19GE5026Q0023-Sole Source Justification-signed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity ☐ Global Acquisitions

Requiring Activity Overseas Buildings Operations, U.S. Department of State

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

Approval is requested to solicit and award on a sole-source basis a contract to E.S. Shimron, I. Molho, Persky and Co. for the supplies and/or services described in Section 3 on behalf of the Requiring Activity.

Previous contract (Contract # 19GE5020C0019 – RPSO) expired on January 14, 2026.

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

NEEDS

Local legal services are needed to ensure the US. Government 's site acquisition pertaining to the Allenby site, in accordance with the terms of a previously executed agreement with the GOI, and Diplomat Hotel/Arnona site, are executed in accordance with local law.

Local legal services are needed to facilitate the US Government’s completion of the Town Plan (zoning) Changes with various jurisdictions and committees in Israel.

The estimated value for the entire period of performance is $860,000.

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

This statutory authority permitting other than full and open competition is 41 U.S. Code 1901 as implemented by FAR (RFO) 12.102; specifically, this authority permits contracting on a sole-source basis.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE

AUTHORITY CITED

Since 2002, E.S. Shimron, I. Molho, Persky and Co. has been an integral source of legal support and continuity for the Jerusalem NCC, and now NEC, site acquisition team. The firm has acted as the liaison between the US government and the host government. Recently, the firm's role has significantly expanded to address the relocation of the US Embassy from Tel Aviv to Jerusalem. Given the firm's long-term involvement in supporting the management of this acquisition, it has been a source of necessary continuity in legal counsel services and local expertise.

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Recent activities related to the complexity of resolving the Allenby and Diplomat Hotel issues related to the future NEC in Jerusalem, particularly with facilitating the necessary legal coordination between the Government of Israel, municipality, and Post, only increases OBO 's need for knowledgeable, immediately available, local legal counsel. E.S. Shimron, I Molho, Persky and Co. has been involved in these matters on a daily basis and possesses the knowledge and relationships to endure a successful outcome, paving the way for a property settlement. It is critical that their services be available to ensure continuous support of the complex real estate legal matters. To remove E.S Shimron, I Molho, Persky and Co. during this critical period would almost certainly endanger the critical timelines of this highly visible project.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A

NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY FAR SUBPART 5.2 AND, IF NOT,

WHICH EXCEPTION UNDER FAR 5.202 APPLIES

Not applicable for this contract, since no other law firm can provide the needed services at this point. The last market survey was conducted in 2002 when the Mission first engaged E.S. Shimron, I. Molho, Persky and Co. for legal support related to the Jerusalem NCC, and now NEC. Since that time, the firm's long-term involvement in supporting the management of this acquisition has been a source of necessary continuity in legal counsel services and local expertise. Replacing local legal guidance during a critical point in a multi-year-long real estate transaction is a decision that will almost certainly cause overall project delays, the cost of which dwarfs the potential (and unlikely) savings from competitively bidding these services at such an inopportune time.

An intent to sole source notice was posted to SAM.GOV on January 13, 2026, with no responses received.

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT IS FAIR AND REASONABLE

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable based on price based on prior competitions, market prices and historical prices. By signing the justification, the Contracting Officer makes a determination that the cost to the Government is expected to be fair and reasonable.

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND

THE RESULTS OR A STATEMENT OF THE REASON A MARKET RESEARCH WAS NOT

CONDUCTED

The last market survey was conducted in 2002 when the Mission first engaged E.S. Shimron, I. Molho, Persky and Co. for legal support related to the Jerusalem NCC, and now NEC. Since that time, the firm's long-term involvement in supporting the management of this acquisition has been a source of necessary continuity in legal counsel services and local expertise. Replacing local legal guidance during a critical point in a multi-year long real estate transaction is a decision that will almost certainly cause overall project delays, the cost of which dwarfs the potential (and unlikely) savings from competitively bidding these services at such an inopportune time.

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

None.

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SECTION 10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED A WRITTEN INTEREST IN

THE ACQUISITION

None received.

SECTION 11. 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

The services contemplated by this action can almost never be properly replaced in a cost-effective manner.

Replacing local legal guidance during a critical point in a multi-year long real estate transaction is a decision that will almost certainly cause overall project delays, the cost of which dwarfs the potential (and unlikely) savings from competitively bidding these services at such an inopportune time. Further, substitution of new counsel, unfamiliar of the history and participants of a specific transaction, could even endanger the entire viability of that transaction. Finally, the hours required of both new counsel and USG personnel in educating prospective new counsel would be significant.

SECTION 12. CERTIFICATIONS

All reviews and approvals should be completed in the order listed unless otherwise authorized or required.

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.

SIGNATURE:

Russell Ottalini February 5th, 2026

Realty Specialist

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:

Travis Keon Date Contracting Officer and RPSO Deputy Director

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Date