JOFOC_12639520A0014.pdf

USDA, APHIS, MARKETING AND REGULATORY SERVICES

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

POLICY:

In accordance with the authority granted under FAR Part 13.5, the contracting officer must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase.

(a) The contracting officer must not—

Solicit quotations based on personal preference; or Restrict solicitation to suppliers of well-known and widely distributed makes or brands.

(b) If using simplified acquisition procedures and not using either FACNET or providing access to the notice of proposed contract action and solicitation information through the Government-wide point of entry (GPE), maximum practicable competition ordinarily can be obtained by soliciting quotations or offers from sources within the local trade area. Unless the contract action requires synopsis pursuant to FAR 5.101 and an exception under FAR 5.202 is not applicable, consider solicitation of at least three sources to promote competition to the maximum extent practicable. Whenever practicable, request quotations or offers from two sources not included in the previous solicitation.

Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited, and shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

In accordance with the authority granted under FAR Part 13.5, this request for a noncompetitive acquisition is hereby submitted for consideration for acquisition approval.

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA APHIS PPQ Facilities & Operat Bldg 6420, Moore Air Base 22675 N Moorefield Road Edinburg TX 78541

Contracting Activity:

USDA APHIS/MRPBS/AAMD

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Firm Fixed Priced Blanket Purchase Agreement for Multi lure Traps for the USDA/APHIS/PPQ Facility in Edinburg, TX. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. Period of Performance is from Date of Award and not to exceed five years.

Estimated Value $ 2mil Order Min $ 5,000.00 Max per order $ 250,000.00

A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

The traps will be used primarily for the surveillance and monitoring program associated with several pests including fruit flies. The USDA-APHIS-PPQ-FMS in Edinburg, TX uses a delimitation grid that relies on these Mutli-Lure based traps which have been proven effective at detecting male Medflies. Without this trap it will be impossible to maintain an effective program. PPQ’s Failure to detect additional wild flies would seriously compromise the integrity of the eradication effort and could ultimately add to the overall cost or even prevent its success.

Item Description

001 Multi Lure Traps, Multi Lure Traps Complete 002 Multi Lure Trap Clear Top 003 Multi Lure Trap Yellow Bottom 004 Yellow Bait Well 005 Swivel & Ring 006 Mango Hanger

IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

Authority 41 U.S.C. 253(c)(1) FAR Part 6.302-1 The property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency

Better World Manufacturing, Inc. is the only manufacturer of this trap. The Multilure trap is patented in the United States. Patent number is US 6,532,695 B1 dated March 18, 2003.

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 FEDERAL ACQUISITION REGULATION

(FAR) SUBPART 5.2, AND IF NOT, WHICH EXCEPTION UNDER FAR 5.202

APPLIES:

Fedbiz Sole Source Notice PR-19-953053 published 04/29/2019 and closed 05/31/2019 – No Response

A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

This requirement is applicable to FAR 6.301-1(2), “When the supplies or services required by the agency are available from only one responsible source...” Better World Manufacturing, Inc. is the only manufacturer of this trap. The Multilure trap is patented in the United States. Patent number is US 6,532,695 B1 dated March 18, 2003. Therefore; Better World has no price competition for this product.

Previous contract AG-6395-C-14-0059 contained FAR Clause 52.216-3 Economic Price Adjustment which allowed an increase of price up to 10% more than the original price which was never utilized by the contractor.

Price reasonableness was accomplished by comparison of previous interim order# 12639519P0215 Awarded 5/20/2019, for 2 items and previous contract# AG-6395-C-14-0059 where both the validity of the comparison and the reasonableness of the price(s) could be established.

This current contract contains the same Economic Price Adjustment clause to allow increase of up to 10% more than the original pricing starting in year 3. The previous contract also did not list price brakes by quantity ordered on the separate trap components each year as the new contract does, which may account for the price increases for the new contract when you consider the fact that Better World never made any price changes for five years despite likely labor and material increases, but which may discourage Better World from once again feeling the need to increase pricing for the last 3 years on the new contract.

A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR

PART 10) AND THE RESULTS, OR AN EXPLANATION OF THE REASON

MARKET RESEARCH WAS NOT PERFORMED:

None - Better World Manufacturing, Inc. is the only manufacturer of this trap. The Multilure trap is patented in the United States. Patent number is US 6,532,695 B1 dated March 18, 2003.