Brand_Name_JOFOC.pdf

Last Updated: 11/15/2011 Version 1

U.S. Fish and Wildlife Service Contracting and General Services Region 1

Requisition No. 0040254354

Purchase Order No.

Justification for Other than Full and Open Competition (JOFOC) Brand Name

A. Background

a. Description

This D&F supports the justification for contracting without providing for full and open competition (brand name).

b. Agency Requirement

Lodi Fish and Wildlife Office, 850 S. Guild Ave., Suite 105, Lodi, CA 95240 has a requirement for 1346 V4 , 180 khz acoustic tags. The tags will be used to monitor survival through the San Joaquin Delta.

VEMCO tags are used by the USFWS and collaborators and are necessary to work with VEMCO receivers on the 2016 Juvenile Chinook telemetry study.

c. Statutory and/or Regulatory Authority

The use of other than full and open competition for this contract action is authorized by FAR 13.501 (Commercial Items).

B. Justification

a. Nature of Action Being Approved

VEMCO technology has been used throughout the Central Valley, and the Sacramento-San Joaquin Bay Delta Region. The receivers developed by VEMCO ( l 80kHz) are deployed in the south Delta by our cooperators (USBR and USGS). Only VEMCO 180 khz tags can be used with 180 khz receivers and array has been used for the last 5 years.

b. Efforts to Maximize Competition

Since multiple sources exist that carry VEMCO products, a combined synopsis/solicitation will be posted to FedBizOps for this requirement.

c. Market Research

Market research was conducted which revealed that VEMCO does not have any U.S. based distributers. However, VEMCO maintains distributers in Canada, Australia and the United Kingdom.

d. Additional Supporting Information

VEMCO equipment is proprietary and there are no known suitable substitutes that will ensure continuity. At this time, change to existing protocols and equipment is cost prohibitive to the USFWS and collaborators. Two other companies were found to make acoustic tags but are are not compatible with VEMCO receivers. 1) HTI, http://www.htisonar.com/, 206-633-3383, No compatible tags 2) LOTEK, http://www.lotek.com/ , 905-836-6680, No compatible tags

e. Interested Sources

The Canadian company, Amirex Systems Inc., 20 Angus Morton Dr., Bedford, NS B4BOL9 DUNS#:

243423589, 1-902-450-1700 ext. 231. This company has an approved IPP waiver (#71040153in place with the agency. In

Last Updated: 11/15/2011 Version 1

November 2015, the USFWS/CGS/R1 competed similar equipment (F15PS00051) that resulted in only one response to the solicitation. Award was made on December 2015 (F16PX00135) to Amirex Systems Inc.

f. Removal of Barriers to Competition

In future acquisitions, market research will be conducted to see if any new tags have been developed from other vendors that would operate with the existing equipment.

C. Recommendation and Certification by Program Office

Based on the above justification, I recommend this acquisition to be conducted using brand name acquisition procedures as specified in FAR 13.501 (Commercial Items). I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Patricia Brandes, Program/Project Officer

Date

D. Contracting Officer Certification and Approval

Based on the above justification and having determined the price to be fair and reasonable, I hereby certify that the circumstances of this contract action deem only one source reasonably available and approve the use of sole source acquisition procedures for this purchase.

Nathan Ellyson, Contracting Officer

Date

E. Concurrence by Chief of Contracting Office

I hereby concur that the circumstances of this contract action deem only one source reasonably available.

Frank Lee, Chief of Contracting Office

Date

PATRICIA BRANDES

Digitally signed by PATRICIA BRANDES DN: c=US, o=U.S. Government, ou=Department of the Interior, ou=U.S. Fish and Wildlife Service, cn=PATRICIA BRANDES, 0.9.2342.19200300.100.1.1=14001000933424 Date: 2016.01.11 09:54:06 -08'00'

Digitally signed by NATHAN ELLYSON DN: c=US, o=U.S. Government, ou=Department of the Interior, ou=U.S. Fish and Wildlife Service, cn=NATHAN ELLYSON, 0.9.2342.19200300.100.1.1=14001002866272 Date: 2016.01.14 11:51:04 -08'00' y

FRANKLIN LEE

2016.01.22 12:06:20 -08'00'