A5 Justification.pdf

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USDA, APHIS, MARKETING AND REGULATORY SERVICES

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

(SOLE OR SINGLE SOURCE)

In accordance with the authority granted under FAR Part 13and FAR Part 6, this request for a noncompetitive acquisition is hereby submitted for consideration for acquisition approval.

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA, APHIS, PPQ, TX STATE OFFICE, FIELD OPERATIONS

Contracting Activity:

USDA, APHIS, MRPBS, ASD

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

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Due to the circumstances described below, the APHIS, Plant Protection and Quarantine (PPQ), Mexican Fruit Fly (MFF) Eradication Program requests the following be acquired using a noncompetitive procurement in support of program mission requirements.

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

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

Item Required: Spinosad (GF-120® NF Naturalyte® Fruit Fly Bait)

Currently, there are 631square miles under quarantine involving 6,649 acres of commercial citrus. The eradication of Mexican fruit flies in South Texas will be administered as a cooperative effort between APHIS, and the Texas Department of Agriculture officials.

APHIS’ cooperative Mexfly programs in Texas use well-established procedures and treatments. The proposed program for Mexfly host plants will be conducted by APHIS-approved personnel on quarantined property using chemical formulations and ground-based treatment protocols approved by APHIS.

Spinosad ground-based treatment to Mexfly-host plants 500 meters around all fly finds will be repeated every 7 to 10 days in the Quarantined Area. Used in conjunction with bait sprays targeted at the detection sites, sterile fly release has been successful in eradicating Mexfly from Texas Counties (APHIS, 2010). Sterile insect technique will be bcrowther Page 2 6/11/2020 continued at the rate of 900 flies per acre to achieve quarantine-protocol density over the regulated area.

An APHIS Mexfly eradication program can include ground applications of either malathion or spinosad bait. Where Mexfly larvae are found, eradication treatments may employ foliar sprays to host plants. Foliar applications, which are applied up to a 500-meter radius around an infested property, may consist of spinosad or malathion protein bait formulations which are applied with hydraulic spray or hand-spray equipment. The applications are to be repeated at 6- to 14-day intervals (APHIS, 2003, 1999, 1998a, 1998b). Please see the “Mexican Fruit Fly Cooperative Eradication Program, Lower Rio Grande Valley, Texas, Environmental Assessment April 2015” for further information.

The LRGV’s (Lower Rio Grande Valley’s) site-specific characteristics were considered with respect to the program’s potential to affect human health, nontarget species (including threatened and endangered species), and environmental quality. Potentially sensitive areas have been identified, considered, and accommodated through special selection of control methods and use of specific mitigation measures. Malathion is primarily used by commercial growers on private property. GF-120 Spinosad Naturalyte Fruit Fly Bait attracts and controls multiple species of tephritid fruit flies.

This product is labeled as organic and of the two products authorized under the current APHIS Fruit Fly protocols, Spinosad is considered the preferred method of treatment by APHIS since 99% of the treatments done by the program are applied to residential properties. Spinosad is used because of its low environmental impact on the general public, their children, pets and non-target species. In addition to the potential impacts on environmental quality, human health, plant and animal species, APHIS considered potential impacts to other aspects of the human environment, such as sensitive historic and cultural sites and local residents.

In the past, Spinosad (GF-120® NF Naturalyte® Fruit Fly Bait) has been purchased in 55 gallon drums through IAS and in 1 gallon containers through the purchase card system.

Purchasing through IAS has been difficult for the program because of the amount of time that it takes to get the sole source justification approved and for the contracting officers to make the purchase. Time is of the essence during a quarantine in getting the product in a timely manner. Purchasing Spinosad in 1 gallon containers limits the purchaser from buying over the purchase card threshold leading to multiple, frequent purchases during a quarantine situation.

The program plans to order a minimum of 60 gallons at the start of each fiscal year during the contract period and more as needed each spring depending on the declaration of a quarantine in a six county area in South Texas.

Dow Chemical holds the patent on Spinosad and there are no equivalents. It is a matter of finding local suppliers.

4. IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

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FAR 6.302-1( c) Only one responsible source and no other supplies or services will satisfy agency requirements. Brand name product is the only product that will meet the Agency’s need.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

Dow Agrosciences holds the patent on GF-120® NF Naturalyte® Fruit Fly Bait and there are no organic equivalents approved by APHIS at this time.

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:

GF-120® NF Naturalyte® Fruit Fly Bait is a brand name product however Dow does have distributors. This solicitation will be posted on fbo.gov. Notice of brand name description will be posted with the solicitation.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

While this is a brand name product, the solicitation will be posted on FBO.GOV so that supplier s able to provide the product will be able to quote on the requirement. This acquisition will be competed.

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:

The program has made repeated purchases of the brand name product and has found a number of vendors available that supply the product, however as stated above, no other product will satisfy the agency’s needs.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL

AND OPEN COMPETITION - FAR 6.303-2(a)(9):

As stated above, this is the only product available that will need the government’s needs.

10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITON:

No other manufacturers have indicated that they supply this product.

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,

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EQUIPMENT, OR SERVICES REQUIRED:

The program is always available to consider new products as they come to market. If any new products are available that can meet the need the program is willing to evaluate the item if information is presented. The program is unaware of any other product at this time that will satisfy the agency’s requirement.

12. I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS

JOFOC IS ACCURATE AND COMPLETETOTHE BEST OF MY

KNOWLEDGE AND BELIEF.

(Certification requires the signature of the contracting officer and program manager, and shall include the date)

Patricia Simon Date Guadalupe Gracia Date Contracting Officer Minneapolis Procurement Branch MFF Coordinator, Harlingen, TX