JOFOC 2 - IEH.pdf

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United States Department of Agriculture Justification for Other than Full and Open Competition

Commercial Supplies/Services Exceeding $7.5 Million, and Non-Commercial Supplies/Services Exceeding the Simplified Acquisition Threshold

FAR 6.3

Control No. (if applicable) _N/A_________________

1. Identification of the agency and the contracting activity.

Agricultural Marketing Service (AMS), Commodity Procurement Program (CPP), Procurement Policy and Service Contracts Division (PPSCD).

2. The nature and/or description of the action being approved.

USDA/AMS exercised the option to extend services for an additional 6 months under a contract that was awarded on a basis other than full and open competition to allow additional time to re-compete the requirement. The subject contract is a firm fixed-price service contract for the microbiological (laboratory) testing of beef products, produced by USDA Foods’ vendors, which will be distributed to participants of USDA nutrition assistance programs citing unusual and compelling urgency to Institute for Environmental Health, Inc. (IEH).

The contract was awarded to maintain continuity of services while AMS competed for a five year indefinite delivery/indefinite quantity contract. The recompete is being conducted, but a delay in the evaluation of offerors proposals necessitates exercising the option to extend services clause to extend the current contract until the new contracts can be awarded.

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

The services required are microbiological laboratory testing of ground and boneless beef products to ensure that they are safe for human consumption. AMS vendors for these products send a sample of each lot of the product they produce for USDA contracts to the lab to test for microbiological contamination. If the beef product samples sent to the lab fail the microbiological contamination tests, trucks containing material from the sampled lot will be rejected. The not-to-exceed estimated amount of this contract extension for services from October 1, 2021 to March 30, 2022 is $400,000.

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4. The statutory authority permitting other than full and open competition.

41 U.S.C.3304(a)(2) as cited in FAR 6.302-2: Unusual and Compelling Urgency.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

This contractor currently performs these services under the contract to be extended. With this contract expiring September 30, 2021, AMS needs to exercise the option to extend services with this contractor in order to allow continuity of services until evaluation of proposals for a new contract can be completed and a new contract awarded. The services are needed to prevent contaminated beef products from being distributed under USDA programs.

6. Description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

The following exception under 5.202 applies:

(2) The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

After the option to extend services has been exercised, AMS will complete the evaluations of proposals received in response to a solicitation and award a new contract.

7. Description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market reasearch was conducted for a new solicitation, the solicitation was issue and proposals received. However, additional time is required to conduct negotiations and evaluation of proposals.

AMS needs to exercise the option to extend so there will be a contract in place to allow continuity of services until a new contract can be awarded.

8. Any other facts supporting the use of other than full and open competition.

n/a

See previous paragraphs.

9. Listing of the sources, if any, that expressed a written interest in the acquisition.

n/a

10. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-5#FAR_5_203

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This is an extension of an existing contract. It is being extended to support continuity of services until AMS can finish the evaluation and award of an existing solicitation.

11. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The cost to the Government under this contract will be fair and reasonable because the services under this contract will be at the same rate as in the contract being extended, for which the rates have already been determined to be fair and reasonable.

Certifications & Approvals

☒ The information provided for this justification has been reviewed and certified accurate and complete by __William Stone____, Program/Technical Personnel.

_________________________________________________ __10/01/2021___ William Stone Date Standards and Specifications Division Livestock and Poultry Program

Contracting Officer (not exceeding $750,000). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

☒ Approved.

☐ Reviewed and forwarding to the Procuring Activity Advocate (MASCO or Delegate).

_________________________________________________ __10/01/2021___ James D. Sprandel Date Contracting Officer Procurement and Policy Services Contracts Division