FAR 13 Brand Name Justification 12639523Q0054.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, HARLINGEN OFFICE, FIELD OPERATIONS

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: Spinosad (GF-120® NF Naturalyte® Fruit Fly Bait)

Currently, there are 631square miles under quarantine involving 6,649 acres of commercial citrus. The eradication of Mexican fruit flies in South Texas will be administered as a cooperative effort between

APHIS, and the Texas Department of Agriculture officials.

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

APHIS.

Spinosad ground-based treatment to Mexfly-host plants 500 meters around all fly finds will be repeated every 7 to 10 days in the Quarantined Area. Used in conjunction with bait sprays targeted at the detection sites, sterile fly release has been successful in eradicating Mexfly from Texas Counties (APHIS, 2010).

Sterile insect technique will be continued at the rate of 900 flies per acre to achieve quarantine-protocol density over the regulated area.

An APHIS Mexfly eradication program can include ground applications of either malathion or spinosad bait. Where Mexfly larvae are found, eradication treatments may employ foliar sprays to host plants.

Foliar applications, which are applied up to a 500-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). Please see the “Mexican Fruit Fly Cooperative Eradication Program, Lower Rio Grande Valley, Texas, Environmental Assessment April 2015” for further information.

The LRGV’s (Lower Rio Grande Valley’s) 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. GF-120 Spinosad Naturalyte

Fruit Fly Bait attracts and controls multiple species of tephritid fruit flies. This product is labeled as organic and of the two products authorized under the current APHIS Fruit Fly protocols, Spinosad is considered the preferred method of treatment by APHIS since 99% of the treatments done by the program are applied to residential properties. Spinosad 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.

In the past, Spinosad (GF-120® NF Naturalyte® Fruit Fly Bait) has been purchased in 55-gallon drums through IAS and in 1-gallon 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. Purchasing Spinosad in 1-gallon containers limits the purchaser from buying over the purchase card threshold leading to multiple, frequent purchases during a quarantine situation.

The program plans to order a minimum of 60 gallons at the start of each fiscal year during the contract period and more as needed each spring depending on the declaration of a quarantine in a six-county area in South Texas.

Dow Chemical holds the patent on Spinosad and there are no equivalents. It is a matter of finding local suppliers.

3. The rationale or circumstances for limiting competition.

Dow Agrosciences holds the patent on GF-120® NF Naturalyte® Fruit Fly Bait and there are no organic 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.

________Guadalupe Garcia___________________________

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