Notice of Intent to Sole Source.pdf

SPECIAL NOTICE: 1202SC22Q2714

Description: NOTICE OF INTENT TO AWARD A SOLE SOURCE

The US Forest Service (USFS), Incident Procurement Operations, Logistics Support Branch (LSB), intends to issue a Firm Fixed Priced, base plus four (4) option year, indefinite delivery/indefinite quantity contract under the authority of FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements, on or about June 1, 2022 to Zinvent Industries, LLC., a registered small business, for the USFS, Rocky Mountain Fire Cache (RMFC) located in Lakewood, CO.

This requirement includes an estimated purchase of 9,500 units of NFES 0440-Strainers-Fish 100 GPM (complete unit) - shallow water fish strainers and 2,500 units of NFES 0439-Screen-Fish Strainer screens over the life of the contract to satisfy inventory needs in preparation of the 2022 and foreseeable fire seasons. The NFES 0440 Fish Strainers & NFES 0439 Fish Strainer Screens are a joint USFS, National Technology & Development (NTDP) and Zinvent Industries, LLC design through Cooperative Research & Development Agreement (CRADA) #21RD1113810-029.

The current fish strainers available on the market are too large for use in shallow water situations, over cumbersome to wildland fire crews, and are not adequate to accommodate specific mission needs of the USFS, potentially equating to loss of habitat, property, and life. In response, the NTDP was tasked by the USFS and Aviation Steering Committee to develop fish strainers that can be used in shallow water situations to meet specific, critical needs of the US Forest Service and sister agencies’ wildfire suppression needs. The current fish strainers available on the market do not meet size requirements for use in shallow water situations, are over cumbersome to wildland fire crews, and not adequate to accommodate mission needs of the USFS. As a result, the USFS and Zinvent Industries, LLC partnered through a CRADA to design, build, and test a fish strainer that can be used in shallow water conditions to meet the specific and unique needs of the USFS wildfire fighting efforts. The CRADA provided shared intellectual property (IP) protection for the manufacturer and the Forest Service. There is a patent pending (Provisional Patent #63221528) for this design and it is considered confidential and proprietary information.

CRADA’s are a tool provided under the Technology Transfer Act USC 3710a (1986) to provide federal governmental partners the opportunity to work with the federal government and not lose control of IP developed (owned or co-owned by the government) by providing an option to an “exclusive license” to the government owned or co-owned IP. The procurement of a technology protected by a USFS owned or co-owned patent from a non-owner/licensee is a violation of this Act and can result legal action against the USFS. As a result of this and Patent and Copyright case law under 28 U.S.C. 1498, satisfying the Government’s need for the jointly designed NFES 0440 Fish Strainers and NFES 0439 Screens through a sole sourced contract is justified and in the best interest of the Government.

Inability to acquire these items in a timely manner would severely limit operational capabilities nationwide for the upcoming fire season and threaten USFS fire protection responsibilities. Limits in fire suppression capabilities nationwide could create additional risks to property, USFS personnel, and civilians. Due to the confidential and proprietary information of the design and intellectual property protection for the manufacturer and the Forest Service, Zinvent Industries, LLC is the only source capable of providing the required fish strainer and screens. As a result of the information herein, the USFS intends to non-competitively award this requirement to Zinvent Industries, LLC.

The North American Industry Classification System (NAICS) code for this requirement is 332919 with the size standard of 750 employees. This notice of intent is not a request for proposals or quotes. However, all responsible sources may submit an offer and capabilities/narrative that proves by clear and convincing evidence that detail their ability to provide the joint USFS and Zinvent Industries, LLC., NFES 0440 Fish Strainers and NFES 0439 Screens by Zinvent Industries, LLC. If said OFFER and capabilities/narrative is received within fifteen (15) calendar days of publication of this notice, the narrative will be considered by the LSB. All responses must be submitted to the Government point of contact at the email address shown below. A determination by the Government not to open the requirement to competition based upon the responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement.

Contracting Office Address:

3833 S. Development Ave.

Boise, ID 83705

Government Point of Contact:

Matthew Cox Contract Specialist Matthew.Cox2@usda.gov mailto:Matthew.Cox2@usda.gov