Justification for an Exception to Fair Opportunity - Olgoonik II- ACA Signed_Redactedcarty.pdf

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

Office of Acquisitions Management

Requiring Activity Office of Western Hemisphere Programs – Haiti

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

Modification to an existing order place under IDIQ 19AQMM20D0098. Exception to Fair Opportunity is requested to solicit and award a modification to an existing order with Olgoonik in Port-au-Prince for the supplies and/or services described in Section 3 on behalf of the Requiring Activity. The contract to be modified is 19AQMM24F0009 with Olgoonik to provide an additional $20,000,000 to respond to urgency increasing needs within the same scope of activities.

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

This contract is to provide logistical and life support necessary to facilitate HNP training and equipment needs in Haiti, including support for the Multinational Security Support (MSS) Mission. This support includes refurbishment/infrastructure improvement of existing Haitian National Police (HNP) and broader Government of Haiti (GoH) facilities, provision of food services, security and facilities management, procurement, delivery, distribution, and inventory management of necessary equipment and supplies. Occasionally, on an as-needed basis the Contractor may be required to purchase meals ready to eat (MREs) in support of HNP operations.

The desired end-state is a professional and secure HNP with forward operating bases, training, and housing facilities, including those needed to jointly conduct counter-gang efforts with the MSS Mission. The program activities must assist the HNP in preparing to take ownership of facilities maintenance and security of the relevant facilities.

The estimated value of the contemplated scope addition for the base period of performance is $20,000,000, with $16,034,754.26 available for the subsequent option year period, if exercised.

SECTION 4: IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND THE

SUPPORTING RATIONALE

This acquisition is conducted pursuant to 41 U.S.C. 4103 and 4106 as implemented by FAR 16.505(b)(2) and substantiated by the following:

FAR 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. Given the lack of

SBU - LEGAL

vendors current established in Port-au-Prince to complete this work, the government would need to use additional costs and time to have a new vendor establish themselves in Port-au-Prince and develop new relationships with key partners to effectively carry out the services requested.

It is also noted, without immediate provision of services, the Haitian National Police and the Multinational Security Support Mission will not be able to have sufficient resources to maintain security of Port-au-Prince against the gang attacks. The security situation will continue to decrease resulting in a failed state preventing democratic elections leading to continued anarchy.

SECTION 5: 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(s) will be fair and reasonable based on price based on prior competition; comparison to substantially similar item(s); sales of the same item to other purchasers; market prices; historical prices; independent estimate; and cost analysis. By signing the justification, the Contracting Officer makes a determination that the additional cost to the government is expected to be fair and reasonable.

SECTION 6. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY BEFORE

ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE.

To address and overcome barriers leading to exceptions to fair opportunity in the acquisition of services, the U.S. Government implemented several strategic actions to assess market research for potential candidates available to support the immediate need with a presence on the ground understanding the pool of potential applicants and assess the cost incurred to the government for utilizing any other potential candidates that may be interested in the opportunity.

The Government (or Program Office) expects to obtain a technical data package or develop a performance specification that will support competition for future acquisitions of the same or similar items.

SECTION 7. CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

SIGNATURE:

Vincent Pavone Date Team Lead

Requirements Cognizance:

SIGNATURE:

Greg Borgstede Date Division Director

LEGAL SUFFICIENCY REVIEW

This J&A is hereby determined to be legally sufficient.

SIGNATURE:

Kathleen Martin L/BA Date

____________________ 8/28/2024

8/28/2024____________________ d

__________________________ 08/29/24

CERTIFICATIONS (Continued)

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12)) I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

SIGNATURE:

Christopher L. Toso Date Contracting Officer

SECTION 8. APPROVALS

SIGNATURE:

BRANCH CHIEF SIGNATURE:

Alexander D. Warsaw Date

A/OPE/AQM/IP/INL

COMPETITION ADVOCATE

SIGNATURE:

Sharon James Date Competition Advocate

Christopher L Toso Digitally signed by Christopher L Toso Date: 2024.08.29 12:13:08 -05'00'

ALEXANDER D WARSAW Digitally signed by ALEXANDER D WARSAW Date: 2024.08.29 14:28:01 -04'00'

Sarah B Drabkin Digitally signed by Sarah B Drabkin Date: 2024.08.30 12:41:44 -04'00'

APPROVALS (Continued)

HEAD OF THE CONTRACTING ACTIVITY

SIGNATURE:

Ramona Watts-Sutton Date

HCA

Vincent J Sanchez Digitally signed by Vincent J Sanchez Date: 2024.09.05 12:37:07 -04'00'