JA - Veterinary Services Signed.pdf

Attachment 1 U.S. Customs and Border Protection

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 3.0 November 2020

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Customs and Border Protection, (CBP), Office of Acquisition, 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.

CBP has a requirement on a sole source basis to provide veterinary services to CBP’s Canine Enforcement Program at an estimated total cost of $297,392.58. The proposed contractor is VCA Knowles Animal Hospitals, Inc. located at 1000 NW 27th Ave, Miami, FL 33125.

3. Description of Supplies/Services.

The requirement is to provide veterinary services that includes an annual physical, standard physical blood work, vaccinations, and dental hygiene/care (including anesthesia) performed by a licensed veterinarian for CBP’s Canine Enforcement Program at a total cost of $297,392.58. These veterinary services will effectively support the CBP’s Canine Enforcement Program and the mission of CBP.

Period Unit Price Total Service Period 1 12 mo $ 4,520.00 $ 54,240.00 Service Period 2 12 mo $ 4,746.00 $ 56,952.00 Service Period 3 12 mo $ 4,982.30 $ 57,507.60 Service Period 4 12 mo $ 5,231.42 $ 62,776.98 Service Period 5 12 mo $ 5,493.00 $ 65,916.00 Total $297,392.58

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

The statutory authority permitting other than full and open competition is 41 U.S.C.

253(c)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

CBP intends to procure veterinary services through a Sole-Source award to vendor VCA Knowles Animal Hospitals, Inc. under the authority of 41 U.S.C. 253(c)(1), Use of Noncompetitive Procedures, due to a lack of veterinary services providers that are registered in SAM.gov in the Miami, FL area of where the requirements of the Statement of Work

(SOW) will be fulfilled. The market research revealed that there are a few companies, ranging from small business to large business that provides veterinarian services in the 25 mile driving distance, however only one vendor, VCA Knowles Animal Hospitals, Inc., is registered in SAM.gov. Additionally, this company meets all CBP requirements established in the SOW and is the current contract vendor. They are located 14.3 miles from the kennel were most of the K9’s are being kenneled and location is also convenient for the Officers at the Sea Port. This vendor also provides emergency care any day of the week, all year round.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

An Intent to Sole Source was published on SAM.gov, special notice 20143217 on 01/17/2024 and closing on 01/26/2024 at 5PM. No responses were received.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer has determined that the anticipated price is fair and reasonable based on prior acquisition history. The current veterinary services contract with VCA Knowles Animal Hospitals, Inc. was originally awarded on 02/28/2019. The total cost of the last contract was $250,000.00.

8. Description of Market Research.

The Contract Specialist (CS) performed internet searches for a list of contractors that could provide veterinary services as stated in the SOW that met the needs of the customer using Google, SAM.gov, and the Small Business Dynamic Search (SBDS) website. K9 Program Managers who were identified as knowledgeable individuals were interviewed to gather additional information. Additionally, a search was conducted on GSA eBuy and acquisition history was also reviewed, as the current contract in place is for the same requirement under BPA 70B03C19A00000013. Lastly, the CS checked for DHS wide mandatory strategic sourcing contracts with negative results. The results of the market research showed that only VCA Knowles Animal Hospitals, Inc. could provide the required services. Several other companies were identified in the area, however, none of them appeared to be registered on SAM.gov.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

No additional facts.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

No vendors responded on the intent to sole-source published on 01/17/2024.

11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome

Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

The CS and COR can interview prospective vendors and get them registered in SAM.gov to allow for increased competition.

12. Planning and Funding Statement.

This acquisition does not result from a lack of planning or the expiration of funds.

13. Posting Requirement.

The CS will post the approved J&A and award notice to SAM.gov.

► J&A CERTIFICATIONS

14. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office:

Name: (Print):

Title:

Signature: _______________________________ Date: _____________

15. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Name (Print):

Contracting Officer

Signature: ________________________________ Date: _____________

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $750,000 shall constitute approval of the J&A.

Office of Field Operations, Miami/Tampa Field Office Dylan Comes Back Holy

COR II, Mission Support Specialist

01/30/2024

16. CHIEF COUNSEL REVIEW (Per HSAM 3006.304-70 - Above the SAT)

Name (Print):

Signature: _____________________________________ Date: _____________

► J&A APPROVALS

17. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Over $750,000 to $15M)

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: ___________________________ Date: _____________

18. HEAD OF CONTRACTING ACTIVITY (Per FAR 6.304(a)(3) – Over $15M to

$75M)

Name (Print): _______________________ Head of the Contracting Activity

Signature: __________________________ Date: _____________

19. DHS CHIEF PROCUREMENT OFFICER (Per FAR 6.304(a)(4) - Over $75M)

DHS Chief Procurement Officer

20. DHS SECRETARY (any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount)

DHS Secretary