JUSTIFICATION AND APPROVAL
FOR LIMITED SOURCES UNDER FAR 8.405-6
1. The Office of Acquisition Management is conducting this acquisition for Explosive Detection Dog (EDD) support from American K-9 Detection Services, LLC, on behalf of The International Narcotics and Law Enforcement Afghanistan (INL/AP) Strip Mall in Kabul, Afghanistan. The INL Strip Mall is a Non-Chief of Mission facility used to support INL foreign assistance programs and provides Life and Mission Support (LMS) to Third Party Contractor (TPC) subject matter experts, the DEA and the Afghan National Investigative Unit/Special Investigative Unit. The estimated cost is $8,000,000.
2. Nature and/or description of the action being approved
The proposed action is for a task order with American K-9 Detection Services, LLC utilizing GSA contract GS-07F-5770R to provide direct support to the INL Strip Mall operated by INL/AP in Kabul, Afghanistan. The proposed action is limited to a one year contract while INL/AP works to develop a comprehensive EDD capability for the INL Strip Mall. This effort will enable INL/AP to quickly stand-up an EDD capability at the INL Strip Mall until a follow-on vehicle can be prepared to address the security needs of the INL Strip Mall if needed.
3. A description of the supplies or services required to meet the Department's needs.
The International Narcotics and Law Enforcement Affairs / Afghanistan (INL/AP), is responsible for the INL Strip Mall in Kabul Afghanistan. INL/AP is seeking to utilize a sole source procurement of services because of the need to quickly and expeditiously establish an EDD capability at the INL Strip Mall.
4. An identification of the statutory authority permitting other than full and open competition.
This limited sources award is being issued under FAR 8.405-6 (a) (B); only one source is capable of expeditiously providing the services required at the level of quality required because the services are highly customized and specialized for the Department of State in the austere working environment of Afghanistan.
5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.
Afghanistan is an austere environment as U.S. forces continue to draw down their presence in Afghanistan it is becoming increasingly more difficult to find companies capable of providing unique services such as EDD teams. Based on our research outlined in paragraph 8, there are few companies that have turn-key K-9 detection service capable of work in Afghanistan.
For this reason, current experience and presence in Afghanistan is a key discriminator because of not only the austere war zone environment mentioned but also the lengthy and complex licensing requirements the Government of Afghanistan levies on outside security firms.
American K-9 Detection Services, LLC, is providing services to both the Department of State and Department of Defense in Afghanistan and has an established program complete with portable kennels, veterinary services, periodic testing/training and food.
Because of the critical threat to the INL Strip Mall, INL/AP is required to establish as expeditiously as possible an EDD program as a short term fix until another suitable contract vehicle is available. Due to these facts and circumstances, only one source is capable of providing the level of services required without unacceptable delay that would put department personnel at risk. In wake of the July 22, 2014 suicide bomber attack on the INL Strip Mall, there is a need for EDD security at the INL Strip Mall. The INL Strip Mall currently does not have this type of security and this vulnerability has been exploited by insurgents and resulted in the death of 6 contract personnel.
6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. This requirement will be met utilizing federal supply schedule GS-07F-5770R (GSA). FAR part 8 ordering procedures will apply. In accordance with FAR 8.404 (a)..., "Ordering activities shall not seek competition outside of the Federal Supply Schedules or synopsize the requirement"
7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.
Price analysis will be conducted utilizing GSA contract GS-07F-5770R and others providing the same or similar services as well as historical costs readily available to the Department. Prices will be verified to be consistent with or better than GSA rates found to be fair and reasonable.
8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted. INL/AP during its market research during the week of 9/15/2014 and identified only one K-9 company currently operating in Afghanistan capable of providing this service through a review of current department contract vehicles, GSA schedules and internet searches followed up with questions via telephone.
During INL/AP's research a number of companies were approached. One of the companies was CKR Global who had previously provided K-9 services in Afghanistan, but they would have to build the program from the ground up, which would not meet our immediate need.
Another company, Cobra Canine, who had previously provided K-9 services in Afghanistan, currently does not have a facility or a program active there and would have to build the program from the ground up, which would not meet our immediate need."
American K-9 Detection Services, LLC, was the only company currently operational in Afghanistan capable of providing everything that INL/AP needs.
9. Any other facts supporting the use of other than full and open competition. In light of the July 22, 2014 attack on the INL Strip Mall that killed 6 personnel and wounded 10 others and the subsequent recommendations coming from the Department's investigation on the incident, INL/AP is seeking to expeditiously as possible establish a credible Explosive Detection Dog (EDD) capability at the INL Strip Mall in Kabul, Afghanistan. Insurgents have successfully exploited this vulnerability and INL/AP is seeking to mitigate this risk and establish a complete and ready to go EDD capability as quickly as possible in order to help mitigate any further loss of life.
10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition. None.
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 the supplies or services required. Include a statement that this J&A for other than full and open competition will be published on FedBizOpps in accordance with FAR Section 6.305 within 14 days of award (or within 30 days if the J&A is for unusual and compelling urgency.)
This J&A will be published on FedBizOpps in accordance with FAR Section 8.406-6 (a) (2) within 14 calendar days of award.
