Urgent HPAI order for Phos-chek Foam WD881 Brand Name or Equal
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This contract involves a firm fixed price urgent order for 240 drums of Phos-chek Foam WD881, a brand name or equivalent product, to support the response to Highly Pathogenic Avian Influenza (HPAI) outbreaks, specifically for depopulation efforts. The supplies are to be shipped on heavy-duty pallets, with all associated costs including overhead, administrative expenses, profit, insurance, and transportation covered. The order is part of the U.S. National Veterinary Stockpile's strategic efforts to ensure rapid deployment of veterinary supplies in response to large-scale animal disease outbreaks, as mandated by Homeland Security Presidential Directive 9. The contract is justified under FAR 13.5 as a sole-source procurement because Phos-chek WD881 has demonstrated superior performance during previous outbreaks, notably outperforming other brands in foam durability and equipment longevity, which are critical for effective depopulation and animal welfare. The product’s proven quality and the NVS’s reliance on this specific foam to ensure quick, effective operations make it the only responsible source for this requirement. The contract is set aside for small businesses under the SBA total small business set-aside program, with the Department of Agriculture overseeing the procurement, and the primary point of contact being Carol Dingess.
General Info
Agency
Place of Performance
Kansas City, MO, 64147, USASet-Aside
Documents
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Timeline
Organization & Contact Information
Full Description
Brand Name Justification: Reference IDIQ Contract 12639522D0069
Order# 12639525F0393
Firm Fixed Priced Urgent Order for Phos-chek Foam WD881 (52.211-6 Brand Name or Equal. (AUG 1999). Quantity of 240ea 55 gal drums (4 drums per pallet) To be shipped on heavy duty pallets est. 400lbs. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation.
Supplies are needed for HPAI Responses to depop poultry
Homeland Security Presidential Directive 9 established The US National Veterinary Stockpile (NVS) in 2004. It required the NVS to deploy within 24 hours “sufficient amounts of animal vaccine, antiviral, or therapeutic products to appropriately respond to the most damaging animal diseases affecting human health and the economy…” The directive reflects the nation’s concern that terrorists could simultaneously, in multiple locations, release disease threats of an unprecedented magnitude; thus, the need for an NVS that could deliver at the least cost, large quantities of critical veterinary supplies and equipment to the right place at the right time for as long as is necessary.
The NVS stores its inventory in multiple locations and in sufficient volume to ensure its ability to respond to multiple, large-scale, simultaneous animal disease outbreaks.
The statutory authority permitting other than full and open competition.
The following circumstance justifies the exception to sole source/brand name under FAR 13.5:
In accordance with procedures at FAR 13.501(a)(i)(ii) and 2(ii)
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.
- During the HPAI 2015 outbreak another brand of foam used failed to produce foam that would hold up long enough to complete effective depopulation of infected premises leading to animal welfare issues. NVS did not have a single failure or any other issues with the Phos-chek product received in support of outbreak operations.
- North Carolina Department of Agriculture created the portable crated foam systems in the NVS inventory Phos-chek WD881 has proven to produce a better quality foam and has fewer corrosive properties than the other brands used in the past, which extends the life of their equipment. The quality of the foam produced allows NVLS teams to quickly complete the required depopulation operations greatly reducing animal welfare concerns on the sites.
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