NOTICE OF INTENT TO AWARD SOLE SOURCE Purchase of Defatted Toasted Soybean Grits

The Government hereby submits a notice of intent to award a sole source firm fixed price to purchase Defatted Toasted Soybean Grits by Original Foods CO LLC, which is the only company that can provide the soybean grits. Toasted soy protein is a crucial part of the Mexican fruit fly diet. Current contracted vendor, Original Food, Inc., is unable to deliver the first shipment of Toasted Soy Flour on time due to the manufacturer's inability to make the product in the US. The manufacturer, Archer Daniels Midland (ADM) , had a fire in their Decatur, IL facility in September 2023 and is now manufacturing the product elsewhere. The rearing facility located in Edinburg, TX is almost out of stock and per vendor, ADM shipped out the product from their facility in Serbia and is scheduled to arrive to New York, NY by 8/30/2024. Once in the states, it can take an additional 4 weeks to arrive it's destination at the Mexican Fruit Fly Rearing Facility in Texas. This is an Emergency purchase required to avoid a production stoppage. A stoppage would negatively impact the agency's ability to meet mission program requirements and will negatively impact the citrus industry in Texas. 

CONTRACTOR PERFORMANCE REQUIREMENTS

A comprehensive review of the alternative product (toasted soy grit) was conducted and approved by S&T Insect Management and Molecular Diagnostics Laboratory (IMMDL) as a viable product for the continuation of mass rearing of the Mexican Fruit Fly.Two other vendors, Batory Foods and St. Charles Trading Inc, were contacted about toasted soy products and neither one had product available due to the same accident from ADM. These two vendors suggested Prolia Soy Flour, which was also tested by S&T and was found NOT suitable for our needs.

The period of performance for this effort will be for immediate delivery. 

Responses to this notice must demonstrate clear and convincing This procurement is being conducted in accordance with Federal Acquisition Regulation (FAR) 6.302-1The statutory authority is 41 U.S.C. 253(c )(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.

And 6.302-1 (ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in-

(A)    Substantial duplication of cost to the Government that is not expected to be recovered through competition; or
(B)    Unacceptable delays in fulfilling the agency’s requirements. 41 U.S.C.
3304(b)(2).)g evidence that competition would be advantageous to the Government, would not be cost or time prohibitive, and would not hinder the mission objective of the national solid waste recycling measurement initiative.
The determination not to compete this proposed contract action is solely within the discretion of the Government. Information received will normally be considered for the purposes of determining whether to conduct a competitive procurement. The Government will not be responsible for any costs incurred by responding to this notice.

This is NOT a request for quotes or proposals.

Questions or comments to this Notice of Intent should be directed to Contracting Officer, Latisha Hollman, at latisha.a.hollman@usda.gov via e-mail only (no phone calls/voice mail messages regarding questions will not be accepted and will not receive a response). Please indicate in the subject of your email: Notice of Intent Question Submission – REQ 11338126

Thank you.