Final_J A_Wash_Tunnel_Testing_AG-6395-S-16-0135.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(SOLE OR SINGLE SOURCE)

In accordance with the authority granted under 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, VS, STAS

Office of STAS Interagency Coordination

4700 River Road, Unit 41

Riverdale, MD 20737

Contracting Activity:

USDA, APHIS, MRPBS, AS

Butler Square, Fifth Floor

100 North 6th Street

Minneapolis, MN 55403

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Due to the circumstances described below, the APHIS, Veterinary Services, STAS, OSIC, Depopulation, Disposal, and Decontamination (3D) Program request the following be acquired using a noncompetitive procurement in support of program mission requirements to respond to animal disease outbreaks as efficiently as possible.

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

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

APHIS has a need for a non-freezing portable vehicle wash tunnel for cleaning and disinfecting vehicles associated with response to foreign animal diseases potentially affecting the US, such as highly pathogenic avian influenza which recently devastated the US poultry industry. APHIS, the lead federal agency for responding to animal disease outbreaks, is leading this effort to comply with the Animal Health Protection Act, which requires USDA, States, herd veterinarians and producers to collaborate to manage diseases in a manner that supports business continuity for commercial meat producers and maintains a plentiful supply of meat for consumers. This acquisition addresses the basic requirement that animal health officials develop and implement a reasonable management plan to address foreign animal diseases and prevent their spread. A critical element in preventing pathogen spread is cleaning and disinfecting (C&D) all vehicles entering and exiting potentially infected areas, which is addressed by this procurement request.

Manual C&D is time-consuming and labor intensive, resulting in high costs and time delays.

Use of existing commercial car/truck washes requires the potentially contaminated vehicle to

Page 2 7/26/2016 travel away from the affected premises to the station, thus introducing additional risk of pathogen spread. A portable, non-freezing, automated wash station deployed near infected areas would minimize labor costs, reduce delays, and minimize tracking of pathogens away from affected premises.

The US Department of Homeland Security (DHS), Science and Technology Directorate, funded a Small Business Innovation Research (SBIR) project in 2012 to develop a non-freezing portable vehicle wash tunnel to help protect critical agricultural infrastructure with the intent of transferring the technology to USDA and other stakeholders to improve response capabilities. A full-scale prototype of the wash tunnel was tested in October 2014 in Alabama and again in

January 2015 in Wisconsin. The prototype was found to be effective relative to speed of deployment and ability to wash vehicles of varying sizes and complexity in cold weather conditions. The tests resulted in suggestions from observers to improve the prototype prior to further deployment and long-term testing.

If, as a result of long-term testing in the field, APHIS wishes to procure such units for the

National Veterinary Stockpile, appropriate open acquisition processes will be followed, as appropriate, at that time.

Therefore, APHIS wishes to use available DHS funds to perform the following activities.

Tasks

Task 1 Deliver and operate wash tunnel in Ames, Iowa for one week in winter

Task 2 Deliver wash tunnel to Auburn, Alabama for one-year test

Task 2 Operate wash tunnel for one year

Task 2 Deliver test and evaluation report to PM and COR

Task 3 Cost analysis report comparing chemical versus other methods of disinfection do not require rising (so as to limit waste water production)

Task 4 Prepare and submit draft report on wash tunnel outcomes for comment

Task 4 Prepare final report, responding to any comments from DHS and USDA

The estimated price of this requirement is approximately $250,000 to perform the above-listed tasks. This estimate is based upon the history of costs for similar work throughout the development process. The contract will also have an optional line item for any improvements necessary as a result of the testing process. The optional quantity line item will be written as a

Not to Exceed price of $275,000.00.

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4. IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(5) pursuant to FAR 6.302-5, Full and open competition need not be provided for when (i) A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source.

In accordance with the SBIR Program Policy Directive, dated February 24, 2014, “The competition for SBIR Phase I and Phase II awards satisfies any competition requirement of the

Armed Services Procurement Act, the Federal Property and Administrative Services Act, and the

Competition in Contracting Act. Therefore, an agency that wishes to fund an SBIR Phase III project is not required to conduct another competition in order to satisfy those statutory provisions. As a result, in conducting actions relative to a Phase III SBIR award, it is sufficient to state for purposes of a Justification and Approval pursuant to FAR 6.302-5, that the project is a

SBIR Phase III award that is derived from, extends, or completes efforts made under prior SBIR funding agreements and is authorized under 10 U.S.C. 2304(b)(2) or 41 U.S.C. 3303(b).

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

Because the prototype wash tunnel was developed under SBIR funding agreements, and the product is a unique prototype protected under SBIR, there is only one source from which this requirement may be satisfied, and which meets the factual test for the use of the exception cited above.

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:

The competition for SBIR Phase I and Phase II awards satisfies any competition requirement of the Armed Services Procurement Act, the Federal Property and Administrative Services Act, and the Competition in Contracting Act. Therefore, an agency that wishes to fund an SBIR Phase III project is not required to conduct another competition in order to satisfy those statutory provisions. As a result, in conducting actions relative to a Phase III SBIR award, it is sufficient to state for purposes of a Justification and Approval pursuant to FAR 6.302-5, that the project is a

SBIR Phase III award that is derived from, extends, or completes efforts made under prior SBIR funding agreements and is authorized under 10 U.S.C. 2304(b)(2) or 41 U.S.C. 3303(b).

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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 program has developed an independent government estimate (IGE) to be used to evaluate price reasonableness. Additionally, other than cost and pricing data, any forward pricing rate agreements or DCAA audit results will be requested from the contractor to evaluate the pricing.

The award will not be made unless a determination of price reasonableness can be made.

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 not performed as the prototype and the requested testing and if necessary improvements can only be provided by this source. This is a non-commercial developmental product not produced by any other provider; this testing is a follow on to the improvements that were made to the equipment.

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

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

This is an SBIR Phase III follow on contract; a commercial product has not yet been developed.

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

INTEREST IN THE ACQUISITON:

None, this is not a commercial product and there are no other sources.

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:

Once the product is commercially available, full and open competition will be utilized, as appropriate.

12. I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS

JOFOC IS ACCURATE AND COMPLETETOTHE BEST OF MY

KNOWLEDGE AND BELIEF.

Corinne Nygren Date Lori Miller Date

Contracting Officer Program Manager

Minneapolis Procurement Branch VS STAS OSIC, Riverdale, MD