Attachment_1__Brand_Name_J_A.pdf

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WIP MAGNACIDE H FY2025
Solicitation number
140A1225Q0008
Issued by

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This document is a Brand Name Only Justification for purchasing Magnacide H aquatic herbicide for the Wapato Irrigation Project. The Bureau of Indian Affairs (BIA) Northwest Region requires 37,975 lbs of Magnacide H herbicide to control aquatic vegetation in irrigation canals and drains on the Yakama Nation reservation. The procurement is a new requirement with a firm-fixed price, justified under FAR 13.501(a) as the only aquatic herbicide approved by Washington state for use in irrigation channels.

The justification highlights that Magnacide H is the sole product authorized by state regulations for algae and moss control in irrigation systems, with no functional alternative products available. The irrigation season for applying the herbicide is imminent, with product delivery expected in Spring 2024. BIA conducted market research confirming the brand-specific requirement and plans to post the solicitation through SAM.gov to satisfy competition requirements, despite the brand-name restriction.

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BRAND NAME ONLY JUSTIFICATION

Requirement Title / Name:

Purchase Request Number:

Originating Office (Customer):

Division / Unit / Branch:

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 Subpart 5.2 and, if not, which exception under 5.202 applies.

1. This is a justification for other than full and open competition.

Agency:

IA Acquisition Office:

2. Nature and/or description of the action being approved:

Requirement:

Pricing:

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

IGE:

4. An Identification of the statutory authority permitting other than full and open competition:

AUTHORITY:

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

J&A Control Number

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

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination is based on the following:

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.

9. Any other facts supporting the use of justification of other than full and open competition, such as:

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

11. A statement of any actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Requirement Title: Aquatic Herbicide for Wapato Irrigation Project
PR Number: 44004674
Originating Office: Northwest Region
Division / Unit / Branch: Wapato Irrigation Project
Acquisition Office: [A12 Northwest Region]
Dropdown10: [FAR 13.501(a)]
Text11: Magnicide H is required to support the WIP to prevent the growth of aquatic vegetationthat can hinder the flow of water used for irrigation. Magnicide H is the only aquaticherbicide approved by the state of Washington for use to control algae and moss quicklyand efficiently. Currently, there are no other products approved for use in the state ofWashington. The state of Washington only approves the use of this product, Magnicide HHerbicide IAW WAC 16-231-200 and WAC 16-231-205 state regulations.
Text12: BIA has performed market research in the past by publicizing a notice of sources sought as required by FAR Subpart 5.2 to ensure that offers are solicited from as many sources as is practicable. Additionally, this requirement will be posted through SAM.gov with a copy of this J&A document to satisfy the requirements found in FAR Subpart 5.2.
Text13: 1. The expectation of receiving competitive quotations IAW FAR 13.106-3(a)(1).

2. The review of historical pricing data for the same product IAW FAR 13.106-3(b)(ii).

Text14: Market Research was conducted, and the results concluded in the state of WashingtonMagnicide H aquatic herbicide is the only product allowed for use in irrigation canals, and noother product is authorized. Until there are regulatory changes to this rule, this requirementwill continue to be a brand name requirement.
Text15: The Wapato Irrigation Project’s canals and drains, owned by Bureau of Indian Affairs, reside on Yakama Nation reservation land, and Magnacide H is the only brand name Yakama Nation will allow to be applied on Yakama reservation. No functional alternative herbicide product exists that meets the Yakama Nation’s requirement, and the Bureau of Indian Affairs has a requirement to order the product Magnacide H and apply it in the spring season to control algae and pond weeds. Irrigation season for applying the herbicide is imminent (the product needs to be delivered by Spring 2024 and the failure to apply the herbicide in a timely manner could impact water flow and result in significant tort claims against the government.
Text16: N/A
Text17: N/A
Agency: [Bureau of Indian Affairs]
Dropdown2: [New]
Dropdown3: [Firm-Fixed Price]
Text4: JA25-00111
Text7: The Wapato Irrigation Project requires the purchase of 37,975lbs of Magnacide Herbicide for the control of aquatic vegetation.
IGE Total:

File details come from the government source that posted it. Updated .