The nature and/or description of the action being approved.
USDA APHIS FiOps Logistics Center in Kansas City, MO needs an urgent need to purchase of 100 pallets of 5gal drums (48 per pallet) of Phos-Chek WD 881 Class A Fire Fighting Foam Concentrate for use in foam depopulation units maintained by the NVS during a foreign animal disease outbreak situations. Delivery will be 54 pallets in 10 days and 46 pallets 14 days.
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.
Description of the supplies or services required to meet the agency's needs (including the estimated value).
Firm Fixed Priced emergency order for 100 pallets of 5gal drums (48 per pallet) of Phos-Chek WD 881 Class A Fire Fighting Foam Concentrate
Specifications
- Viscosity of 50 centipoise at 75 degrees F, 150 centipoise at 40 degrees F, 450 centipoise at 32 degrees F
- Density of 8.53 lbs per US gallon
- pH of 7.0 8.5
In addition, the foam shall meet the following:
- USDA Forest Service approved
- Underwriters Laboratory (U/L) Listed Wetting Agent
- Contain no hazardous materials
- Readily biodegradable
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.
In accordance with FAR 6.302-2 Unusual and compelling urgency
(a) Authority 41 U.S.C.3304(a)(2).
(2) When the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.
(b) Application. This authority applies in those situations where-
(1) An unusual and compelling urgency precludes full and open competition; and
(2) Delay in award of a contract would result in serious injury, financial or other, to the Government.
Statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.
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.
This is an urgent purchase. The agency's need for the supplies is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the brand of product for which it solicits quotes for a product that is already proven to be highly effective.
Description of efforts made to ensure offers are solicited from as many potential sources as is practicable.
SAM.gov Emergency RFQ - NVS1060786 published 3/04/2022 and closed on 3/11/2022
SB Set Aside
Three Responses
Resulted in previous emergency order 12639522P0159
Additional quotes obtained for this second urgent requirement 4/04/2022
Description of the market research conducted and the results or a statement of the reason Market Research was not conducted.
Online search for Phos-Chek WD881 Class A Fire Fighting Foam Concentrate pricing
Any other facts supporting the use of other than full and open competition.
The US National Veterinary Stockpile (NVS) is the nation's repository of vaccines and other critical veterinary supplies and equipment. It exists to augment state and local resources in the fight against dangerous animal diseases that could potentially devastate American agriculture, seriously affect the economy, and threaten the public's health.
Listing of the sources, if any, that expressed a written interest in the acquisition.
All vendors responding to solicitation NVS1060786 and additional requests offered Phos-Chek WD881 Class A Fire Fighting Foam Concentrate
Cascade Fire Equipment Company/DUNS: 131968901 CAGE: 1DD28
AMS Industries, LLC/ DUNS: 964998921 CAGE: 65S22
Kissimmee Produce Inc/DUNS: 005865010 CAGE 8N1V0
Statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.
OEM Perimeter solutions LP has several small business re-sellers. MRPBS will continue to purchase
Phos-Chek WD881 Class A Fire Fighting Foam Concentrate in accordance with FAR 13.501(2)
Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.
Per quote# 115073 from Cascade Fire Equipment Company dated 4/04/2022
In accordance with FAR 13.501(a)(1)(iv) and the procedures at 6.305 (b), (d), (e), and (f).
Order for 100 pallets of 5gal drums (48 per pallet) = $ 5,861.76/pallet x 100 = $ 586,176.00
5,861.76/48 = $ 122.12/5 gal drum
