competition ordinarily can be obtained by soliciting quotations or offers from sources within the local trade area. Unless the contract action requires synopsis pursuant to FAR Parts 5.101 and

13.105 and an exception under FAR 5.202 is not applicable, consider solicitation of at least three sources to promote competition to the maximum extent practicable.

Whenever practicable, request quotations or offers from two sources not included in the previous solicitation.

Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited, and shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(SOLE OR SINGLE SOURCE)

In accordance with FAR Parts 6.1 and 13.104, this request for a noncompetitive acquisition is hereby submitted for consideration for acquisition approval.

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1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

Contracting Activity:

USDA, APHIS, MRPBS, ASD

Minneapolis Procurement Branch 250 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, VS, Cattle Health Program requests the following be acquired using a noncompetitive 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):

USDA APHIS Veterinary Services Cattle Health conducts an ongoing BSE surveillance program. Targeted cattle populations across the United States are identified and brain stem (Obex) samples are collected and submitted for testing at various NAHLN laboratories.

Due to the nature of the beef and dairy industry, these samples are typically identified by FSIS inspectors at various slaughter facilities. Most slaughter facilities hire a third party rendering service to handle condemned and 3D/4D animals. These third party renderers have exclusive access to the animals targeted for sample collection unless USDA staff have the capacity to collect the samples themselves.

Of the 26 vendors currently providing the service, only one vendor, Darling International, is a large business. Darling International does not contract out their rendering services to a third party. Due to these circumstances, the only viable option for obtaining these samples from Darling International slaughtered animals is to contract with Darling International, a Large Business.

The estimated price of this requirement is around $375,000 per year for 5 years. As an IDIQ contract, the ceiling would be set at $3,000,000. This estimate is based on historical prices paid. The pricing is anticipated to be fair and reasonable based on prices paid to the other small business vendors providing this service for the rest of the U.S.

4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

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NONCOMPETITIVE ACQUISITIONS:

The BSE Sample collection requirement has been set aside exclusively for small business.

We believe additional small business sources may be located in the future, however, no such sources are anticipated to have access to the Darling International Slaughter plants.

For this reason, we are contracting on a sole source basis with Darling International using the authority granted at 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

Darling International Plants are critical to meeting the BSE surveillance program current sample target of 25,000 samples per year. Darling has plants in Nebraska, Kansas and Iowa. There are no alternative commercial vendors in this state as indicated by USDA District offices.

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:

The BSE sample collection program utilizes multiple streams to obtain BSE samples. The vendor contracts contribute the majority of the programs samples. The program and the Contracting Officer are continually seeking new sources for BSE samples. In the event small business contractors are located in the state’s the Darling International Slaughter facilities reside in, priority for order placement will be given to those small business vendors. We will likely always rely on the Darling plants for a portion of these samples as they are in the top 30 of our targeted facilities list, however it is our hopes to reduce this reliance over time.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

Darling International’s historical pricing has been fair and reasonable based on comparison of pricing provided by vendors servicing slaughter plants across the country.

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:

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USDA District Offices maintain records of all Beef processing facilities located in each State. This knowledge of the marketplace identifies Darling International as high priority plants.

It is imperative to the BSE surveillance program that we continue to collect samples from these high priority plants. A long-term solicitation open for one year remains on FBO.gov in the hopes of locating small business sources that service any of the United States. No sources that would justify losing the Darling Facility sample streams have yet been located. District Offices have indicated there are no large or small business facilities that serve the same area as Darling International.

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

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

N/A

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

INTEREST IN THE ACQUISITON:

N/A

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:

Program anticipates increasing fee based agreements with state veterinarians which would decrease the number of samples required from the Darling International plants.

Such agreements will likely never eliminate the need to contract with this large business so long as the BSE surveillance program requires 25,000 samples per year.

12. I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS

JOFOC IS ACCURATE AND COMPLETETOTHE BEST OF MY

KNOWLEDGE AND BELIEF.

Robert Zeglin Date Jose Urdaz Date Contracting Officer Program Manager Minneapolis Procurement Branch BSE Surveillance Ft. Collins