A04 - Limited Source Justification.pdf

US Department of Agriculture (USDA)

Single Source or Brand Name Justification Under Simplified Acquisition Threshold

Contents Section 1: Single Source or Brand Name Justification

1.1 Identification of the Agency and Contracting Activity

1.2 Description of the Supplies or Services Required to Meet the Agency’s Needs

1.3 Circumstances and Rationale for Limiting Competition

1.4 Description of the Market Research Conducted Among Schedule Holders and the Results or a Statement of the Reason Market Research Was Not Conducted

1.5 Estimated Price, Including All Options, If Applicable

1.6 Recommended Source(s)

Section 2: Certifications and Approvals

2.1 Program or Technical Personnel

2.2 Contracting Officer

Section 3: Notes and Guidance ................................................................................................ Error! Bookmark not defined.

Section 1: Single Source or Brand Name Justification

1.1 Identification of the Agency and Contracting Activity

United States Department of Agriculture, Departmental Administration, Office of Contracting and Procurement, Procurement Operations Division, 301 S. Howes Street, Suite 321, Fort Collins, CO 80521.

1.2 Description of the Supplies or Services Required to Meet the Agency’s Needs The Credit Programs Division/Risk and Asset Management branch has requested renewal of a labor-hour contract for legal services to be awarded to Dechert Russia LLC.

The objective is to procure professional legal services on behalf of the USDA/FAS/Global Programs, Credit Programs Division, with respect to two defaulted Russian banks (International Industrial Bank (IIB) and AMT Bank) under the GSM-102 Export Credit Guarantee Program.

The period of performance is one year from the award date (anticipated 03/01/2021 through 02/28/2022), and four option years (03/01/2022 through 02/28/2026).

1.3 Circumstances and Rationale for Limiting Competition

FAR 6.302-3(a)(2)(iii), To acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

Citations: 10 U.S.C. 2304(c)(3) or 41 U.S.C. 253(c)(3).

The Government will procure legal advice for USDA/CCC with respect to two defaulted Russian banks (International Industrial Bank (IIB) and AMT Bank) under the GSM-102 Export Credit Guarantee Program; and the nature of the acquisition requires the use of the authority cited permitting other than full and open competition.

The scope of work will include but not be limited to:

• Advising the USDA/CCC on the relevant aspects of Russian law, in particular the recourse(s) available to the USDA/CCC, in connection with the USDA's efforts to seek recovery from the Russian banks;

• If requested, preparing and providing formal legal opinions, memoranda or other documentation which may be required by the USDA/CCC;

• If requested, representing USDA/CCC in meetings with the defaulting banks.

Since Dechert was contracted by FAS as its Russian legal counsel at the time of the initial defaults of IIB and AMT Bank, this would be a continuation of the initial work.

Awarding the contract to Dechert is a better value to the Government than receiving professional legal services from a new firm because it would reduce lead time and work would continue where it last stopped, eliminating a duplication of work. This will result in a cost and time savings for the Government.

1.4 Description of the Market Research Conducted Among Schedule Holders and the Results or a Statement of the Reason Market Research Was Not Conducted

For the initial award, in October 2010, the Credit Programs Division (CPD) sent solicitation letters focused on the above scope of work to four law firms in Russia. At the suggestion of the U.S. Department of Justice (DOJ), preliminary market research was focused on firms listed in the "Legal 500", which is a client's guide to the selection of law firms in different countries. In addition, CPD consulted with our post in Moscow and our external counsel in Ukraine, Sayenko Kharenko, and obtained names of legal firms.

In narrowing down the firms to approach, CPD eliminated most U.S. based firms or firms with offices in the U.S. This criterion is based on the presumption that, should this case be referred to

DOJ for litigation, U.S. based firms or firms with offices in the U.S. could present a conflict of interest when working for and on behalf of DOJ. Nevertheless, given the fact that CCC may need to identify assets outside of Russia and assess possible avenues of recovery for such assets, some firms with offices in the U.S. were considered since such firms would probably be better qualified and equipped to do such work outside of Russia.

The law firms receiving solicitation letters were Dechert Russia LLC; Muranov, Chernyakov & Partners; ALRUD Law Firm; and Egorov Puginsky Afanasiev & Partners. All four responded with interest. On November 2, 2010, CPD responded to the four firms with a declaration of what banks were in default so that the law firms could conduct a conflict of interest review. Of the four firms, three (Dechert Russia LLC; Muranov, Chernyakov & Partners; and ALRUD Law Firm) responded clearing conflicts of interest. The other firm did not respond.

1.5 Estimated Price, Including All Options, If Applicable

The estimated value is $25,000 for the first year. If the option year is exercised, additional funds would be allocated from FY 2022 approved funds.

1.6 Recommended Source(s)

Dechert Russia LLC 7 Gasheka St., Structure 1 Moscow 123056 Russian Federation

Section 2: Certifications and Approvals

2.1 Program or Technical Personnel

Supporting data which form the basis for and included in this justification are certified accurate and complete.

Rita Carleton Director, Risk & Asset Mgt.

2.2 Contracting Officer

The information contained in this justification is accurate and complete to the best of my knowledge and belief and in accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine the circumstances described above deem only one source, or limited sources, reasonably available and competition is precluded for the reasons indicated in this document.

Corey Murzyn Contracting Officer

2.25.2021