Amended KO and SJA signed v3 J-A FY18MPC Dogs MSG Beauchamp Signed.pdf

FOR OFFICIAL USE ONLY

United States Special Operations Command (USSOCOM)

Justification and Approval (J&A)

May 2020

May 2018 FOR OFFICIAL USE ONLY – J&A No. 18-1530

“Amended” Justification for Other Than Full and Open Competition (J&A)

Preparation of this document is the responsibility of the Requiring Activity Official (RAO) via close coordination with the supporting contracting organization.

Authority: (10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-(1) Project/Program Name: 75TH Regimental Troops Battalion (RSTB) Regimental Dog Program (RDP)

Component/PEO/Other: 75TH Regimental Troops Battalion (RSTB)

“Amended” Estimated Contract Cost (including options): $522,027.00.

Type J&A: (Individual or Class )

J&A No.

18-1582

Generated when entered in log

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1)) “No Change”

Agency: 75TH Regimental Troops Battalion Contracting Activity: Deputy Chief of Contracting, Headquarters United States Army Special Operations, Bldg. E2929, Fort Bragg, North Carolina 28310

2. Description of Action: (FAR 6.303-2(b)(2)) “No Change”

Approval is being requested for a new contract for K9 Storm. The action will be an Indefinite Delivery Indefinite Quantity (IDIQ) Contract. Current fiscal year (2018) O & M funds are available and shall be used to procure the items requested. Delivery of items shall be in one shipment at a date not yet determined but within the current fiscal year.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3)) “No Change”

75th Ranger Regimental Dog Program (RDP) has a requirement for:

K9 Storm Multi-Purpose Canine Tactical Vest, Tactical Camera Kit (consisting of a camera transmitter and video receiver), Tactical Communications Kit (consisting of a sensor receiver and sensor transmitter), custom sizing for each canine, and training on the equipment.

4. Authority Cited: (FAR 6.303-2(b)(4)) “No Change”

10 U.S.C 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1

5. Reason for Authority Cited: (FAR 6.303-2(b)(5)) “No Change”

May 2018 FOR OFFICIAL USE ONLY – J&A No. 18-1530

K9 Storm has no authorized resellers and these products may be purchased through them only.

Multi-Purpose Canine (MPC) Tactical Vest, Tactical Camera System and Tactical Communications System is being purchased under the authority of 10 USC 2304-(1) as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements due to:

• The joint interoperability of the K9 Storm MPC Tactical Vest, Tactical Camera Kit (consisting of a camera transmitter and video receiver), and Tactical Communications Kit (consisting of a sensor receiver and sensor transmitter) reduces errors and alleviates friction during Ranger operations. When jointly using these three entities, it is not uncommon to encounter a number of errors if they are each made by different companies. It is imperative that all three of these entities work jointly to maximize efficiency and guarantee success on the battlefield. K9 Storm is the only company we have found that can satisfy the requirements of all three entities.

• The low-profile metal rail and metal bracket system on the top of the tactical vest (the spine of the MPC) facilitates the mounting of the camera in an extremely secure and expeditious manner. This is the only vest that allows a camera to be mounted in a matter of seconds with the durability and security that a metal rail system provides. The RDP and MPC handlers have refined operating tactics, techniques, and procedures that require our MPC vests to and Camera Kits to meet certain time and security standards.

Velcro camera transmitters and camera transmitters not located on the top of the MPC’s vest would require the 75th Ranger Regiment to change their already successful operating procedures and potentially endanger the MPCs and their handlers.

• The Camera Transmitter, as part of the Tactical Camera Kit, contains the metal rail system necessary to mount to the tactical vest, as well as a spring loaded camera head.

The rail system and the spring loaded camera head are instrumental in providing the durability, flexibility, and security necessary for Ranger Operations.

• The batteries and charging system employed by K9 Storm into the Camera Transmitter and Video Receiver within the Tactical Camera Kit, and the Sensor Transmitter and Sensor Receiver within the Tactical Communications Kit meet the expeditious, interoperable, and durable characteristics required by our MPC equipment. Their batteries are waterproof, rechargeable, and are used by the Tactical Camera Kit and Tactical Communications Kit. Additionally, the batteries are approximately four inches in length, making them easy to handle with gloves, and feature a button slide locking mechanism allowing the user to securely and rapidly emplace and displace the batteries from the pieces of equipment. Each time a battery is secured into a piece of equipment, an audible and physical click is generated, letting the user know the battery is secure.

In addition, a Request for Information was posted to FedBizOpps from 03 May 2018 - 18 May 2018 in order to identify possible vendors that were capable of providing the requested service. The Request for Information provided no responses from any other vendor within industry that could fulfill this exact requirement.

May 2018 FOR OFFICIAL USE ONLY – J&A No. 18-1530

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11)) “No Change”

A Request for Information was posted to FBO from 03 May 2018 - 18 May 2018 in order to identify possible vendors that were capable of providing the requested service. The Request for Information provided no responses from any other vendor within industry that could exactly fulfill this requirement.

In the future, RSTB is going to test joint equipment kits and systems to determine its feasibility within current Ranger Operations. Additionally, we will continue to test individual vests, camera kits, and communications kits made from different vendors to determine their interoperability and feasibility into future Ranger operations.

7. Market Research: (FAR 6.303-2(b) (8)). “No Change”

Based on market research, there is reasonable expectation that only one source is eligible and available for manufacturing and providing this service. IAW FAR 13.5 it is recommended that this acquisition be awarded as a sole source to K9 Storm, INC. as unrestricted.

8. Interested Sources: (FAR 6.303-2(b)(10)&(11)) “No Change”

To date and historically, other sources have shown an interest in the requirement or the ability to provide the items requested in response to previously posted notices however, lack components of the technical specification. The equipment presented could not provide all of the benefits of the requested equipment and is not compatible with the existing equipment and may endanger the lives of our K-9’s. Any responses received regarding the notice of intent will be evaluated further to determine if the award may be processed on a competitive basis. (see interested vendors list from FBO).

9. Other Authorities/Factors: (FAR 6.303-2(b)(9)) “No Change”

N/A

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days. Information selected for removal will be highlighted in yellow much like this statement so that signature authorities will know what information will be removed after approval, before posting.

May 2018 FOR OFFICIAL USE ONLY – J&A No. 18-1530

10. Technical and Requirements Certification: (FAR 6.303-2(c)) “No Change”

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief:

NAME: MSG Robert Beauchamp

SIGNATURE:______________________

TITLE: 75th RSTB, PM DATE: 21 May 2020

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

I hereby determine that the anticipated cost or price to the Government for this contract action is fair and reasonable. In accordance with FAR 15.403-1 certified cost and pricing data is not required when purchasing commercial items. It has been determined that there has been no significant change in the marketplace since the original J&A that warrants a new contract, the unanticipated operational requirements of the unit justifies the increase from $441,742.78 to $522,027.00 when taking into consideration that the original prices were determined fair and reasonable at the time of award using similar products and historical data, greater number of orders, and this is the last year of this contract. Another full scale assessment of both the needs of the customer, possible integration with other units, and any new developments in the marketplace will take place in any subsequent contract. I have further determined that there may be a need for a new contract in the future due to mission requirements.

12. Contracting Officer Certification: (FAR 6.303-2(b)(12))

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

NAME: Mr. Brian Gilmore TITLE: Contracting Officer

SIGNATURE: _______________________________ DATE: 27 May 2020

May 2018 FOR OFFICIAL USE ONLY – J&A No. 18-1530

13. Legal: SOFARS 5601-1

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

NAME: ___________________________ TITLE: __________________________

SIGNATURE: _______________________________ DATE: _________________

14. Competition Advocate General Approval (CAG): (If over Component

Competition Advocate Approval Authority, [see SOFARS 5601-1 for your component’s approval authorities], up to $12.5M. Note CAG must also sign above $12.5M.) SOFARS 5601-1

I have reviewed this document and find the J&A adequate to support other than full and open competition:

NAME: ___________________________ TITLE: __________________________

SIGNATURE: _______________________________ DATE: _________________

15. Approval: (HCA Over $12.5M to $85.5M or SPE Over $85.5M )

Based upon the foregoing justification, I hereby approve the procurement of (state equipment/services being procured) in the estimated amount of (identify estimated total value of the contract action including options). The requirement will be released under solicitation (identify solicitation number) on an other than full and open competition basis. The action(s) pursuant to this J&A are subject to the availability of funds and the completion of all required statutory and regulatory reviews and approvals.

NAME: ______________________ TITLE: _______________________________

SIGNATURE: _______________________________ DATE: _________________

NOTICE 2

POST APPROVAL REQUIREMENT: IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009, this J&A will be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited.

In that particular case the J&A will be posted within 30 days. Prior to posting, previously identified proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, that has been identified IAW Notice 1 via yellow highlighting, will be removed in order to create a document that is no longer classified as “for

May 2018 FOR OFFICIAL USE ONLY – J&A No. 18-1530 official use only” and is thus, appropriate for public release. Follow the guidance found in the DCG for the redaction procees prior to public release.

16. HCA FAR 6.302-2 Approval: (Required when performance exceeds 12 months, regardless of contract amount )

Based upon the foregoing justification of exceptional circumstances, I hereby approve a cumulative period of performance to exceed one year, including all options, for the procurement of (state equipment/services being procured).

NAME: ______________________ TITLE: _______________________________

SIGNATURE: _______________________________ DATE: _________________

Approval Authority Note Regarding Follow-on J&A’s:

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a justification for other than full and open competition citing the authority at FAR 6.302-1, follow the procedures at DFARS PGI 208.405-6.

https://sof.socom.mil/sites/SORDAC/K/SOFARS_DCG/DCG_HTML/DCG06.htm#DCG_6_3