Justification.pdf

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

Federal Acquisition Regulation (FAR) Part 6.3

1. Identification of the agency and the contracting activity.

USDA-APHIS-National Wildlife Research Center 4101 Laporte Ave.

Fort Collins, CO 80526

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

The USDA proposes to enter into a contract on a basis other than full and open competition, negotiate a sole source, firm fixed-price contract with Herddogg.

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

This request for a sole source contract is to purchase a product called “flashtags” that was recently invented and patented by USDA personnel and the license for the product has been transferred to a U.S. company (Herddogg) for manufacturing and marketing. The flashtag is an ear tag that is attached to livestock on open range and that is designed to protect livestock from predators such as coyotes, wolves, black bears, grizzly bears and mountain lions. Preliminary efforts indicated that flashtags can decrease predation by 50% saving livestock producers valuable income. However, there remains important research to be done on the value and effectiveness of flashtags so we have better understanding of when and how they should be used to maximize effectiveness. This action would purchase 1800 tags for a total of $39,750 from Herddog and the tags will be used in a research project with ranchers throughout western U.S.

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

13.106-1 Soliciting competition (b) Soliciting from a single source.

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

The contractor has unique capabilities that enable them to efficiently manufacture these tags in the U.S. They are in the business of manufacturing and selling livestock ear tags that have technological capabilities capable of monitoring livestock and alerting producers/owners (via an LED light on the tag) when an individual animal is sick or behaving aberrantly. Because of theses abilities, they are able to manufacture and sell the flashtag, which is a similar product to what they already manufacture.

There are no other US based companies that manufacture this type of product and they only other source comes from China in the form of a product that has to be modified to match the requirements for a tag that will protect livestock from predators. Thus, the contractor can manufacture a final product that is superior in quality and costs less than if we purchased them from China.

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

Flashtags are a new product invented by personnel from USDA and the license for this product is being transferred to a US company for manufacturing and marketing. In finding a company capable of producing this product we have contact 6 US based companies that are in the business of making and selling ear tags for livestock. The only company that could manufacture these tags was the company Herddogg. The other companies contacted either expressed interest in sourcing supplies from China and then selling the tags or did not express any interest in manufacturing and selling these tags.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Herddogg will manufacture and see flahstags for approximatley $22/tag. This will be a final product that is fully weather proof and ready to be attached to livestock. The only alternative would be to purchase the componets of the tags from China and then to build the tags ourselves from the components purchased. The cost for the components would be roughly $5 per tag but the labor involved in building robust tags would cause the cost per tag to increase well beyond $30/tag and the product would not be nearly as durable.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Beginning in February 2025 we began contacting livestock tag manufactures in the US and that lead to discussion and interactions with 4 potnetial manufacturing companies that could produce the flashtag.

Our search for tag manufacturing companies included word of mouth recommendations from livestock producers famililar with different companies, an internet search for tag manufacturing companies, and contact with industry representative from organizations like the Cattlemans Association and Wool Growers Association.

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

As the basis for other than full and open competition (6.302-1) we are citing a need for highly specialized equipment. Cost for duplication of such effort is unknown but we estimate that the cost would roughly be double (i.e., $60/tag) for the government. This is because the labor required to build the tags ourselves undoubtably will greatly inflate the price.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

HerdDogg: Home Vectronic Aerospace: Home - Vectronic Aerospace RitcheyTags: https://ritcheytags.com/ Margo Supplies: Home - Margo Supplies LLC.

Y-Tex Corporation www.ytex.com

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

At this point there are no other companies that produce anything like the flashtag but if other companies develop similar products of equal quality, then future acquisitions would consider their product.

Certifications & Approvals

Supporting data that form the basis for and included in this justification are certified accurate and complete.

Stewart Breck, Research Wildlife Biologist

Insert Name of Program or Technical Personnel Insert Title of Program/Technical Personnel

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Insert Name of Contracting Officer Contracting Officer

Additional Reviews & Approvals

Signatures are required at each threshold up to the total estimated dollar value of the acquisition

Advocate for competition for the procuring activity (if over $700,000, but not exceeding $13.5 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity, I hereby approve this justification.

Insert Name of the Mission Area Competition Advocate Mission Area Advocate for Competition

Head of the Procuring Activity (if over $13.5 million, but not exceeding $68 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the Head of the Procuring Activity, I hereby approve this justification.

Insert Name of the Head of the Procuring Activity Head of the Procuring Activity United States Department of Agriculture

STEWART BRECK Digitally signed by STEWART BRECK Date: 2025.08.26 10:57:04 -06'00'

Linda W.

Washington

Digitally signed by Linda W.

Washington Date: 2025.08.28 11:19:38 -04'00'

Senior Procurement Executive of the Agency (if over $68 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, as the Senior Procurement Executive, I hereby approve this justification.

Insert Name of Senior Procurement Executive Senior Procurement Executive United States Department of Agriculture

Notes and Guidance. Delete these notes prior to finalizing document for signature

Acquisitions for commercial items/services with a value exceeding $7 million, and acquisitions for non-commercial items/services with a value exceeding the Simplified Acquisition Threshold (SAT) are subject to the competition requirements of FAR Part 6.

Program personnel are advised to work with contracting personnel early on in order to promote and provide for full and open competition to the maximum extent practicable. In circumstances permitting other than full and open competition, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition through the use of this form. Contracting without providing for full and open competition or full and open competition after exclusion of sources is a violation of statute, unless permitted by one of the exceptions permitted in FAR 6.302.

Advance planning. Contracting without providing for full and open competition shall not be justified on the basis of (1) a lack of advance planning by the requiring activity or (2) concerns related to the amount of funds available to the agency or activity for the acquisition of supplies or services.

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the Agency’s needs. See below for posting requirements.

Posting. Contracting Officers shall make justifications (excluding brand name) publicly available within 14 days after contract award in accordance with the procedures at FAR 6.305(d),(e), and (f).

In the case of unusual and compelling urgency, justifications shall be made publicly available within 30 days after contract award in accordance with the procedures at FAR 6.305(b), (d), (e), and (f).

Brand name justifications shall be posted with the solicitation in accordance with FAR 6.305(c) and 5.102(a)(6).

Screening. Before posting this Justification, in accordance with FAR 6.305(e) and 24.202, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Sole Source 8(a) over $22 million. As a minimum, each justification for a sole source 8(a) contract over $22 million shall include the information required by FAR 6.303(d)(1) through (5).

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file and routed for digital electronic. Signature blocks shall include dates.