FY18_Sole_Source_JOFOC_rev_signed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

In accordance with the authority granted under FAR Part 6 and 13, this request for a noncompetitive acquisition is hereby submitted for consideration for acquisition approval.

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA, APHIS, Wildlife Services 4700 River Road, Unit 87 Riverdale, MD 20737

Contracting Activity:

USDA, APHIS MRPBS, AAMD

Minneapolis Procurement Branch 250 Marquette Ave, Ste. 410 Minneapolis, MN 55401

Proposed Contractor:

Foodsource Lure Corporation

POC: Steve Wisdom SAMS: Foodsource Lure Corporation

DUNS:144755324

Cage: 4TKC0

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Type of Action: The USDA APHIS Pocatello Supply Depot would like to establish a 5-year BPA for Incortrix bait powder

3. A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

The Contractor will provide deliveries of Incortrix bait powder to:

USDA Pocatello Supply Depot 238 E. Dillon Street Pocatello ID 83201 POC: Patrick Darrow – 208-236-6920

All deliveries must occur during normal business hours from 8:00am – 4:30pm. The subject vender shall fill all orders placed before 2:00 pm within 2 - 6 weeks. The subject vender shall acknowledge all orders via facsimile, telephone, or electronically. If an item is not available for delivery, the subject vender shall notify the Pocatello Supply Depot cardholder prior to delivery of the other items. And give the user the option to cancel the order or place the item on back order.

Estimated Acquisition Value: NTE $500,000

4. IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

41 U.S.C. 3304 (a) (1)

Per FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

5. AUTHORITY: Select only one of the authorities cited.

FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

6. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

Incortrix bait powder is an inactive ingredient in an experimental veterinary biological animal vaccine bait manufactured by the Pocatello Supply Depot. The Incortrix Bait Powder acts as a carrier for an oral sylvatic plague vaccine used to mitigate the occurrence of sylvatic plague outbreaks in prairie dog colonies. This experimental use has been developed through cooperative research conducted by the Colorado Parks and Wildlife, U.S. Department of Agriculture’s Animal Plant and Health Inspection Service – Wildlife Services (USDA/APHIS/WS), U.S. Fish and Wildlife Service, and the World Wildlife Fund and is overseen by the USDA/APHIS Center for Veterinary Biologics. Based on several years of previous research, Incortrix is the approved and proven carrier for this vaccine bait. Incortrix is a proprietary and patented product available only from the manufacturer (Foodsource Lure Corporation). Foodsource Lure Corporation indicates that they do not sell Incortrix Bait Powder to other retailers or wholesalers so Foodsource Lure Corporation is the only source.

In accordance with FAR 13.106-1(b)(1), there is only one responsible source of the required supplies. Only FoodSource Lure Corporation has the needed experience and track record in developing baits for wild animals that meet these criteria. Their patented formula has been used to provide an oral delivery system for medicines, vaccines, and contraceptives in mammals. The formula has a unique ability to encapsulate virtually any material and because the baits can be made at relatively low temperatures compared to all other polymers, active ingredients can be added without inactivating or reducing their potency. Also the property of the material allows for the active ingredients to be added thoroughly throughout the bait allowing for an even distribution. The material also acts as a stabilizer for "active" or "live" components, such as live virus vaccines. The bait has a long shelf-life and in its most processed form the titer of the active ingredients have remained at satisfactory levels. The bait matrix is 100% environmentally friendly and is completely biodegradable. It has been demonstrated as a highly stable medium for similar live viral vaccines by others (including Merial and Tufts University). The National Wildlife Health Center’s extensive research on this FoodSource Lures product has shown that the bait material stabilizes and protects live virus vaccine from heat and other adverse environmental conditions (for more than a week at 80 F) and is highly palatable to prairie dogs in field trial. We could find no other bait formulas that met these specific criteria and this is the bait material used in field trials for the last 3 years. To be consistent with our studies, we need to use the same material.

The Pocatello Supply Depot has been asked to manufacture this plague vaccine bait for the first time on a large scale and will need approximately 700 kilograms of Incortrix per year to manufacture enough baits to fill all of the orders we have received from Federal, State and Tribal Agencies. Without this ingredient, the PSD will not be able to manufacture the vaccine baits and the chance of outbreaks of sylvatic plague will increase which is a threat to human health and safety as well as a threat to Federal Threatened and Endangered species.

Because no other company produces Incortix, an award to any other source would result in the need for additional research to determine the palatability and efficacy of the new carrier and result in the duplication of costs to find another carrier. These steps would also create an unacceptable delay to USDA and its partners in this project.

7. 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:

Because there is no other manufacturer of Incortrix Bait Powder, and because Foodsource Lure Corporation is the only vendor of Incortrix Bait Powder, efforts to obtain any competition for the product were not successful. A previous sources sought notification posted on for a prior order did not result in any other vendors coming forward with a comparable alternative.

8. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

The Government believes the current pricing received is fair and reasonable based on the same bulk discounted pricing previously received from the vendor. The per kilogram pricing is also less than the per kilogram pricing for other rodent bait substances found during market research.

9. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR

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

MARKET RESEARCH WAS NOT PERFORMED:

Foodsource Lure Corporation is the sole manufacturer of Incortrix Bait Powder and the USDA/APHIS/WS Pocatello Supply Depot is the main customer for Incortrix Bait Powder for use in a Sylvatic Plague Vaccine Bait. Other bait substances found did not have the characteristics identified as necessary for the oral delivery of the sylvatic plague vaccine.

10. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL

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

None

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

INTEREST IN THE ACQUISITON:

At this time no other entities have expressed interest.

12. 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:

There is no indication that this product will be available from any other distributor.

However, should additional companies become available, the PSD will solicit those entities to determine the best source to purchase Incortrix Bait Powder or acceptable alternatives.

13. I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS

JOFOC IS ACCURATE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE AND BELIEF.

(Certification requires the signature of the contracting officer and program manager, and shall include the date)

Contracting Officer Date Patrick Darrow Date

Program Manager Pocatello Supply Depot

PATRICK

DARROW

Digitally signed by PATRICK DARROW DN: c=US, o=U.S. Government, ou=Department of Agriculture, cn=PATRICK DARROW, 0.9.2342.19200300.100.1.1=12001000169172 Date: 2018.03.14 14:46:24 -06'00'