A04 Attachment 5 FAR 13 under SAT Limited Sources cp signed.pdf

AOP No. 5, J&A-Other Than Full & Open Competition- Attachment 5 (Feb. 26, 2020)

Limited Source/Brand Name Justification United States Department of Agriculture

FAR 13.106-1(b)(1) – Simplified Acquisitions

1. Identification of the agency and the contracting office.

United States Department of Agriculture, Departmental Administration, Office of Contracting and Procurement, Procurement Operations Division, 301 S. Howes Street, Suite 321, Fort Collins, CO 80521.

2. Description of supply or service required to meet the agency’s needs.

This project aims to assist regional and international organizations active in the field of public research on modern biotechnology with participation in Conferences and Meetings of the Parties (COPMOPs) to the Convention on Biological Diversity (CBD) and its protocols, as well as with incorporation of the outcomes of COPMOPs in national systems. This work provides an important coordinating function to complement work being funded by USDA and managed by FAS-TPGA-New Technologies and Production Methods Division (NTPMD).

3. The rationale or circumstances for limiting competition.

Biodiversity Law Consult LLC is uniquely positioned to provide this support through its sole focus on biodiversity, its long-standing experience of international environmental agreements relevant to biotechnology and through its existing work relationship with Dr. Piet van der Meer in various USDA- FAS projects. Dr. van der Meer is the only consultant currently active in global consultations, participation for over 15 years in attending and participating at the Convention on Biological Diversity (CBD) Conferences of the Parties (COPs), and his prior experience as a biotechnology regulatory place him as the only available contractor with access to key policy makers on all regions in which the work will be conducted (Latin America, Asia, Africa and Europe). Addtionally, Biodiversity Law Consult LLC has been building the product being presented this year which is propriatray to Law Consult LLC.

The order must be issued as a sole source-basis in the interest of economy and efficiency because it is a logical follow-on to an orders already issued to Biodiversity Law Consult LLC by the USDA.

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

NTPMD has long-standing relationships with implementing partners to conduct this work, including the Inter-American Institute on Cooperation in Agriculture (IICA), African Union Development Agency— African Biotechnology Network of Experts (ABNE), and International Service for the Acquisition of Agri-Biotech Applications (ISAAA) to conduct the primary work supported by this contract. Each partner has a regional scope, and is therefore not equipped to coordinate activities across different regions. Each partner has indicated that Biodiversity Law Consult LLC is in the best posistion for providing services focused on biodiversity and inter-regional coordination.

5. Estimated price, including all options, if applicable.

The estimated value is $40,000.00.

6. Recommended source(s).

Biodiversity Law Consult LLC

AOP No. 5, J&A-Other Than Full & Open Competition- Attachment 5 (Feb. 26, 2020)

Certifications

Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification are accurate and complete to the best of my knowledge.

Chris Peterson Science Advisor

The information contained in this justification is accurate and complete to the best of my knowledge and belief and in accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine the circumstances described above deem only one source, or limited sources, reasonably available and competition is precluded for the reasons indicated in this document.

James B. Edington Contracting Officer