JA_Bridge_National_Animal_Contract - Delta 21 - CO Signed_Redacted.pdf

FAR Part 6 JOFOC for National Animal Contract

United States Department of Justice, United States Marshals Service

Office of Procurement

FAR PART 15

Justification for Other Than Full and Open Competition

(Negotiated Procurements) This acquisition follows the procedures presented in FAR 6.3 as authorized by 41 U.S.C 3304

MIQ Request Number TBD

Contract Specialist’s Name

Contracting Officer’s Representative

Description of the action being approved

The United States Marshals Service (USMS) Asset Forfeiture Division (AFD) mission requires the continuation of commercial vendor support to maintain its current National Animal Contact services. The National Animal Contract provides onsite seizure/evidentiary support, transportation, daily care, veterinary treatment, food, kenneling, expert witness services as needed, and disposal services for canines involved in illegal fighting operations. The canines are managed by the USMS as the primary custodians for seized and forfeited assets via the Department of Justice (DOJ) Asset Forfeiture Program (AFP). The resulting vehicle will be a commercial contract with Firm Fixed Price (FFP) Contract Line Items (CLINs).

Description of Supplies or Services required to meet the agency’s needs including the estimated value and period of performance

The United States Marshals Service (USMS) Asset Forfeiture Division (AFD) mission requires the continuation of commercial vendor support to provide seizure support, transportation, daily care, treatment, food, kennel boarding, behavioral assessments, disposal services and expert witness support for animals involved in illegal fighting operations.

Contractors shall be prepared to provide evidentiary support, such as documentation on the condition, care, and assessment of any seized animals and expert witness services regarding the seized animals as needed. The contractor shall provide such services upon receipt of order from the USMS for any federal animal fighting seizure that arises in any judicial district during the term of the contract, including seizures that span multiple judicial districts. The canines are managed by the

USMS as the primary custodians for seized and forfeited assets via the Department of Justice (DOJ) Asset Forfeiture Program (AFP). The requirement’s Period of Performance (PoP) will begin at contract award and continue through February 28, 2026. The estimated ceiling value is$899,999.00. This ceiling includes Firm-Fixed-Price CLINs for boarding, veterinary care, transport, and behavioral services, as well as reimbursable Other Direct Costs (e.g., necropsy, travel) consistent with FAR 12.207(b). FAR Clause 52.217-8 Option to Extend Services may be exercised to extend the PoP for additional time if required.

Indicate Statutory Authority for Contracting without Full and Open

Competition

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirement. (41 USC 3304(a)(1))

Vendor’s / Brand Name Delta 21 Resources Inc.

Contractor’s unique qualifications or Brand Name item’s characteristics that are exclusive to that Contractor or Brand Name item.

The U.S. Marshal Service (USMS) has a requirement for contractors to provide seizure support, transportation, daily care, treatment, food, kennel boarding, behavioral assessments, disposal services and expert witness support for animals involved in illegal fighting operations. Contractors provide evidentiary support, such as documentation on the condition, care, and assessment of any seized animals and expert witness services regarding the seized animals as needed. The contractor provides such services upon order by USMS for any federal animal fighting seizure that arises in any judicial district during the term of the contract, including seizures that span multiple judicial districts.

The current Task Order for the execution of the above stated services is ending on 2/26/2026, however, it has reached ceiling capacity due to an unexpected and consistent increase in seizure operations and forfeiture outcomes.

The re-competition effort is under way, and it is estimated it will be on track for award within or by 2nd QTR FY26, however, the current effort requires an extension to ensure mission continuation, while allowing the acquisition process to take place and to release the follow-on award with adequate transition time.

The current contractor Delta 21 Resources Inc. (“Delta 21”) successfully provides the ongoing services and has an existing infrastructure and organizational plan established to support the required operations. The incumbent has the capability to be on sites with law enforcement agencies at time of seizure or post investigative custody to move the animals to its existing kennel facility. Delta 21 is the incumbent contractor currently housing 88 dogs in Federal custody. Delta 21 maintains established facilities, licensed veterinarians, trained staff, and specialized transport equipment that meet United States Department of Agriculture (USDA) and Department of Justice (DOJ) standards. It is the only responsible source that can immediately provide nationwide seizure response within 48 hours, maintain evidentiary continuity for animals already in custody, and support ongoing Federal court cases with accurate medical and behavioral documentation. Transitioning animals to another vendor would disrupt chain-of-custody records, risk animal welfare, and delay ongoing litigation, resulting in mission failure. In addition, the vendor can provide all services immediately as it has an existing footprint and can mobilize expediently, as needed. This ability is invaluable from a law enforcement, governmental, and logistical perspective.

This ability allows the USMS to act nimbly in any given situation and provide seamless services to the United States Government.

Delta 21 is currently providing continuous care to all canines in custody until potential forfeiture, to include services for adoption and/or potential euthanasia. To initiate and complete a full contract transition to an entity other than Delta 21 would require time and resources and it would call for proper site availability and personnel to support the assets transfer. The ability to ensure continuity of services required by the animals in current custody in addition to the additional numbers estimated under scheduled upcoming seizures would be greatly affected, and AFD operations, Federal Court proceedings and overall mission support could be seriously compromised.

This action is a limited-duration bridge to prevent lapse in care and evidentiary continuity while the recompete is finalized. It does not expand scope beyond current contract performance.

The bridge will terminate no later than February 28, 2026, unless the follow-on competitive award is delayed.

Efforts made to Promote Competition

In 4Q FY24, the USMS posted a Request for Information on SAM.gov No. 15M50024QA4400011 and directly contacted three vendors with potential animal seizure support capacity.

Only one response was received, and no respondent demonstrated the ability to provide nationwide coverage with 48-hour mobilization or assume custody of animals mid-case.

Therefore, full and open competition is not practicable for this bridge action. A competitive recompete is being developed for release in FY26. Accordingly, it was determined the only suitable acquisition strategy was to solicit a proposal from the current incumbent contractor. Actions to foster full and open competition are being duly pursued under the subsequent recompete.

This notice to solicit and negotiate with only one source will be posted to the GPE/System for Award Management (SAM) https://www.sam.gov/ as per FAR Subpart 5.2. From the existing market research results compiled in 4th QTR FY24 and based upon the very limited pool of potential contractors identified within it, there is a low expectation for responses from potential performers.

The Contracting Officer developed an Independent Government Cost Estimate (IGCE) using three years of

Method for Determining Fair and Reasonable Pricing incumbent invoice data (FY23–FY25), adjusted with Bureau of Labor Statistics indices. These rates were compared against commercial kennel and veterinary benchmarks in five U.S.

regions. Delta 21’s proposed daily boarding rate and veterinary service rates fall within the commercial market range and below the IGCE midpoint. Consistent with FAR 15.404-1(b)(2)(i)–(iv), price analysis confirms the anticipated cost to the Government is fair and reasonable. Based on the above, the Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable, because there is substantial and accurate information available to conduct price analysis per FAR 15.404-1(b)(v), assuming the expected value of this procurement falls within the estimated threshold of the IGCE.

Market Research

Market research under FAR Part 10 was conducted in 4Q FY24.

SAM.gov posting and direct inquiries confirmed that only a limited pool of vendors exist, with none able to perform immediate nationwide services required by the USMS.

Accordingly, while competition is being pursued under the recompete, this bridge action must be sole source to the incumbent.

Any Other Facts Supporting the use of Other Than Full and Open Competition

N/A

Interested Sources

The notice to solicit and negotiate with only one source will be posted to the GPE/System for Award Management (SAM) https://www.sam.gov/ as per FAR Subpart 5.2. There is a low expectation for responses from entities with required capabilities to fully meet the concept of operations.

Actions to Increase Competition:

The requirement Period of Performance (PoP) will start at contract award thru February 28, 2026; FAR Clause 52.217-8 Option to Extend Services may be exercised to extend the PoP for additional time if required. This time frame is essential to provide the stability needed for these mission critical functions while the USMS completes the competitive acquisition which is currently underway, once the revised requirement is completely vetted against the new executive orders and all applicable guidance.

Certifications and Approvals Technical Representative’s Certification: In accordance with FAR 6.303-2(c), I hereby certify that the information provided in this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief.

Technical Representative

Supervisory/Senior Contract Specialist Concurrence: In accordance with USMS Policy Directive 6.1, Section 7(c) I hereby concur with proceeding with this Justification for Other Than Full and Open Competition.

Eliana York Supervisory Contracting Officer

Office of General Counsel Review: In accordance with USMS Policy Directive 6.1, Section 2(a) I have reviewed this Justification for Other Than Full and Open Competition.

Office of General Counsel

Contracting Officer’s (CO) Certification and Approval: In accordance with FAR 6.303-2(b)(12) I hereby certify that the information provided in this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief.

Christopher Ottie Contracting Officer

ELIANA YORK

Digitally signed by ELIANA

YORK

Date: 2025.10.02 13:55:44 -04'00'

CHRISTOPHER OTTIE Digitally signed by CHRISTOPHER OTTIE Date: 2025.10.02 13:58:11 -04'00'