HPAI Urgent and Compelling Justification

(1) Justifications for other than full and open competition United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Veterinary Services (VS) (program) MRPBS Acquisition and Asset Management Division (AAMD) Minneapolis (Contracting Activity) (2) Various supply and service contracts (see 3 below) awarded in support of the High Path Avian Influenza (HPAI) emergency outbreak in the following states: Arkansas, California, Indiana, Iowa, Idaho, Kansas, Kentucky, Minnesota, Missouri, Montana, Nebraska, North Dakota, Nevada, Oregon, Utah, South Dakota, Washington, Wisconsin and Wyoming (3) A description of the supplies or services required to meet the agency's needs (including the estimated value). Bird Removal - 562910 AG-6395-C-15-0077 - Sonstegard Foods Company, $3,714,958 AG-6395-C-15-0078 - Raveling Inc, $1,005,600 Carbon Source Materials (wood chips, sawdust, corn stover) - 311221, 113210, 321113 AG-6395-C-15-0079 - Poet-DSM Project Liberty, $5,782,000 AG-6395-C-15-0080 - Denali Energy Services, $700,000 AG-6395-P-15-0296 - Karjicek Inc., $40,000 AG-6395-P-15-0353 - Kolbeck Inc., $218,500. AG-6395-P-15-0333 - BERNIE REZAC, $130,000. Composting expert consultation - 541620, 311611 AG-6395-P-15-0362 - Edward Malek, $34,227.91 Car rental - 532111 AG-6395-D-15-0270 - AVIS Rent A Car System, $105,000.00 Equipment Rental - 532490 AG-6395-D-15-0277 - United Rentals Inc., $51,080.79 Landfill - 562212 AG-6395-C-15-0088 - NORTHWEST IOWA AREA SOLID WASTE AGENCY, $418,000 AG-6395-C-15-0085 - METRO WASTE AUTHORITY, $416,100 AG-6395-C-15-0090 - IOWA WASTE SYSTEMS, INC, $1,950,000 AG-6395-C-15-0093 - CHEROKEE COUNTY SOLID WASTE COMMISSION, $123,840.00 Depopulation Support Services/Supplies - 562910, 453998, 325998, 326111, 448150, 541611 AG-6395-P-15-0193 - West Central Environmental Consultants, $30,862.14 AG-6395-P-15-0251 - West Central Environmental Consultants, $1.2 million AG-6395-P-15-0256 - North Carolina Dept. of AG, $1.5 million AG-6395-P-15-0227 - American environmental Supply, $35,000 AG-6395-P-15-0252 - ICL PERFORMANCE PRODUCTS LIMITED PARTNERSHIP, $1.45 million AG-6395-P-15-0272 - West Central Environmental Consultants, $860,400 AG-6395-P-15-0274 - GEORGIA POULTRY IMPROVEMENT ASSOCIATION, $254,628 AG-6395-P-15-0300 - FOOD AND FORESTRY, OKLAHOMA DEPT OF AG, $56,248.32 AG-6395-P-15-0310 - GENERAL ENVIRONMENT SERVICES, $4,436,858 AG-6395-P-15-0317 - ORGANIC SOLUTION MANAGEMENT LLC, $776,725 AG-6395-P-15-0319 - Center Fresh Euthanasia, $748,000 AG-6395-P-15-0320 - Airgas Inc, $56,562.50 AG-6395-P-15-0328 - Virginis Dept. of AG and Consumer Services, $167,187.80 AG-6395-P-15-0338 - Willmar Poultry Company, inc, $200,000 AG-6395-P-15-0342 - Denali energy Services, $21,355.00 AG-6395-P-15-0350 - Environmental Solutions, $30,000 AG-6395-P-15-0357 - Witt O'Briens, $1,630,000 AG-6395-P-15-0326 - Clean Harbors Environmental Services, $2,550,000 AG-6395-D-15-0282 - Witt O'Briens, $200,000.00 Water Hauling - 484121 AG-6395-P-15-0293 - JME COMPANIES, $50,000 AG-6395-P-15-0279 - KANE LOGISTICS, $150,000 AG-6395-P-15-0295 - WAYNE TRANSPORT, $50,000 AG-6395-D-15-0278 - BAY WEST, $500,000 AG-6395-P-15-0288 - AUTUMN TRANSPORT, $50,000 (4) Statutory authority permitting other than full and open competition 6.302-2 -- Unusual and Compelling Urgency 10 U.S.C. 2304(c)(2) (5) Given the unusual and compelling urgency of the HPAI outbreak contractors were chosen based on their ability to supply the necessary supplies or services in the timeframes allotted. (6) In as many situations as possible multiple quotes were requested in writing or orally following FAR 13 procedures and an exception to the subpart 5.2 exists under 5.202 (a)(2) "The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203" (7) Fair and reasonable determinations were made for each procurement based on market research, comparison with other Government procurements, multiple quotes, contracting officer or program personnel knowledge. (8) Market research is occurring on a continuous basis through the following methods: (i) Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements. (ii) Reviewing the results of recent market research undertaken to meet similar or identical requirements. (iii) Querying the Government wide database of contracts and other procurement instruments intended for use by multiple agencies. (iv) Participating in interactive, on-line communication among industry, acquisition personnel, and customers. (v) Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources. (vi) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line. (vii) Conducting meetings and holding conferences with potential offerors early in the acquisition process (viii) Use of local SBA and PTAC offices (9) Any other facts supporting the use of other than full and open competition, such as: The urgent and compelling nature of these procurements involve depopulating and disposing of HPAI infected flocks. In order to minimize the chance of the disease spreading these activities must occur as quickly as possible to minimize the economic disruption estimated in the hundreds of millions of dollars. (10) Various sources have expressed interest in the tasks associated with this effort. When possible quotes have been solicited from these companies to increase competition. (11) APHIS is requesting quotes from as many companies as possible. As the emergency slows down we are in the process of getting FBO.gov notices seeking companies that perform the work necessary so we can have a list of qualified vendors. There is a discussion on getting some longer term contracts in place over the next year in the even this (or a similar) outbreak occurs again. To the maximum extent possible we are using existing USDA contracts and small business. (12) This justification is accurate and complete to the best of the contracting officer's knowledge and belief. Approved: Larry Nelson USDA APHIS Contracting Officer and Competition Advocate.