Justification for Other than Full and Open Competition - TRUMPET Aerial Spray.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 ACQUISITION UNDER THE

SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

TRUMPET ® EC INSECTICIDE (EPA Reg. No. 5481-481) is a pesticide, or more specifically an insecticide formulated to control of mosquitoes, flies and certain other nuisance insects. The active ingredient in TRUMPET is Naled, which is an organophosphate cholinesterase inhibitor. TRUMPET is for use only by federal, state, tribal or local government officials responsible for public health or vector control, or by persons certified in the appropriate category or otherwise authorized by the state or tribal lead pesticide regulatory agency to perform adult mosquito control applications, or by persons under their direct supervision.

Manufacturer: AMVAC, 4100 E. Washington Blvd, Los Angeles, CA 90023

Sole Source of Supply: ADAPCO, 550 Aero Ln, Sanford, FL 32771, 877-250-6507 (direct line)

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS

BASED ON THE FOLLOWING (select all that apply):

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. _X__ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Reference ltr dtd 12 January 2019 from Peter H. Connelly, Sales Mgr. Vector Control

Products, AMVAC Environmental Products. (See attached). This letter provides certification that AMVAC CHEMICAL CORPORATION is the sole manufacture of

DIBROM Concentrate® and TRUMPET ® EC insecticides. ADAPCO is the exclusive distributor of AMVAC Products delivered to the U.S. Military in all 50 United States.

3. _X_ OTHER REASONS.

TRUMPET is on the Authorized Use List (AUL) for MCRD Parris Island. The U.S. Air

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

Force 910th Airlift Wing conducts the aerial spray missions for MCRD Parris Island and their spray equipment is specifically adjusted for this pesticide, so that the volume median diameter produced is less than 60 microns and that 90 percent of the spray is contained in droplets smaller than 115 microns. They have to consider the effects of flight speed and, for non-rotary nozzles, nozzle angle on the droplet size spectrum.

Based on the U.S. Air Force 910th Airlift Wing spray equipment being specifically adjusted and retrofitted for TRUMPET as well as the TRUMPET being approved by

Environmental as the product certified for use on Parris Island, this brand is specifically requested. The U.S. Air Force 910th Airlift Wing will conduct the aerial spray mission

September 2020. Therefore the product must be delivered in early September 2020. If the product is not delivered in time, the aerial spray mission will be canceled.

B. _X_ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer: The U.S. Air Force 910th Airlift Wing conducts the aerial spray missions for MCRD Parris Island and their spray equipment is specifically adjusted for

TRUMPET.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

____________________ John D. Holloway, Jr. /843-228-3066 29 June 2020

Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date