JOFOC__AG-6395-C-16-0031.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(SOLE OR SINGLE SOURCE

In accordance with the authority granted under FAR Part 13, this request for a noncompetitive acquisition is hereby submitted for consideration for acquisition approval.

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA APHIS SPRS Logistics Center 3500 E 149th St Suite 300 Kansas City, MO 64147

Contracting Activity:

USDA, APHIS, MRPBS, ASD

Minneapolis Procurement Branch Butler Square, Fifth Floor 100 North 6th Street Minneapolis, MN 55403

NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Firm Fixed Priced Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for 5 gallon containers (48/pallet) or 55 gallon drums (4/pallet) of Phos-Chek WD881 Class A foam concentrate with a cost reimbursement line item for transportation. The period of Performance is for a base period of 12 months and four (4) 12 month Option Periods.

The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

SURGE QUANTITIES -

Indefinite Delivery Indefinite Quantity (IDIQ) contract will be used for surge support at a fixed price and cost reimbursement for transportation.

Need to be able to deliver a minimum of 26 pallets of either the 5 gallon containers or 55 gallon drums Anywhere in the continental U.S. within 48hours.

A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

Phos-Chek WD881 Class A foam concentrate

• Viscosity of 50 centipoise at 75 degrees F, 150 centipoise at 40 degrees F, 450 centipoise at 32 degrees F

• Density of 8.53 lbs per US gallon

• pH of 7.0 – 8.5

In addition, the foam shall meet the following:

• USDA Forest Service approved

• Underwriters Laboratory (U/L) Listed Wetting Agent

• Contain no hazardous materials

• Readily biodegradable

IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

The statutory authority is 41 U.S.C. 253( c )(1)

FAR 6.302-1

The property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency

The US National Veterinary Stockpile (NVS) is the nation's repository of vaccines and other critical veterinary supplies and equipment. It exists to augment state and local resources in the fight against dangerous animal diseases that could potentially devastate American agriculture, seriously affect the economy, and threaten the public’s health.

According to Dana Vrooman (Logistics Management Specialist/USDA APHIS VS/NVS) During the HPAI 2015 outbreak another brand of foam used failed to produce foam that would hold up long enough to complete effective depopulation of infected premises leading to animal welfare issues. NVS did not have a single failure or any other issues with the Phos-chek product received in support of outbreak operations.

Through research completed by the University of Delaware who were instrumental in the development of the Kifco Avi-Foam unit the NVS deploys and the North Carolina Department of Agriculture who created the portable crated foam systems in the NVS inventory Phos-chek WD881 has proven to produce a better quality foam and has fewer corrosive properties than the other brand used, which extends the life of our equipment.

The quality of the foam produced allows NVLS teams to quickly complete the required depopulation operations greatly reducing animal welfare concerns on the sites.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS, OR WILL BE,

PUBLICIZED AS REQUIRED BY FEDERAL ACQUISITION REGULATION

(FAR) SUBPART 5.2, AND IF NOT, WHICH EXCEPTION UNDER FAR 5.202

APPLIES:

FedBizopps Sources Sought Notice - APHIS-NVS-15-325320 was issued 8/11/2015 and closed on 9/11/2015 1 vendor replied with offer of Alternate product:

EarthClean Corporation

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,

EQUIPMENT, OR SERVICES REQUIRED:

Will Continue to search for similar products and advertise new requirements on www.fbo.gov http://www.fbo.gov/