A5_FAR 13.5 Brand Name Justification_Ammo.ds.pdf

United States Department of Agriculture Sole Source (Including Brand Name) Justification under

Simplified Procedures for Certain Commercial Items (FAR 13.5) Control No. (if applicable) ______________________

1. Identification of the agency and the contracting activity.

Requesting Agency:

USDA, APHIS, WS

National Feral Swine Damage Management Program 4101 LaPorte Ave Fort Collins, CO 80524

Contracting Activity:

USDA APHIS AAMD Contracting

250 Marquette Ave Suite 410 Minneapolis, MN 55401

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

The USDA proposes to enter a limited source brand-name, firm fixed-price contract with International Cartridge Corporation (ICC) for ammunition (ammo) using the simplified procedures for certain commercial items under Federal Acquisition Regulation (FAR) Part 13.5.)

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

USDA needs 139,682 rounds of super dense, non-toxic 3in 12ga 00 buckshot to be delivered to two of our offices. Amount ordered may be limited to the availability of funding, but USDA estimates the value to be approximately $6.30/round, totaling $880,000.

USDA requirements for non-toxic ammunition that meets safety and effectiveness standards are outlined below:

--12 Ga., 3” 00 Buckshot Non-toxic

--12 pellets per round --Non-frangible pellets weighing 2.75g per pellet or more. Frangibility will be evaluated based on mechanical compressive testing. While pellets may crack under pressure, they should not fragment into multiple pieces. On average, pellets should detent 0.1” under pressure between 800 lbs. and 1200 lbs. under standard laboratory testing.

--Minimum muzzle velocity 1325 FPS. Velocity at 50 yards 900 fps.

--Shotshells shall produce consistent patterns at 50 yards with a maximum 30” spread.

Shotshells will be evaluated with the manufacturers recommended choke.

--contractor shall provide test results from an accredited lab as part of their offer. WS reserves the right to validate test results.

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

41 U.S.C § 1901 - Simplified Acquisition Procedures up to $7.5 million, as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The requirement and specifications outlined above represent a custom non-toxic shotshell not found in the general marketplace at this time. What makes this a custom non-toxic shotshell load is the heavier 00 buckshot pellet weight and the pellet detent/frangibility properties.

The requirements for this non-toxic shotshell are based on the testing of various manufacturer 00 shotshell products conducted by USDA at the Southwest Research Institute, San Antonio, TX. The specific shotshell requirements were determined by USDA after analyzing the test results and field evaluation as meeting the agencies safety and human effectiveness standards.

At this time, ICC is the only manufacturer in the marketplace who’s non-toxic shotshell (12 Ga, 3” superdense, non-lead 00 buckshot) meets all of the specified USDA requirements. No other manufacturer has offered or provided a similar non-toxic shotshell for evaluation.

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

To maintain the safety, accuracy, and effectiveness standards required for aerial removal of feral swine, USDA requires vendors to complete independent, third-party tests to demonstrate ammunition specifications applicable to ammunition type and caliber (number of projectiles, material makeup of projectile, muzzle velocity, compression test results for frangibility, shot spread at 40/50 yds, drop at standard yard intervals, retained energy/velocity at standard yds, etc.).

Shotgun ammunition needs to meet specific requirements to be safe, effective and humane. Aerial removal consists of utilizing both fixed wing and rotary winged aircraft to fly over the animals at great speed and low altitude. In firing at the animals, it often occurs where the aircraft must fly in the direction of the shot thus flying into a possible ricochet scenario. Very specific specifications are required and tested in order to ensure the aircraft and crew are safe from deadly ricochets while at the same time providing proper penetration of thick animal hide and fat to ensure a lethal shot on the animal.

ICC met ammo specification certification to maintain the high standards required for human health and safety.

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

Anticipated cost to the Government is determined fair and reasonable on the basis of commercial pricing in the marketplace for similar ammunition and competition.

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

Previous testing confirmed that ICC is the only manufacturer in the marketplace who’s custom non-toxic shotshell (12 Ga, 3” superdense, non-lead 00 buckshot) meets all the specified USDA requirements. A review of numerous manufacturer websites and catalogs determined that none currently offer ammo meeting the required specifications. No other manufacturer has offered or provided a similar 00 non-toxic shotshell for evaluation.

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

This will be a brand name solicitation for ICC branded ammunition, competed as a small business set-aside under NAICS code 332992.

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

ICC

Delta 9 Supply A2Z Supply Corp

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 WS remains committed to fostering competition, particularly among small businesses. End-users continually evaluate the effectiveness of the required ammunition to meet mission requirements.

Certifications & Approvals

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

Bruce R Leland, Assistant State Director, USDA APHIS WS TX

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.

Amanda Barbosa Contracting Officer

Additional Reviews & Approvals

Advocate for competition for the procuring activity (if over $750,000). 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, I hereby approve this justification.

Larry Nelson Procuring Activity Advocate for Competition