Single Source Justification Exceeding SAT - Walleye_CO_S.pdf

United States Department of Agriculture Sole Source Justification under

Simplified Procedures for Certain Commercial Items (FAR 13.5)

1. Identification of the agency and the contracting activity.

United States Department of Agriculture (USDA), Food and Nutrition Service (FNS), Household Operations Branch (Agency)

United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Proteins, Grains, and Oilseeds Procurement Division (Contracting Activity)

2. The nature and/or description of the action being approved.

The USDA has a requirement provided by a single source and will enter into a firm fixed-price contract with Red Lake Nation Fisheries, using the simplified acquisition procedures for certain commercial items under Federal Acquisition Regulation (FAR) Part 13.5.

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

USDA, FNS, Household Operations Branch has a requirement for following.

WALLEYE FILLETS FRZ PKG-40/1 LB–

• Estimated total quantity – 72,000 / 2 truckloads

• Estimated value of this procurement is $1 million. It is the anticipated that awards will be made March 1, 2025 – March 31, 2025.

4. The statutory authority permitting other than full and open competition.

41 U.S.C § 1901 - Simplified Acquisition Procedures up to $7.5 million, as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Supporting rationale demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The Agricultural Acquisition Regulation (AGAR) 470.103 requires that commodities acquired for use by the Food and Nutrition Service shall be a product of the United States, except as may otherwise be required by law, and shall be considered to be such a product if it is grown, processed, and otherwise prepared for sale or distribution exclusively in the United States except with respect to ingredients. Ingredients from non-domestic sources will be allowed to be utilized as a United States product if such ingredients are not otherwise:

(1) Produced in the United States; and

(2) Commercially available in the United States at fair and reasonable prices from domestic sources.

Through market research, it has been determined that Red Lake Nation Fisheries is the only processor of 100% domestically sources walleye fish.

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

Sources Sought Notice for the commercial availability of domestically produced walleye for USDA Food Programs was sent via GovDelivery and posted on SAM.gov.

WALLEYE_SOURCES_SOUGHT_11-18-24 No responses were received from vendors.

Notice of Intent to issue a sole source award to Red Lake Nation Fisheries will be posted on SAM.gov stating that any responsible sources capable of providing the required products may identify interest and technical capability to meet this requirement. If any company shows interest, information will be considered before the award stage.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Prior to awarding this contract, AMS will use a combination of historical prices paid for the same item, published prices, and recommendations from the Agriculture Marketing Service, Livestock Poultry program economist to determine if the price offered is fair and reasonable. (FAR 15.404-l(b)(2).

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Sources Sought Notice for the commercial availability of domestically produced walleye for USDA Food Programs was sent via GovDelivery and posted on SAM.gov.

WALLEYE_SOURCES_SOUGHT_11-18-24 The response period was November 18 - December 18, 2024. No responses were received from qualified vendors.

Food Safety and Technology Branch (FSTB), Standards and Specifications Division (SSD) conducted a survey of the market for any additional vendors and determined Red Lake Nation Fisheries was the only company that meets the domestic origin requirements of AGAR 407.103.

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

None

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

1. Red Lake Nation Fisheries https://sam.gov/opp/eec383d186974105abbc0f5b68e6fae1/view https://sam.gov/opp/eec383d186974105abbc0f5b68e6fae1/view

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

1. Government will continue to monitor market for future competition.

Certifications & Approvals

Supporting data which form the basis for and included in this justification are certified accurate and complete.

Danielle Lyons Household Operations Branch Chief

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Carrie Meyers Contracting Officer Livestock, Poultry and Fish Branch AMS Commodity Procurement Program

Additional Reviews & Approvals

Advocate for competition for the procuring activity (if over $750,000). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity/MASCO, I hereby approve this justification.

Larry Nelson Competition Advocate