Annual_Meat_Conference_Justification.pdf

USDA

Document No.

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Document Title

Justification of Limited Source or Other Than Full and Open Competition

JUSTIFICATION OF LIMITED SOURCE

OR OTHER THAN FULL & OPEN COMPETITION

(FAR 6.302-2 Unusual and Compelling Urgency)

1. Identification of the agency and the contracting activity.

Contracting Activity:

Kim Toppin, Contracting Officer USDA, FSIS, Office of Administrative Services Procurement Management Branch 5601 Sunnyside Avenue, Maildrop 5230 Beltsville, MD 20705-5230

Requesting Activity:

Natasha Williams, Technical Contact USDA, FSIS, Office of Outreach, Employee Education and Training 355 E. Street S.W.

Washington, D.C. 20250

2. Nature and/or description of the action being approved.

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The Food Safety and Inspection Service's (FSIS) Office of Outreach, Employee Education and Training's (OOEET) Outreach and Partnership Division (OPD) purchased booth space at the Annual Meat Conference on a sole source basis from the host of the event, the North American Meat Institute (NAMI).

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

The annual meat conference is a large meat industry conference where hundreds of FSIS stakeholder groups attend. In 2017, we anticipate more than 75 exhibiting companies will showcase their meat and poultry products, as well as state of the art technology, to more than 200 retailer representatives. This is only event dedicated to the retail segment of the meat and poultry industry.

The total value is $4892.50.

4. Identification of the statutory authority permitting other than full and open competition.

6.302-2- Unusual and Compelling Urgency

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Citation: 41 U.S.C. 253(c)(2).

Document Title

Justification of Limited Source or Other Than Full and Open Competition

This authority applies in those situations where--

(1) An unusual and compelling urgency precludes full and open competition; and

(2) Delay in award of a contract would result in serious injury, financial or other, to the

Government.

5. Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

An urgent and compelling award was made February 17, 2017 to NAMI, due to NAMI's inability to enter itself into the System for Award Management (SAM) prior to award, despite FSIS's best attempts for multiple weeks. No other qualified contractors who were successfully entered into SAM could provide these services.

Two outreach specialists from FSIS attended this event to support and provide customer service to FSIS stakeholders. Round trip airline tickets from Washington DC to Dallas, TX had been purchased in advance of the event in value of$800. Exhibit materials for the booth rental space had also been purchased in value of$559.58. Exhibit materials have also been shipped for the exhibit outreach in value of$140. These fees were all non-refundable and would have been wasted money had FSIS been unable to attend. FSIS also would have missed a mission critical outreach opportunity from a primary industry stakeholder, the Meat and poultry industry. ·

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

The North American Meat Institute is the only vendor who hosts the annual Meat Conference.

The annual meat conference gives FSIS its best opportunity to reach the retail segment of the meat and poultry industry, assisting FSIS in meeting its demographic and outreach needs. This is the only event dedicated to the retail segment of the meat and poultry industry.

7. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The contracting officer has determined the price fair and reasonable.

8. Description of the market survey conducted.

This is the only event of its kind dedicated to the retail segment of the meat and poultry industry.

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Document No. Document Title

Justification of Limited Source or Other Than Full and Open Competition

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

Any other facts? NI A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None

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11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The agency will continue to work with non-profit entities earlier in the acquisition process in attempts to get them successfully registered in SAM in a timely fashion.

12. CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

atasha Williams ogram Office and COR

Kim Toppin Contracting Officer

Joseph Pishioneri Head of Contracting Activity Designee

03/16/2017

Date

03/16/2017

Date

USDA Document No.

PCMB 015b Document Title

Justification of limited Source or Other Than Full and Open Competition

STATUTORY AUTHORITIES

FOR OTHER THAN FULL AND OPEN COMPETITION

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March 25, 2005

FAR 6.302-1- Only One Responsible Source and no Other Supplies or Services will Satisfy Agency Requirements Citation: 41 U.S.C. 253(c)(l).

When the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements, full and open competition need not be sought.

Examples:

• Laboratory equipment to meet a specific objective that is produced by only one manufacturer may be procured without competition.

• The existence of patent rights, copyrights, or secret processes.

• An acquisition that uses a brand name description or other purchase description to specifY a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. Such circumstances must be justified and approved (!'his does not apply to "brand-name or equal" descriptions).

• Contracts for supplies or services that result from acceptance of an unsolicited research proposal.

• Follow-on contracts may be deemed available from only one source when it is likely that award to any other source would result in substantial duplication of cost or unacceptable delays.

6.302-2- Unusual and Compelling Urgency Citation: 41 U.S.C. 253(c)(2).

When the agency's need for the supplies or services is of such an 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 proposals, full and open competition need not be sought. When using this authority, quotations or offers must be requested from as many potential sources as is practicable under the circumstances.

Example: Laboratory supplies necessary for an E. coli breakout may be procured from a known source with limited, or in some cases, no competition.

6.302-3 - Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services

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Citation: 41U.S.C.253(c)(3).

Document Title

Justification of Limited Source or Other Than Full and Open Competition

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Full and open competition need not be provided for when it is necessary to award the contract to a particular source in order to: 1) maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency; 2) to establish or maintain essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and developOment center; or 3) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

Example: Special inspection services for imported products after the Chernobyl nuclear disaster were contracted on a sole source basis.

6.302-4 - International Agreement Citation: 41 U.S.C. 253(c)(4).

Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization.

Example: Equipment in support of an inspection agreement at a foreign processing plant may be purchased from the plants usual supplier without further competition.

6.302-5 - Authorized or Required by Statute.

Citation: 41U.S.C.253(c)(5).

Full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. This includes the use of the 8(a) program, Federal Prisons, NIB/NISH, or GPO. Generally, a sole source justification is not required in these instances.

Example: Mailing services for the agency is provided by DC Association of Retarded Citizens, under a sole source award.

6.302-6 - National Security Citation: 41 U.S.C. 253(c)(6).

Full and open competition need not be provided for when the disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits proposals. This authority should not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

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6.302-7 - Public Interest Citation: 41 U.S.C. 253(c)(7)

Document Title

Justification of Limited Source or Other Than Full and Open Competition

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Full and open competition need not be provided for when the agency head determines that it is not in the public interest in the particular acquisition concerned. This authority should not be used without consulting the Contracting Officer first as it does require Congressional notification.