Justification Other Than Full and Open Competition.pdf

US Department of Agriculture (USDA)

Justification for Other than Full and Open Competition

Contents Section 1: Justification for Other than Full and Open Competition

1.1 Identification of the Agency and Contracting Activity

1.2 The Nature and/or Description of the Action Being Approved

1.3 Description of the Supplies or Services Required to Meet the Agency’s Needs (Including the Estimated Value)

1.4 Statutory Authority Permitting Other than Full and Open Competition

1.4.1 41 U.S.C. 3304(a)(1) / FAR 6.302-1

1.4.2 41 U.S.C. 3304(a)(2) / FAR 6.302-2 ........................................................... Error! Bookmark not defined.

1.4.3 41 U.S.C. 3304(a)(3) / FAR 6.302-3 ........................................................... Error! Bookmark not defined.

1.4.4 41 U.S.C. 3304(a)(4) / FAR 6.302-4 ........................................................... Error! Bookmark not defined.

1.4.5 41 U.S.C. 3304(a)(5) / FAR 6.302-5 ........................................................... Error! Bookmark not defined.

1.4.6 41 U.S.C. 3304(a)(6) / FAR 6.302-6 ........................................................... Error! Bookmark not defined.

1.4.7 41 U.S.C. 3304(a)(7) / FAR 6.302-6 ........................................................... Error! Bookmark not defined.

1.5 Description of Efforts Made to Ensure Offers Are Solicitated from as Many Potential Sources as is Practicable

1.6 Determination by Contracting Officer that the Anticipated Costs to the Government will be Fair and Reasonable

1.7 Description of the Market Research Conducted Among Schedule Holders and the Results or a Statement of the Reason Market Research Was Not Conducted

1.8 Facts Supporting the Justification

1.9 Listing of the Sources That Expressed a Written Interest in the Acquisition

1.10 Statement of Actions the Agency May Take to Remove or Overcome Any Barriers to Competition if Subsequent Acquisitions are Anticipated

Section 2: Certifications and Approvals

2.1 Program or Technical Personnel

2.2 Contracting Officer

2.3 Additional Reviews and Approvals

2.3.1 Advocate for Competition for Procuring Activity

2.3.2 Head of the Procuring Activity .................................................................. Error! Bookmark not defined.

2.3.3 Senior Procurement Executive of the Agency .......................................... Error! Bookmark not defined.

Section 3: Notes and Guidance

Section 1: Justification for Other than Full and Open Competition

1.1 Identification of the Agency and Contracting Activity

Enter Agency and Contracting Activity Here Veterinary Services (VS), Field Operations (FiOps), Logistics Center (LC) USDA APHIS MRPBS AAMD Acquisition Branch

1.2 The Nature and/or Description of the Action Being Approved Describe the type of action being proposed, e.g., negotiated sole source contract, contract modification, etc. Include the contractor’s name and identify the type of contract contemplated, e.g., firm fixed-price, time and materials, etc. If an existing contract is being modified, include the contractor’s name, contract number, and modification number. For example: 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 XYZ Company.

Enter Information about the Nature and/or Description of the Action Being Approved The VS Field Operations Logistics Center proposes to enter into a sole source firm fixed-price contract with Kifco.

1.3 Description of the Supplies or Services Required to Meet the Agency’s Needs (Including the

Estimated Value) Provide a concise description of the supplies or services required and include the estimated value. If the order includes option periods, include the estimated value for the base and each option period and the total estimated value of the base and all option periods.

Enter a Description of the Supplies/Services Required and the Estimated Value Kifco will perform an upgrade and overhaul of thirteen AV-ST3 Avi-Foam Guard units which will include but not limit too replacing major components like the pumps, engines, supply hoses, pressure gauges, suction hoses, shocks, and elbows.

In addition to replacing the above listed parts, Kifco will also perform a complete field test of each unit and a detailed maintenance inspection. Each unit will also receive additional equipment upgrades (i.e. brush decontamination system, gell battery, upgraded wire harness, stainless steel discharge and suction valves, and stainless-steel stinger valves. The LC will be notified additional issues found that are not covered in the quote and all additional costs (if any) will have to be approved before services are performed. The estimated cost of all services is $917,302.00. This will be a firm fixed price contract with no options. Per the attached quote, services will start approximately twelve weeks after contract award. The period of performance will be one year.

1.4 Statutory Authority Permitting Other than Full and Open Competition Choose the authority below that justifies other than full and open competition. Delete any authorities that are not applicable.

Provide the additional detail for the applicable authority as noted below:

1.4.1 41 U.S.C. 3304(a)(1) / FAR 6.302-1 41 U.S.C. 3304(a)(1) as implemented by FAR 6.302-1, titled “Only one responsible source and no other supplies or services will satisfy agency requirements.”

If 6.302-1 is the proposed authority, describe the unique capabilities or qualifications of the proposed contractor, or why the particular brand name product, or features of the product can only satisfy the specialized nature of the Government’s requirement, and why no other contractor or product/service can meet the Government’s need. List other similar products (if applicable) and explain why the products lack the particular feature, do not meet, or cannot be modified to satisfy the Government’s requirement, e.g., limited data rights, proprietary data or processes, etc.

Enter information about the proposed contractor Kifco is the only contractor able to perform the work because they own the rights to the data. Their address is 700 S.

Schrader Ave, Havana, IL 62644. Their contact number is 309-543-4425. Our POCs are Ms. Ledena Clark and Mr. Allen Mitchel.

1.5 Description of Efforts Made to Ensure Offers Are Solicitated from as Many Potential Sources as is Practicable

Describe efforts used to ensure offers were/will be solicited from as many sources as practicable. Include whether a Federal Business Opportunities (FedBizOps) announcement (FAR 5.2) was made and what response, if any, was received. Include the exception under FAR 5.202 if not synopsized.

Enter information about the efforts to ensure offers from as many potential sources as possible.

Kifco owns the data rights so no other sources will be able to do the upgrades and/or repairs to these units. If a contract is awarded to any other company or another company submits a bid, this will open them and us up for a lawsuit.

1.6 Determination by Contracting Officer that the Anticipated Costs to the Government will be Fair and

Reasonable Provide information as to how the anticipated cost to the Government will be determined fair and reasonable.

Enter information about how the anticipated cost will be determined as fair and reasonable.

1.7 Description of the Market Research Conducted Among Schedule Holders and the Results or a

Statement of the Reason Market Research Was Not Conducted . Describe market research conducted and the results or the reason why no market research was conducted. Include responses received from FedBizOps announcement if used. Note: FAR Part 10.001 requires agencies to conduct market research appropriate to the circumstances: (a) before developing new requirements documents for an agency acquisition; (b) before soliciting offers for acquisitions with an estimated value in excess of the Simplified Acquisition Threshold (SAT); (c) before soliciting offers for acquisitions that could lead to a bundled contract; (d) before awarding a task or delivery order under an indefinite-delivery/indefinite-quantity (IDIQ) contract for a noncommercial item in excess of the SAT; and (e) on an ongoing basis, take advantage of commercially available market research methods in order to effectively identify the capabilities of small businesses and new entrants into the market.

Enter information about the market research conducted or why market research was not conducted.

1.8 Facts Supporting the Justification

Include information such as: a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available; b) when follow-on action for continued development or production of highly specialized equipment is cited as the basis for other than full and open competition (6.302-1), include the estimated cost to the Government that would be duplicated, and how the estimate was derived; or

c) when unusual and compelling urgency is cited as the basis for other than full and open competition (6.302-2), include the estimated cost, or other rationale for the extent and nature of the harm to the Government if normal procedures and timeframes were followed.

Enter supporting facts.

Kfico owns the data rights for this equipment.

1.9 Listing of the Sources That Expressed a Written Interest in the Acquisition List sources, if any, that expressed an interest in the acquisition.

Enter sources that expressed an interest in the acquisition.

None…this is a sole source. Kifco owns the data rights to this equipment.

1.10 Statement of Actions the Agency May Take to Remove or Overcome Any Barriers to Competition if Subsequent Acquisitions are Anticipated State actions that may or can be taken to remove any barriers to competition if subsequent acquisitions are anticipated.

Enter actions that may or can be taken to remove barriers to competition.

Section 2: Certifications and Approvals

2.1 Program or Technical Personnel

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

Yvetta Northcutt Logistics Management Specialist, APHIS VS FiOps LC

2.2 Contracting Officer

The information contained in this Limited Sources Justification is certified accurate and complete to the best of my knowledge and belief.

Insert Name of Contracting Officer Contracting Officer

2.3 Additional Reviews and Approvals

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

2.3.1 Advocate for Competition for Procuring Activity

Required 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

Section 3: 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.

Section 3: Notes and Guidance