19PK3320Q5968 JOFOC PM Services for KONE Elevators.pdf

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

(OVERSEAS CONTRACTING ACTIVITIES)

BRAND NAME JUSTIFICATION

1. I recommend that Embassy Islamabad use other than full and open competition for the acquisition of Preventative Maintenance Services for KONE Elevators at Embassy

Islamabad (19PK3320Q5968). The estimated cost is $650,000.00.

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

Post seeks to contract with a reliable elevator maintenance contractor, while respecting the investment in the New Embassy Compound (NEC) when constructed by adhering to KONE certifications and authorities regarding the maintenance and upkeep of the installed KONE elevators at the NEC. Post’s needs are long-term and dictate a base-plus-four-option-years’ contract.

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

Professional technical and mechanical preventive maintenance and repair services from an authorized KONE distributor/dealer to maintain the elevators in efficient, functional and reliable operational conditions. Post requires a KONE-authorized dealer as the source of supplies and services. KONE restricts the sale of parts and software to authorized dealers only. For safety certification reasons, OBO requires contracting only KONE-authorized dealers for these services on all KONE elevators at U.S. Government facilities.

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

Sole Brand reference below;

FAR 6.302-1: “Only one responsible source and no other supplies or services will satisfy agency requirements. (a) Authority, (1) Citations: 10 U.S.C. 2304(c)(l) or 41 U.S.C. 3304(a)(l).

This vendor is the only source available and is considered by Post Contracting and Facilities

Management offices as the only source qualified under sub-paragraph (a)(2)(ii) of the referenced paragraph: “Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in – (a) substantial duplication of cost to the Government that is not expected to be recovered through competition.”

Sole Source/Brand name reference is cited below:

FAR 6.302-1 (c) Application for brand-name descriptions.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited).

GSO Procurement will submit this for solicitation/quotations for full and open competition, but with the specification of the brand (KONE).

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a FedBizOpps notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., blanket waiver provided in DOSAR 605.202-70).

This document serves as Brand Name Justification. This procurement will seek full and open competition, and will be published on beta.sam.gov and on the Embassy’s webpage.

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

Other than the requirement for Brand Name-specific, this procurement will be competed to the widest extent practicable and the award will be LPTA.

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

Full and open competition will be pursued, with advertising of the requirements on beta.sam.gov and on the Embassy’s website.

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

N/A

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

Advertising of this requirement after approval of this JOFOC will be full and open.

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.

Post has determined that no other steps are appropriate at this time.