A.02.06 Redacted Justification and Approval for Other Than Full Open Comp (JA)_09Apr2024.pdf

CUI//SP-SSEL//FEDONLY

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITON

J&A Log No. PANNAD-24-P-0000 002357

Raystown Lake Aquatic Herbicide, Raystown Lake, Hesston, PA

1. CONTRACTING AGENCY: Department of Army, United Stated Army Corps of Engineers (USACE), Baltimore District, (CENAB) 2 Hopkins Plaza, Baltimore, Maryland 21201.

2. DESCRIPTION OF ACTION: The U.S. Army Corps of Engineers, Baltimore District (CENAB) is requesting approval to procure brand name herbicide chemicals for the treatment of aquatic invasive plants in Raystown Lake, Hesston, PA. This contract will be firm fixed-price and awarded to the lowest bid technically acceptable. The period of performance (POP) is date of award through September 30th, 2024.

3. DESCRIPTION OF SUPPLIES/SERVICES: This project includes the purchase of specific products due to their granular nature, past use at Raystown, and recommendation from other USACE biologists that deal with aquatic invasive plants on a regular basis. Granular products are slowly released into the water column, ensuring a longer retention time and contact with the target plant. Raystown Lake is not a true lake, but rather a reservoir, and due to the movement of water, a pelletized product can increase the exposure time of the herbicide to the target plants.

This treatment plan was well thought out based on data from our yearly studies observing hydrilla presence throughout Raystown Lake, and assessment of treated areas vs non-treated areas.

SonarOne will be applied in our coves and near boat launches where water retention rates are slightly higher. This product allows us to apply at extremely low rates around 3 ppb, but still be effective. Aquathol Super K and Harpoon Granular will be applied near our dam where water retention times are at the lowest. This treatment plan was originally developed by USACE biologists for areas with extremely high flow rates, which is why this product combination were chosen for this area.

The three chemicals can only be provided in their granular form from the following manufacturers:

Sonar One – SeaPRO Harpoon- SeaPRO Aquathol Super K- United Phosphorous, Inc.

In order to achieve the desired effect, the brand name chemicals (no equivalent or generic) must be procured based on the conditions on/at the lake.

No option years are available for this contract due to the change in treatments each year. This is not a modification to an existing contract; this is a new service contract that will be awarded during the 2nd Quarter, fiscal year of 2024 (FY24).

Table 1 lists the brand name items and application for this J&A.

Table 1 - Brand Name Item Description

09 April 2024

Item/Product Manufacturer Description

Sonar One SeaPRO

Granular form of fluridone that provides a slow release of fluridone over a 3-week period.

During this time concentrations are as low as 3ppb, which is what makes this treatment so effective.

Harpoon Granular SeaPRO

Chelated copper complex that weakens the aquatic plants and allows the aquathol to be most effective.

Aquathol Super K

United Phosphorous, Inc.

Granular form of endothall which provides a 2-day slow release of the chemical to increase target plant contact time.

4. AUTHORITY CITED: 10 United States Code 2304 (c)(1), as implemented by FAR 6.302-1(a)(2) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” In accordance with Section 888(a) of the National Defense Authorization Act (NDAA) for Fiscal Year 2017 (FY17) (Public Law 114-328) as implemented by Defense Acquisition Regulation Supplement (DFARS) 206.302-1(a), this justification and approval (J&A) is required for this brand name only procurement for the Raystown Lake Aquatic Herbicide located at Raystown Lake in Hesston, PA.

The three chemicals can only be provided in their granular form from the following manufacturers:

Sonar One – SeaPRO Harpoon- SeaPRO Aquathol Super K- United Phosphorous, Inc.

In order to achieve the desired effect, the brand name chemicals (no equivalent or generic) must be procured based on the conditions on/at the lake.

5. REASON FOR AUTHORITY CITED: Successful completion of this project can’t be achieved without the brand name chemicals for this invasive aquatic treatment. Raystown Lake is a reservoir, and as such the water flows through this system, rather than being stagnant like a true lake. Due to the water movement through this system, a granular product is required to increase chemical contact time with the target plants. Furthermore, in past years we have used all three brand name products with great success, and we want to continue using a product that is effective at reducing invasive aquatic plants. One of our natural resource missions is to properly manage the resource to reduce invasive plant presence, and without a proper product we cannot achieve this mission. (add what other contracts were awarded that used these granular products).

Background:

The USACE, Baltimore District, has been tasked to solicit and award an aquatic herbicide service contract to treat invasive aquatic plants on approximately 72 acres of water at Raystown Lake, Hesston, PA. The target zones are boat launches and high traffic areas that could lead to the release of aquatic invasive plants from Raystown Lake into other bodies of water. The main plant that we are targeting with these treatments is hydrilla, which is a fast-growing aquatic invasive plant. Without proper treatment to control this species it can grow out of control and reduce water quality conditions leading to the die-off of native fish species.

Justification:

The inclusion of brand name only aquatic herbicides is important to the overall treatment of aquatic invasives in Raystown Lake. This treatment area is a reservoir, and as such there is water movement through this water body, unlike a true lake. Furthermore, there is also lots of boat traffic throughout our summer season that increases the movement of water near our treatment areas.

We are specifically treating high traffic areas and boat launches which area already seeing more boat traffic, again increasing the water movement in these areas. The way that aquatic herbicides work is that they must stay in contact with the target plants for a minimum period of time in order to provide a lethal dose to the plants. Fluridone must be in contact for 45 days, and Endothall must be in contact for 12-36 hours to work as intended. Similarly, the chelated copper needs to have enough contact time with the plant to prevent enzyme production and allow the endothall to be more productive at killing the target plants. Due to the nature of Raystown Lake, a liquid form of this chemical cannot be used to effectively treat the target plants because the contact time with the active ingredients will not be long enough to provide a lethal dose. For this reason, we need to apply the brand name granular form of these products to allow for the slow release of the active ingredient into the water column and increase the contact time. We have used SonarOne, Aquathol Super K, and Harpoon Granular in past years for treatment of hydrilla in Raystown Lake. During that time, we saw desirable results, which is why we are requesting to use these name brand products again. Furthermore, there are few granular products on the market, and the ones that exist are made by these same two manufactures that are listed above.

Beyond the physical characteristics of Raystown Lake, we have worked with USACE biologists at the Environmental Research and Development Center (ERDC) in Vicksburg, MS and the Buffalo District in Buffalo, NY to develop this treatment plan for Raystown Lake. We perform yearly inspections of the 118 miles of shoreline to determine the presence of aquatic invasive plants. With this data we can determine the location of hydrilla in Raystown Lake and compare treated areas to non-treated areas. From this study we were able to determine that by using these name brand products we were able to effectively decrease hydrilla presence inside the treatment areas.

Furthermore, the state of PA requires both a joint permit (DEP and PA Fish and Boat Commission) and PAG-15 NPDES permit that require us to state what chemicals (brand names) that we will be using during the upcoming treatment year. This paperwork for the 2024 season was filed in October of 2023. When this paperwork is submitted, we must provide the product labels with the permit application stating the brand name chemical we will be using. This process is not free, and we are not exempt from the process because the permit is from a state agency. If we are required to solicit based on the active ingredient and not the name brand product, we will need to re-do all paperwork, and pay for the process again, after the contract is awarded. This will lead to a major delay in when the first application can take place. If we miss our target application window, this will make our treatment ineffective.

Alternatives:

If this brand name J&A is not approved for this project, our 2024 aquatic herbicide treatments will not be effective at killing hydrilla. This will result in a lower quality of work completed, increased chance for invasive species to spread to other bodies of water, and wasted money on a treatment that did not work. SonarOne, Aquathol Super K, and Harpoon Granular have all been used at Raystown in the past and have shown favorable results, which is why they were specifically requested for this treatment. By using a non-name brand product, we will also make the government incur additional fees in redoing permits.

Impact:

Treatment plans would need to be completely redone if a non-name brand product were to be used.

The requested product amount is based on the pounds of name brand pounds and not on the amount of active ingredient that should be placed in each treatment area. Rewriting the treatment plan would delay our contract to the point where it will not be awarded in time for the first application to take place. There is a narrow window of time for the treatment applications to begin in order for the treatment to be effective. Outside this window the plants will produce too much plant biomass and will have too large of an energy store for the chemicals to effectively treat the aquatic invasive plants. Furthermore, as stated above, we will be required to resubmit permit applications for the chemical herbicide applications which will delay applications and increase government costs.

6. EFFORTS TO OBTAIN COMPETITION: The USACE, Baltimore District, has been tasked to solicit and award a service contract for the application of aquatic herbicide in Raystown Lake, Hesston, PA to control aquatic invasive plants. Competition is limited to SonarOne, Aquathol Super K, and Harpoon Granular based on past treatments, movement of water in Raystown Lake, and permits that have already been received for the application of these products. This contract will be awarded competitively to the lowest bid technically acceptable. It is expected that the contractor awarded this contract will supply SonarOne, Aquathol Super K, and Harpoon granular for the treatment of aquatic invasive plants. CENAB worked to ensure that this project is being awarded through full and open competition and competition is only limited when ensuring a quality product. Raystown staff also provided a bidders list for this contract that included small businesses.

7. ACTIONS TO INCREASE COMPETITION: On 27 March 2024, the Government posted a Notice of Intent (NOI) to Sole Source the brand Sonar One (granular), Harpoon Granular, and Aquathol Super K (granular), on beta.sam.gov to locate firms that would be capable of providing these specific items for this requirement. Zero (0) firms provided capability statements in response to the NOI to Sole Source. One (1) firm indicated they were interested in providing the three chemicals in their granular form, but advised they were from the same manufacturers in which the brand name J&A is being approved for.

8. MARKET RESEARCH: On 27 March 2024, the Government posted a NOI to Sole Source Sonar One (granular), Harpoon Granular, and Aquathol Super K (granular) in order to award a brand name sole-source acquisition and present firms the opportunity to submit capability statements. The Government also reviewed qualifications of firms that have previously worked with the USACE. After posting the Notice of Intent to Sole Source, zero (0) firms provided capability statements in response to the NOI to Sole Source. One (1) firm indicated they were interested in providing the three chemicals in their granular form, but advised they were from the same manufacturers in which the brand name J&A is being approved for.

9. INTERESTED SOURCES: To date, zero (0) firms have provided capability statements in response to the NOI to Sole Source posted to beta.sam.gov on 27 March 2024. One (1) firm indicated they were interested in providing the three chemicals in their granular form, but advised they were from the same manufacturers in which the brand name J&A is being approved for. The respondent to the NOI to Sole Source did not provide alternate products for the herbicide control services. The one firm that responded to the NOI to Sole Source was Farmers Fertilizer Co.; this firm is a certified 8(a) small business.

10. OTHER FACTS (Procurement History): A brand name product was used for similar Raystown Lake contracts for aquatic herbicide control services, which were procured through a small business set-aside and administered by USACE on contract W912DR21P0039 awarded on 02 June 2021.