FAR 6.302_Justification for Other Than Full Open Competition-6-20-24.pdf

United States Department of Agriculture Justification for Other than Full and Open Competition

Federal Acquisition Regulation (FAR) Part 6.3 Control No. (if applicable) ______________________

1. Identification of the agency and the contracting activity.

Agency Name

USDA, APHIS, PPQ

1400 S. 24th S W, Ste 8A Billings, MT 59102

Contracting Activity USDA MRP AAMD Acquisition 250 Marquette Avenue, Suite 410 Minneapolis, MN 55401-2329

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

USDA APHIS PPQ intends to issue modification 1 to IDIQ Contract No. 12639524D0040 to increase contract ceiling from $1M to 2.5M with Crop Dusters, LLC.

The contract has one base year and one option year. The contract was award on 5/23/24 for Aerial Treatment of Grasshopper in the counties of Prairie, Custer, Garfield, Rosebud Counties of Montana. Due to unforeseen infestations of Grasshopper in these counties, the program has quickly reached the contract ceiling and while they anticipate additional treatments will be required.

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

Aerial treatment services includes all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary for applying grasshopper treatments in multiple regions in Montana. The out of scope change due to increase in programs needs is $1.5 million for the base year and one option year.

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

(Choose the authority that justifies use of other than full and open competition. Additional detail is to be provided in paragraph 5.)

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

5. Supporting rationale demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

An ongoing grasshopper outbreak in several counties of Montana is denuding vegetation utilized by wildlife, impacting water quality, and causing immediate economic losses to agricultural producers for a 2nd and in some cases 3rd year in a row. The APHIS Rangeland Grasshopper Management Program is required by PPQ law to provide assistance when requested to suppress such outbreaks.

In Montana a checkerboard of private, state, federal and tribal land requires that a complex partnership is set up in order to treat areas sufficient in size to have a positive economic impact.

Unfortunately, Grasshopper biology allows for a limited treatment window, especially with the ecologically preferred pesticide that is required to be used. The pesticide is only effective on immature insects, not adults. This window typically lasts only one month per year during the time the grasshoppers hatch and matures. If we wait to compete and issue a new contract the treatment would not work and Montana vegetation will be greatly affected.

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

This requirement was originally competed and solicited on www.SAM.gov. After reviewing the quotes received an award was made to Crop Duster.

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

The anticipated cost the government is fair and reasonable since the rate for services remains the same. The only change is in the quantity and contract ceiling of the IDIQ contract.

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

Market Rsearch was not conducted for this contract modification since market researh was performed previously and the requirement was competed on SAM.gov.

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

N/A

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

N/A

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

USDA APHIS will assure that the next contract is competed in the open market and solicitation requirements take into account unforeseen infestations to prevent out of scope changes like this.

http://www.sam.gov/

Certifications & Approvals

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

Gary Adams State Plant Health Director, Montana

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.

Kim Yen Tu Contracting Officer

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.

Larry Nelson Procuring Activity Advocate for Competition