19PM0721Q0044_JOFOC_MERCURY.pdf

SENSITIVE BUT UNCLASSIFIED

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that the Embassy Panama INL Section use other than full and open competition for the acquisition of five (5) Mercury outboard engines. The estimated cost is USD$ 127,338.

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

The requested action intends to obtain approval to procure the above-described outboard boat engines, partially limiting competition to those companies that can provide the brand “Mercury,” which is the only acceptable brand that is compatible with the current boat hull and electrical system.

The purchase is part of the Regional Maritime and Land Interdiction project and is required to allow the Government of Panama’s National Border Service, SENAFRONT, to repair multiple Boston Whaler boats (#s 340, 341, & 345) in its possession. SENAFRONT received these boats from the U.S. manufacturer with Mercury outboard engines.

Proprietary Mercury replacement parts are the only replacement parts that can be used with these engines without replacing the electrical components of the boat.

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

Two (2) Mercury 4.6L V8 SeaPro AM XL 1.75:1 300 HP Outboard Engine Two (2) Mercury 4.6L V8 SeaPro AM CXL 1.75:1 300 HP Outboard Engine One (1) Mercury 4.6L V8 SeaPro AM XXL 1.75:1 300 HP Outboard Engine

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

This request is submitted based on the following statutory authorities:

14 FAH-2 H-225.1 (5)”... Use of a “brand name” or other type of purchase description to specify a particular brand name, product, or product feature peculiar to one manufacturer does not provide for open competition regardless of the number of sources solicited...”

FAR Part 6.302-1 (c) (1) (i) (A) “... Application for brand name descriptions.

c) Application for brand-name descriptions. (1) An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer –(i) Does not provide for full and open competition, regardless of the number of sources solicited; ... (A) if only a portion of the acquisition is for a brand-name product or item...”

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).

There is no proposed contractor in this Justification and Approval (J&A) request. The contract will be awarded to the vendor that submits the lowest-price technically acceptable (LPTA) offer in response to a beta.sam.gov solicitation.

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).

A beta.sam.gov solicitation will be publicized with an invitation to a minimum of three (3) vendors and following all guidelines required for brand name use.

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

We anticipate fair and reasonable cost as it will be competed among all interested vendors that sell the brand name Mercury.

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

The INL Procurement Unit conducted market research to identify available sources and price reasonability from the direct brand name company as well as national and international distributors.

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.

N/A

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.

As explained above, because of the restricted boat hull installation of the motors, the use of brand name cannot be overcome in future competitions.

This J&A form will be published with the solicitation in accordance with FAR Section 13.501 (a)(1)(iv) “…Sole source (including brand name) acquisitions … conducted under simplified acquisition procedures are exempt from the requirements in part 6. However, contracting officers must … make publicly available brand name justifications with the solicitation …”, or at the discretion of the Contracting Officer.

CERTIFICATIONS

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

_March 2, 2021__ _Kendall Moss______________________

Date Kendall Moss INL Deputy Director International Narcotic and Law Enforcement

Requirements Office

I certify that this submission is accurate, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Date Contracting Officer US Embassy Panama

March 3, 2021