BNJ_-_VectoMax_WSP.pdf

J&A Other Than Full and Open Competition Rev. 2/5/2016

Justification &Approval (J&A)

Justification For Other Than Full And Open Competition 41 U.S.C. 3304

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the

Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR

6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security, Federal

Emergency Management Agency, Office of Procurement Operations, proposes to enter into a purchase order on an other than full and open competition basis.

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

(a) Type of action: Fixed Price Purchase Order

(b) Amount: $487,000.00

(c) Type of funding: Hurricane Maria Disaster Funds

(d) Year of funding: 2018

(e) Other brief descriptive words and phrases: FEMA intends to procure on a brand name basis VectoMax WSP. The brand name is the only one that is EPA registered.

3. Description of Supplies/Services.

The requirement is to procure VectoMax WSP dunks for St. Croix for a total cost of

$487,000.00. This larvacide is needed to stop the increase of disease spread by mosquitos in

St. Criox.

4. Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) pursuant to FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the nature of the acquisition require use of the authority cited.

In the aftermath of Hurricane Maria, much of the population is without proper housing. The treat of mosquito borne diseases is high and the need for a mosquito larvacide dunk is required to prevent the spread of these diseases. Additionally, FEMA has the need for a larvacide that can be put into standing water where mosquitos are known to surround in order comabt the spread of disease. The CDC was consulted in determining what is needed to stop the spread of disease. The Centers for Disease Control and Prevention (CDC) serves as the national focus for developing and applying disease prevention and control, environmental health, and health promotion and health education activities designed to improve the health of the people of the

United States. VectoMax WSP is the only EPA registered larvacide dunk. Additionally, VectoMax is the only larvacide that combines the two active ingredients, Bacillus thuringiensis israelensis (BTI) and Bacillus (Lysabacillus) sphaericus. It targets both vector viruses Aedes aegypti and Culex quinquefasciatus. VectoMax is the only combination product registered by

EPA. The sachet product is the only hand delivery formulation registered by EPA on the market with both active ingredients. Other larvacide dunks will not work because they only have one of the required active ingredients and unable to target both viruses prevalent in St.

Croix. FAR 6.302-1 applies to this requirement because VectoMax WSP is the only brand with the proven ability to target both viruses carried by mosquitos on the island. Without this product, the population of St. Croix would be left open to contracting mosquito viruses such as malaria, West Nile and Zika viruses, among others.

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

FEMA intends to make the justification publically available pursuant to FAR 6.305 and FAR

5.102(a)(6) on FedBizOpps on October 26, 2017.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Use information such as commercial pricelists or prior acquisition history that will help the Contracting Officer determine the anticipated cost is fair and reasonable or you may discuss the application of any of the techniques described at FAR 15.404-1.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on previous acquisitions by other government agencies and departments as well as price lists.

8. Description of market research. Market Research is required by FAR Part 10, HSAM

3010, and the DHS Market Research Guide. Describe the results of your market research or provide a statement of the reason why market research was not conducted. (The market research should support the statutory authority cited in paragraphs 4 and 5).

The internet was searched for contractors that could provide the VectoMax WSP products.

The market research showed that there are multiple distributors of the product.

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

If VectoMax is not acquired, the Government would have to buy multiple larvacides in larger quantities to do what this product can to be able to protect against these life-threatening viruses.

Additionally, no other product is registered by the EPA.

Looking at different products on the internet, it has been estimated that it would cost the

Government 50% more to acquire enough of both active ingredients to target the classes of mosquitos carrying the viruses prevalent in St. Croix.

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

No additional sources have proposed an alternative product capable of doing the same as the VectoMax WSP.

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

Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service.

FEMA will continue to look for products capable of targeting the different classes of mosquitos on the islands and monitor the products registered with the EPA and approved by the CDC to increase competition.

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

Contracting Officer Date

12. 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.

Technical Representative/COR Date

APPROVAL:

Contracting Officer: Not exceeding $700K Date

And any determination and justification for a contract awarded under FAR

6.302-7, Public Interest, regardless of dollar amount.