AGRI - Pesticide Profile Svcs - Request Form to Division of Purchasing (DOP).pdf

Request Form to Division of Purchasing (DOP)

Exemption from Competition - EFC

If you have any questions please contact us at DOPHelpDesk@adm.idaho.gov

Form ID

Generated after Receipt by DOP

Year

Requestor Information

Agency Name * Idaho State Department of Agriculture

Agency Acronym *

ISDA

Requestor Name * Molly Heiss

Phone * 208-332-8641

E-mail * molly.heiss@isda.idaho.gov

Property Being Purchased: * NOP Pesticide Profile Testing Services

This field has a 300 character limit

Type of Exemption Check all that apply

Type of Exemption *

A solicitation has been completed and my Agency wishes to award contracts to multiple vendors for the same or smilar property (Multiple Award Authorization)

My Agency wishes to administer or award a solicitation at a dollar amount above its normal Delegated Purchasing Authority (Limited/One-Time DPA)

The property required is available on one or more open contracts, but my Agency wishes to purchase from a different vendor. (Note: if total value is over $10,000, Agency must also check the box for exemption from competition if requesting to pruchase from a specific vendor). (Utilization of Open Contract).

A solicitation is being developed (by my Agency under its DPA or in conjunction with DOP) and my Agency wishes to limit responses to a specific manufacturer/brand name (I.e. no substitutions). (Note: this option assumes that multiple vendors can offer the identified brand name; otherwise, select the option for exemption from competition to request a Sole Source Authorization (Brand Name Only)

A solicitation has been completed and there is a need to negotiate with one or more vendors. (Authorization to Negotiate)

My Agency is seeking to purchase directly from an identified vendor without completing a solicitation OR wishes to perform a level of competition that is less formal than would typically be required. (Various exemptions-additional questions to follow) mailto:molly.heiss@isda.idaho.gov

Additional Questions *

There is an immediate threat to public health, safety, or welfare (Emergency Purchase Authorization)

The required property can only be procured from a single supplier (sole manufacturer and distributor) (Sole Source Authorization)

There is an existing Policy Directive on the DOP website which requires authorization to be utilized (Utilization of Policy Directive)

It would be impractical, unreasonable, or disadvantageous to complete the required competitive process under the circumstances (Exemption from Competition)

Exemption from Competition

IDAPA 38.05.01.042.05 provides that the administrator may exempt an acquisition from competitive procurement if the administrator determines that bidding is impractical, disadvantageous or unreasonable under the circumstances. Examples include, but are not limited to:

special market conditions; property requiring special contracting procedures due to uniqueness; and services for which competitive solicitation procedures are impractical.

Proposed Supplier * Enter Unknown if supplier is not known

Pacific Agricultural Lab / Matrix Sciences

Duration *

One-Time purchase Ongoing

Anticipated Total Cost * $16,000.00

Background * Describe the circumstances

Please see attached.

ISDA administers a program for the USDA, the National Organics Program. This program requires lab testing for 5% of Idaho’s organic agricultural farmland annually, to verify that prohibited substances are not being used on organic farms.

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Justification * Why would the competition be impractical, unreasonable, or disadvantageous under the circumstances?

Since USDA has oversight over ISDA’s Organics program, ISDA does not have the discretion to change the requirements of the federal program.

The lab that provides these services for ISDA must have the capability of testing the pesticide profile outlined in the NOP publications. ISDA’s NOP process is audited by USDA, and it has passed every audit using the incumbent lab.

In the time period the Price Agreement has been in place, 2023-2025, nothing about this process has changed. ISDA Organics verifies that the USDA has not issued new guidelines or published any assistance for administering the program. The NOP publications have not been updated during this interval. There is not a process at USDA to certify laboratories that are in compliance with NOP guidelines or are pre-approved to run these tests.

In this instance, ISDA does not see a way to solicit for these services. Any RFQ ISDA would create would require the responding labs to certify that they test for the substances on the NOP 2611-1 publication as part of their response, but no labs test for that list because it is out of date.

It would be impractical and unreasonable to compete this work under these circumstances.

Description * Describe the extent to which competition is possible

In FY21, ISDA posted a competitive solicitation in IPRO to identify and contract with a lab who would provide the NOP required lab testing services. RFQ20210919 failed because the official USDA regulatory documents are out of date and many of the chemicals listed were no longer being used by the industry, with new chemicals coming online every year. Since the list was out of date, no lab would certify that they test for the complete list of pesticides required by the regulatory documents. The RFQ was closed without awarding.

After the RFQ was closed, ISDA requested DOP authorization to utilize a Price Agreement to contract with a laboratory for these services. This was granted on 5/27/2021. In 2023, the regulatory process guiding the program had not changed, and ISDA was granted an exemption to continue the program with the incumbent lab on 3/10/2023. Please see the Price Agreement that is currently in effect for these services, attached.

It is not possible to compete these testing services within the guidelines of the National Organics Program as written by the USDA, because labs https://adminrules.idaho.gov/rules/current/38/380501.pdf will not certify that they do the impossible. ISDA is requesting authorization to contract with the incumbent, Pacific Agricultural Labs, for another 2-year Price Agreement. The new term would be 7/1/2025 – 6/30/2027. The anticipated cost would be approximately $8,000 per year, or $16,000 for two years. Please see the attached quote from Pacific Agricultural Labs, Quote Number 25-D01.

Agency Certification *

The information provided above is true and accurate to the best of my knowledge,and supports the need for a direct procurement of the described goods or services, in the best interest of the State.

File Upload

NOP Pesticide Profile Testing Svcs Exemption Request - Price Agreement - FINAL 3.2.2023.docx 14.21KB

NOP 2611 - NOP 2611-1 - CFR 7 Part 205.670.pdf 851.04KB

NOP Price Agreement - EXECUTED 6.28.2023.pdf 1.43MB

25-D01, Quote for NOP Pesticide Testing - 4.25.2025.pdf 116.12KB

Maximum File Size 250 MB

Agency Representative * Date of Submittal * 2025-05-01

Approval - EFC

Administrator Intends to approve (pending legal notice). *

Yes No

Optional Posting? * This exemption will be sent for posting before final approval.

Yes No

Notes Public View

This field has a 300 character limit

File Upload

Maximum File Size 250 MB

Date Time * 2025-05-02