Egg_Candler_Sole_Source_(003).pdf

Justification for Other Than Full and Open Competition

I. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requiring Agency:

Contracting Activity:

USDA, AMS. Livestock, Poultry & Seed Program

1400 Independence Ave., SW, STOP 0259 Washington, DC 20250

Purchase new lights that use Light Emitting Diode (LED) technology to assist personnel with assessing interior egg quality during Shell Egg Surveillance inspection activities.

2. NA TURE/DESCRIPTTON OF ACTION:

The USDA Agricultural Marketing Service (AMS), Livestock, Poultry & Seed Program intends to purchase shell egg candling lights that use LED technology to replace aging, obsolete candlers that use incandescent light bulbs. It is becoming more difficult to find suitable replacement bulbs for the older candlers due to legislation in several states that mandate lighting companies move toward more efficient and eco-friendly technology.

LED technology has other advantages related to employee comfort: they are brighter making it easier to candle eggs and assess interior egg quality, generate less heat, and are less strain on the eyes over long periods of time.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The LED lights were designed using research conducted by USDA's Agricultural

Research Service (ARS). ARS tested a wide array of LED bulbs and found specific bulb types with a narrow color spectrum that would be most suitable to candling shell eggs in a darkened room. ARS also designed the basic circuitry for manufacturing a few test candlers at their laboratory. This technology and design was passed on to the only company that was interested in developing an LED candling light; AHPharma, Inc., 270 I 3 East Lillian Street, Hebron MD, 21830.

4. IDENTlFTCATIONOFTHESTATUTORY AUTHORITY:

41 U .S.C. 3304(a)(l) as implemented by Federal Acquisition Regulation (FAR) 6.302-l(b )(2) Only one responsible source and no other supplies or services will satisfy agency requirements.

5. DEMONSTRA TTON THAT THE PROPOSED CONTRACTOR'S UNIQUE

QUALTFJCA 'tlONS:

AHPhruma is the only contractor who designed and built the LED candler through product development and testing conducted by ARS, and this contractor has applied for patent rights. They continue to make improvements on the design of the circuit board to allow for brighter bulbs and heat reduction. The company has the ability to modify the body ofthe candler using mold injection techniques. They have marketed the product to the public on a company website.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS TS PRACTICABLE,

INCLUDING WHETHER A N OTICE WAS OR WILL BE PUBLICIZED AS

REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202

APPLIES:

Another firm, Lyon Electric, was contacted to see if they would consider developing an

LED based candling light. The company declined to pursue modifying existing techno logy which uses incandescent bulbs to accommodate our request. As a result, only one company was interested in producing the candler light to accommodate our needs.

7. A DETERMlNA TION BY THE CONTRACTING OFF1CER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

An e&imation by Lyon Electric of costs to produce units with LED techno logy was higher than the cost data provided by the contractor, AHPharma. The cost per unit is reasonable, and considering the I 0-year I ife expectancy of the unit, return on investment is very favorable for the nearly 2, I 00 annual inspections that cover hundreds of million do.zen eggs.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10)

AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH

WAS NOT CONDUCTED:

USDA's ARS conducted market research to gauge manufacturer's interest in producing the candling lights with LED technology, and only one firm, AHPhanna, expressed interest. AMS has a compelling need to upgrade candling equipment in order to carry out compliance activities ofthe SES program, and the sole source contractor is the only firm that will manufacture the candling lights with the new LED technology.

9. OTHERSUPPORTING FACTORS:

None

10. TECHNICAL CERTIFICATION:

!certify that the fact and representations under my cognizance which are included in this justification are accurate and complete to the best of my knowledge and belief.

Name: David Bowden

Title: Branch Chief

Signature:

Date: 8-10-2016

11. CONTRACTING OFFICER CERTIFICATION:

J certify that the justification is accurate and complete to the best ofthe contracting officer's knowledge and belief.

Name:

Title:

BEVERLY BROWN

Date:

Digitally signed by BEVERLY BROWN ON: c=US, o=U.S. Government. ou=Department of Agriculture, cn=BEVERL Y BROWN, 0.9.2342.19200300.100.1.1 = 12001 000002270 Date: 2016.08.1010:22:21 -()4'00'