B3_Final_JUSTIFICATION_AND_APPROVAL_K9_Brand_Name.pdf

UNCLASSIFIED//FOR OFFICIAL USE ONLY

Control No. CENAB-17-036

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

W912DR-17-B-0014

1. CONTRACTING AGENCY: The United States Army Corps of Engineers, Baltimore District, Baltimore, Maryland.

2. DESCRIPTION OF ACTION: The U.S. Army Corps of Engineers (USACE), Baltimore

District (NAB), is requesting approval for the usage of a proprietary brand name item for the construction of the Canine Training Facility & Kennels for the United States Secret Service (USSS). The Baltimore District is managing the construction of this project.

This proposed action requires the construction awardee to procure the necessary dual latching stainless steel latch, proprietary to Mason Company, and Kennel Gate Enclosure System, on a sole source basis utilizing a firm-fixed-price supply contract.

The type of funding provided for this action is for Fiscal Year (FY) 18 from the Department of Homeland Security, which entails five-year funds. The total construction cost for this project is $13,000,000.00, but the brand name dual latching stainless steel latch and Kennel Gate Enclosure System is approximately $158,384.50.

3. DESCRIPTION OF SUPPLIES/SERVICES: The Baltimore District requires the purchase of thirty-six (36) new Dog Kennels as part of the Canine Training Facility and Kennels for the USSS. The mission of the Secret Service involves Law Enforcement trained working dogs. The USSS trains their own dogs and K-9 Officers. The dogs will be boarded at the kennels during their training period and when K-9 Officers are on leave. These dogs are recognized for high energy, strength, speed, agility and intelligence. The kennel gate enclosures must be secure, with durable latches able to contain the Law Enforcement Working Dogs within a humane environment.

4. AUTOHRITY CITED: 10 USC 2304 (c)(1), as implemented by FAR 6.302-1(c)(1), and DFARS 206.302-1(a)(2)(i), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” – Brand Name.

5. REASON FOR AUTHORITY CITED:

Background: The United Secret Service Training Facility is located at James J. Rowley Training Center in Beltsville, Maryland where Secret Service Agents, K9 Officers and Law Enforcement Working Dogs are trained. The existing facility is the Maloney Canine Building located in the southwest portion of the J.J. Rowley campus. Originally built in the mid 1980’s, Maloney Canine Building lacks the accommodations necessary to meet current military canine handling standards for facilitating complete training, care, and housing of animals, as well as training for handlers. The Maloney Canine Building consists of 20,100 square feet, which has proven inadequate for training, with undersized individual kennels, presenting health concerns for the dogs. Additionally, insufficient kennel space, indoor training areas, classrooms, administrative office, and storage for diverse training equipment requires a larger area sufficient for optimum training capabilities. The proposed design increases the total square footage 29,100. An increase of 9,000 square feet is specifically to provide indoor training areas, classrooms, administrative offices, and storage for training equipment, and most importantly, adequate kennel space for maintenance and care of thirty-six (36) Law Enforcement Working Dogs.

The main concern of the USSS K9 Division is for the safety of the dogs and the handlers.

The dogs are extremely strong, aggressive and intelligent. Combined with small kennel spaces and minimal training spaces, increases the probability of endangering both the handlers and the dogs. With these things in mind, the Kennel Gate Enclosure System, specifically the half-inch latch designed by Mason Company, is designed to handle large aggressive dogs. On all gate types the dual latching stainless steel latch allows the gate to be secure from both inside and outside the kennel, which is essential for the handler’s safety and control of the dogs. Handlers are able to operate inside the kennel knowing the gate is securely latched, while also having the ease to use the latch within the kennel for a quick exit should they need to. The half-inch latch by Mason Company is self-latching and is also lockable with a padlock and/or a leash clip. Per a letter dated 15 August 2017 from Troy N. Brown of Mason Company, their patented stainless steel two-way latch is only available for purchase with other Mason Company equipment, or as a replacement for an existing latch that was previously purchased from Mason Company.

It is not available for sale separately and Mason Company is the sole source for the latch.

Mason Company products are used by private sector veterinarians, boarding kennels and zoos, including all branches of the U.S. Military, Department of Homeland Security, U.S.

Border Patrol and various police departments.

Through some initial research for manufacturers of kennel doors, two (2) other companies are able to fabricate stainless steel rods for dog kennel doors. The other companies are Direct Animal Products and Tristar Vet. After further review, it was found that these companies’ standard stock latches did not meet the USSS standards. The dual latching stainless steel latch by Mason Company allows gates to swing both in and out of the run, which is essential for staff safety and control of aggressive animals.

Mason’s patented latch secures from outside and inside.

Direct Animal Products was only able to provide a stock quarter-inch stainless steel welded rod and the simple barrel bolt latch does not allow the handler to latch and unlatch the gate from inside the kennel. A custom latch and rod would need to be to be designed and fabricated to meet the USSS requirements.

The same is demonstrated by Tristar Vet, with quarter-inch stainless steel welded rods and a spring loaded latch that only allows the handler to be on the outside of the kennel to latch and unlatch the kennel door. Both the rod and latch do not meet the USSS criteria and custom rods and latches would need to be designed and fabricated to meet the USSS requirement.

Conversely, Mason Company was found to fabricate stainless steel rod kennel doors with half-inch stainless steel rods as a standard item as well as a patented stainless steel gate latch, meeting the requirements of the USSS. Also, the confinement gate is part of the kennel assembly. The wing gate is anchored to the masonry block side wall and will swing out and latch to the main entry gate to create a confinement area for the dogs. This confinement gate will also be constructed of half-inch stainless steel bars with a stainless steel tube frame.

Another component of the kennel assembly is the training access gate that will also use the half-inch stainless steel tubing and stainless steel tube frame. The kennel top cover will use 2 ¼ -inch x 2 ¼ -inch electro-galvanized woven wire. The dogs are trained to scale walls, this top cover is required for each kennel.

JUSTIFICATION: Although other contractors are able to fabricate others latches and Kennel Gate Enclosure Systems per the USSS requirement, it would all be custom orders which could potentially raise the overall price of the contract. This also does not necessarily mean that it could withstand the severity of use these latches and gate systems would go through on a daily basis, whereas the Mason Company provides these products as standard and are the only company to have this latch patented to ensure it meets the USSS criteria, as well as endure such harsh usage.

The impact of not utilizing Mason Company would have a detrimental effect on the mission of the U.S. Secret Service. The safety of the dogs and handlers are a number one concern.

These very aggressive animals have been known to damage kennels, injure themselves, kennel hands or get loose. Since 1892, Mason Company has been providing dog and animal enclosures. The dual latching stainless steel latch and gate enclosures are designed for safety, durability with low maintenance.

IMPACT: If the J&A is not approved, the current contractor would have the option to choose another company. This could hinder the project by delaying it if these kennels do not have the secure latches and corresponding Kennel Gate Enclosure Systems the USSS requires. Additional costs to the overall building of this facility could become an issue, especially if it was found later on that the kennels could not fulfill the requirements. A delay would hinder the completion of the building, delaying the schedule for the training of more dogs and endangering the U.S. Secret Service’s overall mission to protect and serve the United States of America.

6. EFFORTS TO OBTAIN COMPETITION: In accordance with FAR 5.201, this contract for the construction of the Canine Training Facility has been synopsized as a full and open solicitation. A sources sought was posted Federal Business Opportunities (FBO.gov) on 20 April 2017 to ensure other contractors may have the opportunity to inform the Government of their capabilities and eight (8) responses were received. They were the following: Sylger Corporation; Ashland Industrial Services, LLC; Edifice – Schlosser JV, LLC; Four Tribes Construction Services, LLC; Leebcor Services, LLC;

SCMC – Harkins JV; SF General Maintenance, LLC; and Signature Renovations, LLC.

A review of the responses was conducted and it was found that only one (1) contractor, Edifice – Sclhlosser JV, LLC submitted similar projects in price, scope and size.

Additionally, a brand name notice was posted on Federal Business Opportunities (FBO.gov) on 05 June 2017 to notify potential bidders of the Government’s intent to solicit a brand name(s) only component for this requirement, specifically for the Kennel Gate Enclosure System. No response were received.

7. ACTIONS TO INCREASE COMPETITION: Based on the information stated in sections

5 and 6 above, all steps were taken to ensure competition for the overall solicitation of the construction of the Canine Training Facility. A sources sought was posted to FBO.gov on 20 April 2017 with a total of eight (8) responses. A brand name notice was posted on FBO.gov on 05 June 2017 to notify potential bidders of the Government’s intent to solicit a brand name only component for the construction of the Canine Facility and no responses were received.

8. MARKET RESEARCH: Market Research was completed during the original solicitation of the construction of the Canine Training Facility & Kennels for the United States Secret Service (USSS) on FBO.gov on 20 April 2017 with a total of eight (8) responses. All eight contractors consisted of small businesses, specifically woman-owned small businesses, HUBZone, 8(a), Service-Disabled Veteran-Owned Small Businesses and Native American Tribally Owned. Of the eight received, only one (1) met the requirements of the sources sought. Based on the findings from the Sources Sought, the subject project is to be submitted as an unrestricted competitive procurement.

The addition, a Brand Name Notice was posted on FBO.gov on 05 June 2017 to notify potential bidders of the Government’s intent to solicit a brand name only component for the construction of the Canine Facility. No responses were received.

9. INTEREST SOURCES: Although the sources sought was posted on 20 April 2017 on FBO.gov for the construction of the Canine Facility, the Brand Name Posting on FBO.gov for the Brand Name component of the solicitation did not provide any responses. To date, no contractors have expressed an interest in writing.

10. OTHER FACTORS:

a. Procurement History – Not applicable.

b. Acquisition Data Availability: The scope of limited competition for this justification is restricted specifically to the proprietary items listed in paragraph 2 above. A purchase description has been prepared specifically for the prime contractor and will be furnished with the solicitation.

c. Unusual and Compelling: Not Applicable.

d. Subcontracting Competition: A Small Business Subcontracting Plan will be required by the prime contractor for the overall construction project.

11. TECHNICAL CERTIFCATION:

“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: Fran Young Date: _____________________

Title: Design Manager Signature: _________________

12. REQUIREMENTS CERTIFICATION:

“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: Shawn McKee Date: _____________________

Title: Supervisory Engineer, US Secret Service Signature: _________________

13. FAIR AND REASONABLE COST DETERMINATION:

“I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination will be based on comparison of the contractor’s proposal with the Independent Government Estimate.”

Name: Ashley Williams Date: _____________________

Title: Contracting Officer Signature: _________________

14. CONTRACTING OFFICER CERTIFICATION:

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

Name: Ashley Williams Date: _____________________

Title: Contracting Officer Signature: _________________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement for usage of brand name items for construction, as defined in the Scope of Work, on an other than full and open competition basis pursuant to the authority of 10 U. S. C. 2304 (c)(1), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Name: ________________________________________ Date: ______________________