JOFOC - 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 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 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).

These services were previously provided under a contract to AMS with a period of performance through March 31, 2021. AMS had planned to allow the current contracts to expire and, instead of the Government contracting and paying for the microbiological testing, transferring this responsibility to USDA Foods contractors—with the cost of the testing reflected in the contractor’s bid price of the beef products. Just prior to the transition to the new policy and the expiration of the existing contacts, USDA recognized a need for outreach to additional stakeholders on this change, therefore delaying the implementation of the new policy. To ensure beef products supplied to USDA continue to have the appropriate laboratory testing, USDA needs to execute this bridge contract to maintain continuity of services.

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 for services from April 1, 2021 to September 30, 2021 is $400,000.

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

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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 a contract with USDA. With this contract expiring March 31, 2021, AMS needs to put a bridge contract in place with this contractor in order to allow continuity of services until new contracts can be competed and awarded. The services are needed to prevent contaminated beef products from being distributed under USDA programs. The amount of time required to approve new labs to participate in the beef testing program and the length of time for beef vendors to coordinate with the labs to arrange the procedures required to use their services, precludes AMS from competing and awarding to contractors that have not already been approved to participate in the AMS microbiological lab testing program.

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 bridge contracts are in place, acquisition planning will begin to award this requirement competitively by October 1, 2021. 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 reasearch was not conducted due to the unusual and compelling urgency circumstances of this situation. AMS needs to put a bridge 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 as the follow-on acquisition is planned to acquire services starting October 1, 2021.

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.

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 a bridge 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

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

_________________________________________________ __03/30/2021___ 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).

_________________________________________________ __03/30/2021___ James D. Sprandel Date Contracting Officer Procurement and Policy Services Contracts Division