Attachment A - Brand Name Justification for Purina Dog Food IAW FAR 6.302-1(c) Redacted.pdf

General Services Administration

Memorandum to Federal Acquisition Service (FAS)

Global Supply Chain Management (SCM) Contracting Division

Justification and Approval for Other Than Full and Open Competition IAW 6.302-1

1. Identification of the Agency:

The Contracting Activity is the General Services Administration (GSA), Federal Acquisition Service (FAS), Global Supply Chain Management Branch. The requiring activity is the U.S.

Army Medical Command Veterinary Services, which oversees the Department of Defense Military Working Dog Veterinary Services (DODMWDVS), at Joint Base San Antonio Fort Sam Houston, Texas.

2. Nature/Description of Action Being Approved:

This justification is pursuant to the award of an Open Market Single-Award Indefinite Delivery, Indefinite Quantity (IDIQ) contract to procure brand name, Purina Pro Plan, dog food as listed below. The guaranteed minimum amount is $1,000 in the event the Contractor does not have sales under this contract exceeding that amount. The IDIQ maximum amount is$2,396,722. This Justification for Other Than Full and Open Competition is being executed in accordance with FAR subpart 6.302-1(c)(ii), FAR 6.303-2 and FAR 6.304(a)(2). This acquisition is being solicited as open market, SAM.gov, thus FAR 6.302-1(c) is being invoked to only Purina Pro Plan.

DODMWDVS has stated that Purina Pro Plan tiered dog food is essential to the the only dog food brand approved by the Joint Service

Military Working Dog (MWD) Committee to meet the nutritional standards for MWDs.

The period of performance of this open market IDIQ is one (1) base year and four (4), one year option periods. The total delivery schedule shall not exceed sixty months (60) months.

The total estimated dollar value over the sixty month period of performance is $1,962,890.

The Description, Annual Quantity Estimates, Annual Quantity Dollars that are being procured in accordance with this justification are as follows:

Description Unit of

Issue

Estimated

Annual Quantity

Estimated

Annual Dollars

Purina Pro Plan Adult Weight Management Large Breed Chicken and Rice, 34lb bags

EA 1,250 bags at $77.48

$96,850

3.

Purina Pro Plan Adult Large Breed Chicken and Rice, 34lb and 47lb bags

EA 625 bags at $77.48 and 625 bags at $97.98

$109,663

Purina Pro Plan Sport Active 27/17 Chicken and Rice, 37lb bags

EA 1,250 bags at $74.99

$93,738

Purina Pro Plan All Stages Sport Performance 30/20 Chicken and Rice, 18lb, 37.5lb, and 50lb bags

EA 416 bags at $52.98, 416 bags at $74.98, and 416 bags at $93.98

$92,327

Total Base Period Dollars: $392,578

Total Base and Four Options Dollars* $2,396,722

*A 10% escalation was applied to each option year.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition

For this acquisition, the contracting activity is restricting the consideration of contractors to include only those capable of providing the above Purina Pro Plan dog food pursuant to the authority of 41 United States Code (U.S.C) 3304(a)(1) as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Purina is the only brand, and no other brand of supplies will satisfy agency requirements. This justification will document that this brand is essential to the

5. A Demonstration that the Proposed Contractor Unique Qualifications or the Nature of Acquisition Requires Use of the Authority Cited

In accordance with Army Regulation 40-905, Veterinary Health Services, MWDs will be fed a standard diet that conforms to the specifications regarding metabolizable energy, digestibility, nutritional characteristics, and formulation, as determined by the U.S. Army Veterinary Service and the Director, DODMWDVS. Use of a standard diet minimizes the risk of diarrhea and gastroenteritis developing due to diet changes associated with deployments, Temporary Duty, or Permanent Change of Station. It also assures that healthy MWDs eat a diet appropriate for their athletic lifestyle, e.g. high digestibility, high energy density, fixed formula, American Association of Feed Control Officials certified feeding trial, high protein content, high fat content, and controlled calcium: phosphorus ratio. Below are the nutritional profiles established by the DODMWDVS that meet the very low, low, medium, high and very high nutritional requirements of MWDs:

Requirement Protein Fat Carbohydrate

Very low: very little or no training and work and/or weight management

22-24% <10% >46-48%

Low: less than standard training and work

22-24% <15% >41-43%

Medium: standard training and patrol/detection type work

22-24% 15- 18%

38-43%

High: harder training, preparing for deployment, and lower-intensity deployment

25-28% 20- 25%

27-35%

Very high: extended duration training and higher-intensity deployment

>28% >20- 25%

<27-32%

The standard diet to be fed to all MWDs is a commercial product available through the Federal Supply System. The Joint Service MWD Committee approved Purina Pro Plan tiered dog food based on consultation with veterinary nutritional specialists and reviewing multiple studies regarding what brand of dog food actually meets the established nutritional profiles. Purina is a widely commercially available product that can be delivered directly to federal customers throughout the continental United States, outside of the continental United States, and overseas military addresses as required. As Purina is the only DODMWDVS and Joint Service MWD Committee approved brand that meets the MWD nutritional profiles, no other brands of dog food will satis requirements.

6. Description of Efforts Made to Ensure that Offers are Solicited From as Many

Potential Sources as Practicable

A Sources Sought Notice (SSN) was posted to GSA eBuy and SAM.gov on 29 October 2024 with a close date of 19 November 2024 utilizing NAICS 311111 for Dog and Cat Food Manufacturing to gather market research on dog food brands that may meet the requirements. Due to a low number of responses received, a new SSN was posted to GSA eBuy with the same NAICS from 20 November 2024 to 03 December 2024.

Upon further research, it was learned that the current MWD requirement utilized NAICS 459910 - Pet and Pet Supplies Retailers. By this time, the Army provided information supporting a brand name justification for Purina dog food. A new SSN was posted to GSA eBuy and SAM.gov on 26 March 2025 with a close date of 10 April 2025 with NAICS 459910 and intent to move forward with Purina.

Results described in Paragraph 8 below.

It may be noted that the proposed contract action is exempted from the synopsis requirements under 5.202(a)(13) as the proposed contract action is not expected to exceed the commercial simplified acquisition threshold, will be made through a means that provides access to the notice of proposed contract action through the GPE; or permits the public to respond to the solicitation electronically.

7. CO Determination of Anticipated Fair and Reasonable Cost

In accordance with FAR 6.303-2(b)(7) and based upon the above facts, it will be determined that the pricing for these items is fair and reasonable and the award of the order to a contractor who is capable of providing only Purina dog food is in the best interest of the Government. Competition will be solicited from all capable vendors who provide these items. IAW Executive Orders 13514, GSA will solicit competition via SAM.gov.

A determination of fair and reasonableness will be made upon evaluation of quotes received by a comparison to competitive pricing received, previously paid pricing and/or other commercial pricing at the time of the contract award.

8. Market Research Conducted

In accordance with FAR 6.303-2(b)(8), market research has been conducted to justify this Request for Proposal (RFP) as a brand name, Purina, as the only brand for the applicable dog food products above.

The first SSN was posted to GSA eBuy and SAM.gov on 29 October 2024 with a close date of 19 November 2024 utilizing NAICS 311111 for Dog and Cat Food Manufacturing. Three small business responses were received from: BHPE, LLC, Burhani Enterprises, and Legend + White Animal Health Corporation. Legend+White was the only company of the three that provided their capabilities in meeting the dog food requirement.

A second SSN was posted to GSA eBuy with NAICS 311111 from 20 November 2024 to 03 December 2024. Zero responses were received.

The third SSN was posted to GSA eBuy and SAM.gov with NAICS 459910 - Pet and Pet Supplies Retailers on 26 March 2025 with a close date of 10 April 2025. Two responses were received from BHPE, LLC, again, and Kinetic Nutrition Group, LLC. The business size of Kinetic Nutrition Group LLC could not be verified at sam.gov as their account has not been validated. The Contract Specialist followed up with an email to BHPE, LLC requesting if they could distribute Purina dog food worldwide, and no response was received.

As Kinetic dog food had been mentioned twice by both the manufacturer and a reseller, the Contract Specialist forwarded the nutritional profiles of Kinetic dog food to the Army customer for review. Upon review, the customer stated that the Kinetic manufacturer does not have a weight management diet in their profile to meet the requirements of very low training levels of the MWDs, or to regain appropriate body condition score in dogs that are overweight. It would require buying a separate diet for these dogs that would not be through the logistical channels, which is a current issue for the customer.

Additionally, the Contract Specialist directly contacted Legend+White regarding their interest with the change to the NAICS and the updated requirement to Purina dog food. Legend+White stated the only work they do is providing dog food and products to federal and state agencies.

They would be interested in submitting a proposal to a future solicitation for this requirement.

On naics.com, it showed that the top businesses by annual sales for NAICS 459910 include Petco Holdings Inc LLC, Chewy Inc, Argos Holdings Inc, Petsmart LLC, VCA Inc, Mmi Holdings Inc, Irving Place Capital LLC, Kent Corporation, and Petmed Express LLC. A basic google search for the Purina Pro Plan tiered requirements showed that Petco, Chewy, Petsmart, and Petmed currently sell these products.

There is adequate competition among vendors who are capable of providing the above Purina products. Any dog food brand other than Purina would result in a diet not approved by the current DODMWDVS and Joint Service MWD Committee for MWD consumption and, as such, would be automatically rejected.

9. Any Other Facts Supporting Other Than Full and Open

Suitable alternatives to Purina that meet the DoDMWDVS requirements have not been identified at this time by Government or Industry.

10. Listing of Sources, if any, That Expressed, In Writing, An Interest in the Acquisition

The following vendors have been identified as interested in participating in this acquisition.

Legendary + White Animal Health Corp

Burhani Enterprises, Inc.

BHPE, LLC

Kinetic Nutrition Group LLC

Although no one vendor has been selected, GSA will select the awardee following a competitive solicitation based upon fair and reasonable price and delivery timeline.

11. Actions to Remove Barriers to Competition before Subsequent Acquisition

In accordance with FAR 6.303-2(b)(11), there were no vendors which have the Purina Pro commercially. In an effort to obtain more competition, this acquisition will be posted to SAM.gov, thus allowing all vendors who are capable of providing the above Purina Pro Plan Dog Food. A determination of fair and reasonableness will be made at time of contract award from the evaluation of quotes received by a comparison to previously paid and/or other commercial pricing. The use of any non-Purina Pro Plan Dog Food would result in potential non-performance and/or rejection from the DODMWDVS.

12. Technical Requirements Certification

Evidence of any supporting data is the responsibility of technical requirements other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

The supporting data that I have provided which helped to form the basis for this justification is complete and accurate to the best of my knowledge.

MAJ Crystal R. Doyle

Chief, Animal Medicine - Defense Health Agency Veterinary Services

13. Contracting Officer Certification that the Justification is Accurate and Complete to

In accordance with FAR 6.303-2(b)(12) I certify that the justification is accurate and complete to the best of my knowledge and belief. Based on the above, I hereby determine that this action is in the best interest of the Government.

Tracy Harper Contracting Officer, Supply Chain Management Contracting Division

David Kosiorek Branch Chief, Supply Chain Management Contracting Division

Robert Woodside Director, Supply Chain Management Contracting Division

Michael Cullis Operational Guidance Branch SME

Janet Schweer Acting Office Director, Office of Program & Supplier Accountability Competition Advocate

Jeff Thurston Director, Office of Contract Operations Contracting Executive

Reviewed for Legal Sufficiency:

Kristen Nowadly Senior Assistant Regional Counsel