SoleSource_Co-Ral.pdf

USDA, APHIS, MARKETING AND REGULATORY SERVICES

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

In accordance with the authority granted under FAR Part 13.5, 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/VS/Tick Office 7209 E. Saunders Suite 4 Laredo, TX 78041

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 Quantity/Indefinite Delivery Contract to supply (Co-Ral) Cattle Insecticide to the USDA/APHIS/VS Tick Ofice located in Laredo, TX. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and shipping to the Laredo, TX site.

A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

Co-Ral (Brand) Cattle Insecticide for the USDA/APHIS/VS Tick Office located in Laredo, TX. 2016 price will remain at $439.50 per 2-gallon unit/ Each case consists of (2)-two gallon jugs. 439.50 x 2 (two gal jugs)/cs = $879.00/cs x 334cs = $293,586.00

IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

Authority 41 U.S.C. 253(c)(1) FAR Part 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

According to USDA Veterinary Services Memorandum 556.1; Co_Ral ® is the only authorized insecticide for use in livestock dipping to combat Cattle Fever Tick infestation. Bayer Healthcare LLC is the sole producer of this product.

A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

CoRal Flowable Insecticide – in the 2 gall container is not sold to the general public.

According to the Bayer HealthCare LLC; The CoRal Fly & Tick Spray sold on the open market in 64oz containers contains 5.8% active ingredient while the 2 gallon CoRal Flowable contains 42% active ingredient. CoRal Flowable is the only product that is labeled for use in dip vats and requires an applicators license to purchase and apply.

A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

CoRal Flowable Insecticide has been previously purchased for use by the USDA/APHIS/VS Tick Ofice under contract# AG-6395-C-10-0141 therefore adequate pricing information exists from the previous contract. The Government

Contract# AG-6395-C-10-0141 price of $439.50 per 2-gallon unit/ Each case consists of (2)-two gallon jugs. 439.50 x 2 (two gal jugs)/cs = $879.00/cs

The government intends to negotiate and establish a fair and reasonable price despite the lack of current competitions.

A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR

PART 10) AND THE RESULTS, OR AN EXPLANATION OF THE REASON

MARKET RESEARCH WAS NOT PERFORMED:

FedBizopps Special Sole Source Notice# PR-16-811978 / posted 07/14/2016 and closed on 07/29/2016 No Response - No Vendor Capability documentation submitted

ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL

AND OPEN COMPETITION - FAR 6.303-2(a)(9):

According to USDA Veterinary Services Memorandum 556.1; Co_Ral ® is the only authorized insecticide for use in livestock dipping to combat Cattle Fever Tick infestation. Bayer Healthcare LLC is the sole producer of this product.

A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITON:

None

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 advertise new requirements on Fedbizopps.

United States Department of Agriculture

Animal and Plant Health Inspection Service

Veterinary Services

Washington, DC 20250

NOVEMBER 1, 2006

VETERINARY SERVICES MEMORANDUM NO. 556.1,

SUPPLEMENT NO. 1

SUBJECT: Permitted Pesticides for Official Use against Cattle Fever Ticks

TO: VS Management Team Directors, VS

I. PURPOSE

This supplement to Veterinary Services Memorandum 556.1 updates the proprietary brands of pesticides that have been accepted for official use against cattle fever ticks.

These permitted brands are registered with the appropriate Federal agency and have undergone evaluation to ensure their efficacy when used in cooperative eradication and control programs, and at border ports of entry.

II. CANCELLATION

This supplement cancels Veterinary Services Memorandum 556.1, Supplement No. 1, dated January 6, 1984.

III. GENERAL

The pesticides and the concentrations at which they may be used against ticks are listed in the Code of Federal Regulations, Part 72.13.

IV. PERMITTED PROPRIETARY BRANDS FOR USE AGAINST TICKS

A. Coumaphos: Co-Ral® Flowable Cattle Insecticide

Manufacturer: Bayer Healthcare LLC Animal Health Division Address: P.O. Box 390, Shawnee Mission, KS 66201

The use of registered trade names in this memorandum does not imply an endorsement of those products or the manufacturers thereof by Veterinary Services.

John Clifford Deputy Administrator Veterinary Services

Safeguarding American Agriculture

Federal Relay Service APHIS is an agency of USDA’s Marketing and Regulatory Programs (Voice/TTY/ASCII/Spanish)

An Equal Opportunity Provider and Employer 1-800-877-8339