A5 Draft Thatcher Sole Source(s).pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

In accordance with the authority granted under FAR Part 6, this JOFOC is completed (FAR 6.303-2), approved (FAR 6.304) and made public (FAR 6.305)

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA, APHIS, Wildlife Services 4700 River Road, Unit 87 Riverdale, MD 20737

Contracting Activity:

USDA, APHIS MRPBS, ASD

Minneapolis Procurement Branch 250 Marquette Ave, Suite 410 Minneapolis, MN 55401

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

a. Type of Action: The Pocatello Supply Depot would like to establish a 5 year BPA for Sodium Nitrate Prills, Borax 10 mol Granular, Fullers Earth Powder( Aka Calcium Bentonite)

b. Type of Funds: In support of Pocatello Supply Depot

c. Estimated Acquisition Value: $55,000 per year or $275,000 for 5 years

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

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

The Pocatello Supply Depot manufactures several bait products used to control nuisance pests. Borax Granular, Sodium Nitrate Prills, and Fullers Earth Powder(AKA Calcium Bentonite). are necessary raw material in the production of bait products that are specific for ground squirrels, prairie dogs, marmots, coyotes, fox and skunks. These animals can threating crop production, livestock, and human health and safety.

The contractor shall deliver orders to the Pocatello Supply Depot Within one (1) to Four (4) weeks after the order has been placed. All orders must be on an "as needed bases". The contractor shall ship partial order if unable to fill entire order.

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1. Fullers Earth Powder (AKA Calcium Bentonite) – 9,000lbs

2. Borax 10 mol granular ( Sodium Tetraborate Decahycrate) – 8,000 lbs

3. Sodium Nitrate Prills – 42,000 lbs

Quantities are maximum quantities per year.

4. IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

FAR 6.302-5 Authorized or required by statute.

The agency’s need for the Thatcher brand name for authorized resale is in accordance with the CSF (Confidential Statement of Formulation) on file with the EPA. According to CFR 40 §158.325 Description of materials used to produce the product, the name and address of the producer/supplier of the ingredient is required. Changes of the SOURCE of an active ingredient to an unregistered source is NOT ALLOWED.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

PSD (Pocatello Supply Depot) uses the Borax Granular, Sodium Nitrate Prills, and Fullers Earth Powder in the manufacturing of denning and rodent Gas Cartridges.

EPA registration Number 56228-2, 56228-21, 56228-61 and 56228-62. In accordance with CFR 40 Part 158, the PSD must follow the CSF when manufacturing the product.

On the CSF it states that the mentioned material will be supplied by Thatcher Company LLC. So in an effort to follow EPA regulations the mentioned supplies must be purchased from Thatcher Company LLC.

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:

Due to PSD following EPA regulations, CFR 40 §158.325 and using the supplier as described on the CSF, there is only one source able to supply the materials.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

The Contracting Officer will compare quoted pricing from other commercially available price data.

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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 was performed by the program and the contracting office.

Market research found that there are over 400 small businesses operating under the same NAICS code. An internet search found several vendors with the materials for sale and their listed pricing. The file is documented with a copy of the CFR 40 §158.325 along with the CSF documenting the statute authority and EPA required supplier.

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:

No other Sources have expressed interest.

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:

Due to the statute and the listed supplier on the CSF, no actions could be taken at this time.

12. TECHNICAL REQUIREMENTS CERTIFICAITON:

I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS

JOFOC IS ACCURATE AND COMPLETETOTHE BEST OF MY

KNOWLEDGE AND BELIEF.

Jeremy Pouliot Date Patrick Darrow Date Contracting Officer Program Manager

Pocatello Supply Depot