A02 JA Sole Source_Redacted.pdf

OCT 2023

5. Reason for Authority Cited: Security services within Thailand must adhere to a 2015 Thailand Security Guard Business Act that requires all Security Guard companies that operate and provide services within Thailand to have more than half of their shareholders/directors consist of Thai nationals. Further constraints and limitations from the Royal Thai Army due to the location of the WRAIR/AFRIMS labs include restricting the number of personnel allowed on duty per shift and at each post. Contractors and WRAIR must adhere to the Royal Thai Army’s staffing plan while on the complex.

Additional issues within Thailand include the use technology that is not compliant with the 2019 National Defense Authorization Act, Section 889 requirement and its implementation via FAR 4.2102 and the provision FAR 52.204-26 to which all contractors are required to answer prior to award. FAR 52.204-26 requires a company to represent if they do or do not use telecommunication equipment from excluded parties as part of their products or services. Both the current and previous contractor for security services are in SAM.gov as having affirmative responses to 52.204-26, which would render them unacceptable for award, though both awardees were the only contractors found to be technically acceptable in their respective successful solicitations. The impact and processes surrounding the Section 889 process are continually evolving and the need for a contractor that can adjust and move forward with the changes as needed is required to maintain the safety and security of

WRAIR/AFRIMS.

Knowledge of the Thailand cultural landscape and a business acumen of the different market base is also needed to maintain a contracting or subcontracting relationship within Thailand. It is important to recognize and navigate the cultural differences with respect as a misstep can impact the continuation of a contractual relationship.

6. Efforts to Obtain Competition: A review of past offerors and a search for Thailand security contractors via USAspending.gov and SAM.gov did not reveal additional contractors that could meet the requirements. A Request for Information (RFI) was published on SAM.gov from 7 March 2024 to 21 March 2024. Capability statements were provided by eight potential contractors and evaluated by WRAIR. While two of the capability statements were found to be acceptable at the time, none of the capability statements were able to demonstrate prime experience in Thailand managing a security contract.

7. Actions to Increase Competition: Continued surveillance of the marketplace will be conducted to determine if additional sources are available.

OCT 2023

Typed Name: Title:

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Price analysis and an Independent Government Estimate will be used to determine the price fair and reasonable. Certified Cost and Pricing date is not required per FAR 15.403-1(b)(3).

Date: ________________________

Typed Name: Title:

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and

Date: ________________________

Typed Name: Title: