Ivermectin Treated Molasses Tubs

This is intent to sole source notice. USDA APHIS intend to issue a sole source award to POSTIVE FEED LTD to purchase ivermectin treated molasses tubs.

In accordance with the Revolutionary Federal Acquisition Regulation (FAR) 12.102 (b), the following justification documents the decision to restrict competition for this acquisition.

(1) Mission Area and Contracting Activity.

United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Service (VS), Cattle Fever Tick Eradication Program (CFTEP) proposes to enter into a contract on a basis other than full and open competition.

(2) Nature and/or description of the action being approved.

The USDA APHIS VS Cattle Fever Tick Eradication Program (CFTEP) proposes to enter a sole source purcahse order follow-on type contract with Positive Feed, Inc. The tubs are used for the prevention and eradication of Cattle Fever Ticks in South Texas. These tubs are also in the FDA approval process for the treatment of New World Screwworm (NWS). The new contract will provide the critical resources and expertise needed to maintain and enhance the mission of the CFTEP.

The suggested contractor is:

Positive Feed, LTD

PO Box 1049

Sealy, TX 77474

UEI: XA9RQEH9Q3S1

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

Delivery of 10 truckloads of ivermectin molasses tubs used to prevent cattle fever tick infestations while also adding supplemental protein, vitamin, and mineral sources for feeding livestock in field conditions. Each 130-pound molasses tub shall contain 200mg of Ivermectin per pound that will serve as a mitigation tool to aid in the eradication of Cattle Fever Ticks in South Texas. A Minimum Use-Major Species Permit was obtained from the FDA for use of this product following a nine-month field study. The tubs are for use only by the CFTEP under the authority of an Investigational New Animal Drug Permit issued to Positive Feeds by the FDA (Reference FDA Sponsor Fee Waiver# SR 3180). Positive Feed Ltd. is currently the only company holding an FDA permit to manufacture this product.

(4) Identify the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is FAR 6.103-1, Only One Responsible Source.

• >SAT, ≤ $9 million, using FAR 12.201-1, Simplified procedures - 41 U.S.C. 1901

(5) Demonstrate that the proposed contractor's unique qualifications or the nature of the acquisition requires using the authority cited.

A Minimum Use-Major Species Permit was obtained from the FDA for use of this product following a nine-month field study. The tubs are for use only by the CFTEP under the authority of an Investigational New Animal Drug Permit issued to Positive Feeds by the FDA (Reference FDA Sponsor Fee Waiver# SR 3180). Positive Feed Ltd. is currently the only company holding an FDA permit to manufacture this product.

(6) Provide a description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by Part 5 and, if not, which exception under Part 5 applies.

No other efforts have been made because of the following:

A Minimum Use-Major Species Permit was obtained from the FDA for use of this product following a nine-month field study. The tubs are for use only by the CFTEP under the authority of an Investigational New Animal Drug Permit issued to Positive Feeds by the FDA (Reference FDA Sponsor Fee Waiver# SR 3180). Positive Feed Ltd. is currently the only company holding an FDA permit to manufacture this product.

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

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable based on a thorough comparison of historical pricing data from the prior contract and the development of an Independent Government Cost Estimate (IGCE) using current market rates.

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

No market research was conducted because Positive Feed Ltd. is currently the only company holding an FDA permit to manufacture this product.