Brand Name Justification final.pdf

United States Department of Agriculture Limited Source/Brand Name Justification

FAR 13.106-1(b)(1) – Simplified Acquisitions

1. Identification of the agency and the contracting activity.

Requesting Agency:

USDA, APHIS, PPQ, SPHD Office, Sacramento, California Contracting Activity:

USDA, APHIS, MRPBS, ASD

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

2. Description of supply or service required to meet the agency’s needs.

Item Required: Static Spinosad ME

Currently, there are 554 square miles under quarantine involving 1624 acres of commercial citrus. The eradication of Oriental fruit flies in Riverside and San Bernardino Counties will be administered as a cooperative effort between APHIS, and the California Department of Agriculture officials.

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

Eradication Treatment for Oriental Fruit fly utilizes MAT (Male Attractant Technique). Specialized treatment trucks apply Static Spinosad ME to light poles and street trees at a target density of 300 shots per square mile (5 to 8 ml per shot) in a 1.5 radius from detection sites at a two-week interval. Used in conjunction with foliar bait station treatment with GF 120 NF Naturalyte applied at residences within 200 meters of detection sites has been successful in eradicating Oriental Fruit fly from California Counties.

An APHIS Oriental Fruit fly eradication program can include ground applications of either malathion or spinosad bait. Where Oriental Fruit Fly larvae are found, eradication treatments may employ foliar sprays to host plants. Foliar applications, which are applied to a 200-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).

The Riverside and San Bernardino 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. Static Spinosad ME uses a powerful mating lure (Methyl Eugenol), combined with the active ingredient Spinosad, to attract and kill male flies. GF-120 Spinosad Naturalyte Fruit Fly Bait attracts and controls multiple species of tephritid fruit flies. Static Spinsoad ME carries a CAUTION label and of the two products authorized under the current APHIS Fruit Fly protocols, Static ME is considered the preferred method of treatment by APHIS due to the powerful lure, the large areas that can be covered by treatment and treatment not occurring on residential properties. Static ME 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.

Static Spinosad ME is purchased in 1 gallon, ready to use formulation 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. Static ME is sold in 1 gallon buckets, and the cost is above single purchase limits.

The program plans to order 1700 gallons for fiscal year 2023 and more as needed each spring depending on the continuation of the quarantine for Riverside/San Bernardino

Corteva holds the patent on Static ME and there are no equivalents.

3. The rationale or circumstances for limiting competition.

Corteva holds the patent on Static ME and there are no equivalents approved by APHIS at this time.

4. A description of the market research conducted and the results or a statement of the reason market research was not conducted.

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.

5. Estimated price, including all options, if applicable.

6. Recommended source(s).

There are multiple providers based on market research on sam.gov.

Certifications

Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification are accurate and complete to the best of my knowledge.

Program/Technical Personnel

The information contained in this justification is accurate and complete to the best of my knowledge and belief and in accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine the circumstances described above deem only one source, or limited sources, reasonably available and competition is precluded for the reasons indicated in this document.

Contracting Officer