1. JOFOC for Cargo Trucks.docx

American Consulate General Regional Procurement Support Office (RPSO) Giessener Strasse 30 60345 Frankfurt am Main Germany

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

1. Identification of the agency and the Contracting Activity The agency is the U.S. Embassy, INL Section, Kyiv, Ukraine. The Contracting Activity is the Office of Acquisition Management, Regional Procurement Support Office Frankfurt.

2. Nature and/or description of the action being approved

This action is for the delivery of twelve (12) cargo trucks.

3. A description of the supplies or services required to meet the agency’s needs:

For the contract, the company Pulsar Expo in Prague, Czech Republic, has offered to deliver twelve (12) cargo trucks which meet the technical specifications in the Statement of Work and to deliver within 15 days weeks after contract award.

4. An identification of the regulation permitting other than full and open competition

The statutory authority is 41 U.S.C. 253(c) (2). The regulatory authority is FAR 6.302-2, Unusual and Compelling Urgency.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited

One of the requirements is to have the items delivered by the quickest means possible to ensure they are available for the rollouts as soon as possible. Pulsar Expo’s offer to provide these stations within 10 days from the award of contract meets this requirement.

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

The proposed contract action is made under the conditions described in 6.302-2 Unusual and Compelling Urgency.

7. A 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 cost to the Government is fair and reasonable based on recent procurements for cargo trucks.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted

INL office in Kyiv reached out to several distributors of the equipment. Other vendors were not willing to provide the quantity requested and were seeking pre-payment.

9. Any other facts supporting the use of other than full and open competition

None

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition

The other sources that expressed an interest in the acquisition of the trucks are unable to deliver them within 3 weeks after contract award.

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 SAM.gov 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 for other than full and open competition will be published on SAM.gov in accordance with FAR Section 6.305 within 30 days. However, the posting will be generic in nature i.e.: no specifics e.g. names, explanations, why & where, thereby protecting the identity of involved customer and employees alike.

SENSITIVE BUT UNCLASSIFIED

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