JOFOC - Control Union - 6-30-2023 - SIGNED.pdf

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

Commercial Supplies/Services Under $750,000

FAR 6.3

Control No. N/A

Marine Cargo Discharge Survey Services

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 proposes to enter into a contract on a basis other than full and open competition and award an indefinite delivery, indefinite quantity, commercial item, firm fixed-price service contract for the food aid cargo requiring marine cargo discharge/delivery survey services with Control Union.

These services were previously provided under an IDIQ contract, 12-1NTS-17-C-0013, awarded by USDA to Control Union with a base and four option years from 2017 - 2023. The final period of performance was obtained using the Option to Extend Services clause with the final period of performance ending April 30, 2023. AMS had planned to resolicit when the program agency, the U.S.

Agency for International Development (USAID), indicated a need for a follow-on contract. However, after the previous contract’s expiration USAID expressed an urgent need for marine cargo surveys in Djibouti. To ensure continuity of services in support of U.S. Government international food aid programs USDA needs to execute this contract immediately to cover a period of performance from July 01 to October 31, 2023.

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

The services required are to address risks inherent with shipping U.S. food aid to overseas destinations.

The Government is seeking to contract with a marine cargo discharge survey company to attend, witness, and examine food cargoes being off-loaded from ocean vessels. Performing these activities includes segregating food not fit for human consumption to prevent its distribution, documenting the count and condition of the food aid unloaded, performing activities related to disposition (e.g., recoopering, destruction), and providing a written report. An experienced survey firm with a proven performance record conducting like work in this country is needed to be work immediately. The not-to-exceed estimated amount of this contract is $42,000.

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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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, Control Union, previously performed these marine cargo survey services under a contract with USDA which expired April 30, 2023. Due to this, the Contractor has recent experience performing this exact work and have performed these services in the needed location, Djibouti. They can begin work immediately. Awarding to this contractor will ensure continuity of services until new contracts can be competed and awarded, no later than November 1, 2023. With food aid cargo currently enroute to Djbouti with an estimated time of arrival on or about July 1, 2023, using this experienced Contractor is necessary. The timeframe of the services precludes AMS from competing and awarding under full and open competition at this time.

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 this contract is in place, acquisition planning will begin to award a contract for this requirement competitively and award by November 1, 2023. The new acquisition will include market research and outreach to ensure offers are solicitated from as many sources as is practicable.

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

Market research was not conducted due to the unusual and compelling urgency circumstances of this situation. AMS needs to put a contract in place with this contractor in order to allow continuity of services until new contracts can be competed and awarded. Market research will be conducted during the follow-on acquisition is planned to acquire services starting November 1, 2023.

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

n/a

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

n/a https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-5#FAR_5_203

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

This is a contract. It is being put into place to support continuity of services until such time as a new contract can be competed. Subsequent acquisitions are anticipated and will comply with FAR competition requirements.

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 the previous contact and the prices under the previous contract have already been determined to be fair and reasonable.

Certifications & Approvals

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

In accordance with FAR 6.304(a)(1), for a proposed contract not exceeding $750,000, this justification must be approved in writing by the contracting officer.

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.

Christine Gouger Date Contracting Officer Procurement and Policy Services Contracts Division