19GE5022P0130 Justification for SAM.gov.pdf

PR10855023 – INL Kyiv – Gabion barriers for SBGSU

SOLE SOURCE JUSTIFICATION – FAR Subpart 13.501

1. Identification of the agency and the contracting activity.

Customer: INL Kyiv, Ukraine

Contracting Activity: RPSO Frankfurt

2. The nature and/or description of the action being approved.

Non-competitive purchase of the gabion barriers described in item 3. The items are urgently needed to support the State Border Guard Service of Ukraine (SBGSU). SBGSU is seeking emergency assistance in procuring field fortification equipment for facilitating forward base deployments and securing Ukraine’s borders.

The estimated value of this procurement is UAH 20,835,250.00 / USD 706,173.09.

This action is for the delivery of gabion barriers to the State Border Guard Service of Ukraine referenced in the Joint Action Plan for the implementation of the international technical assistance project “Strengthening the capacity of the State Border Guard Service of Ukraine in securing Ukraine’s northern and eastern borders” registered by the Government of Ukraine under the authority of the Letter of Agreement on humanitarian and technical-economic cooperation between the Government of the United States of America and the Government of Ukraine as of May 07, 1992, and Letter of Agreement on Law Enforcement and Criminal Justice Sector Assistance between the Government of the United States of America and the Government of Ukraine as of March 13, 2015. This Joint Action Plan contains the urgent need for provision of non-lethal assistance to the State Border Guard Service of Ukraine to fulfill its core security mission.

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

The following items must be delivered no later than 70 days after award of the order and partial deliverables are required.

001: Gabion barrier (1,350 EA)

Approximate overall size (H x L x W): 2 m × 4 m × 1 m

002: Gabion barrier (650 EA)

Approximate overall size (H x L x W): 1,5 m × 5 m × 1 m

003: Gabion barrier (650 EA)

Approximate overall size (H x L x W): 1 m × 5 m × 1 m

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

FAR 13.501(a)(1)(ii) and 41 U.S.C. 1901

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

Due to the urgent and compelling need to effectively secure the Ukrainian border, in particular the eastern and northern borders of Ukraine, the Department is providing gabion barriers to the State Border Guard Service of Ukraine. The barriers will enable the efficient deployment of field units and implementation of border security and protection measures at the most vulnerable sectors of the Ukrainian border. This fortification equipment is valuable to increase the protection level of the field border guard units. 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. Plit LLC offers to provide partial deliveries upon the production of this equipment to meet the 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 FAR 13.501(a)(1)(ii) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203 for the publication and response time of proposed contract actions.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will utilize one or more of the price analysis techniques described in FAR 13.106-3 to ensure the agreed-to price is 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 Kyiv reached out to several distributors of the equipment. Other vendors were not able to provide the quantity requested within specified timeframe 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.

Other sources did not express an interest in the acquisition.

11. A statement of the actions the agency may take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

This justification will be published on SAM.gov within 30 days of award. 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.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

______________________________________ __06-24-2022________________

Name: Sarah Langenkamp Date Title: INL Director INL Kyiv

CONTRACTING OFFICER CERTIFICATION

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.

Juan M. Fernandez Date Contracting Officer

A/OPE/AQM

APPROVALS

Nicolas Wilhelm Date Director, Acting RPSO Frankfurt

Sharon D. James Date Advocate for Competition

A/OPE