Attachment 3 JOFOC.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

OVERSEAS CONTRACTING ACTIVITIES

1. Identification of the agency and the contracting activity:

I recommend that the Regional Procurement Support Office at the U.S. Consulate General Frankfurt, Germany use other than full and open competition for acquisition of 40x Single cabin Pick-up trucks on behalf of the Bureau of International Narcotics and Law Enforcement (INL). The total estimated cost is $1,560,000,-.

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

Supply & delivery of Toyota Pick-up trucks.

O s requirement.

INL Pakistan requires 40x Toyota single cabin Pick-up trucks for use by the Baluchistan and Khyber Pakhtunkhwa Police, Pakistan.

3.

Forty units of right-hand-drive single cabin pick-up trucks, featuring four-wheel drive and a seating capacity of three that can be serviced and maintained in Baluchistan and Khyber Pakhtunkhwa, Pakistan by host agencies and for which parts are readily available within Baluchistan and Khyber Pakhtunkhwa, Pakistan.

4. An identification of the statutory authority permitting other than full and open competition. This acquisition is conducted under the authority of 41 U.S.C. 3304 (a) (1), as implemented by FAR 6.3 and substantiated by the following:

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. (c) This acquisition uses brand-name description.

qualifications or the nature of the action require use of the authority cited.

The Balohistan Police and Khyber Pakhtunkhwa Police maintain law and order in their respective provinces, each of which borders Afghanistan. The agencies carry out counter-narcotics/counter-terrorism operations and provide security in these historically troubled areas. INL funding will provide more vehicles to carry out their mission. The Police requested INL to only provide Toyota brand vehicles because Toyota is the predominant brand in these provinces and has a well-integrated after sales service network throughout the region. The area where these vehicles would be deployed is very remote and expertise to maintain other brands of vehicles is virtually non-existent. Furthermore, spare parts for

Toyota vehicles are available in abundance at competitive process in the area where these vehicles would be deployed while other brands are very hard to come by. These vehicles are to be used by the host agencies to conduct surveillance and operations in Balochistan and Khyber Pakhtunkhwa provinces. The agencies require inconspicuous vehicles that can blend in with other vehicles seen on the road. Toyota is the most common brand used in this region in the required vehicle category. Any compromise could threaten the

A 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.

The requirement will be competed between Toyota dealers. The quote with the lowest price technically acceptable will be awarded.

7. A determination by the ordering activity Contracting Officer that the anticipated cost to the Government is fair and reasonable.

The Contracting Office determines that the anticipated price(s) will be fair and reasonable based on competition of various Toyota dealers and a review of previous purchases. By signing the justification, the Contracting Officer makes a determination that the cost/price to the Government are expected to be fair and reasonable.

A description of the market survey conducted (see Part 10) and the results or a statement of the reasons a market survey was not conducted.

The host agencies require right-hand drive powerful vehicles that can serve as command vehicles during counter-narcotics and counter-terrorism operations. Our preliminary market research with the various manufacturers revealed that no other vendor manufactures a right-hand drive vehicle whose after sales service is available in the Balochistan and KP Provinces of Pakistan, especially along the outlying border line areas.

9. Any other facts supporting the use of this justification.

A blanket source/origin waiver is in effect for right-hand drive vehicles and lightweight motorcycles in Pakistan.

10. A listing of any sources that expressed a written interest in the acquisition.

The requirement will be posted on SAM.gov .

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.

INL will consider full and open competition for each project on a case-to-case basis.

However, future competition will also have to depend on the mission and maintainability of the vehicles used in the areas of the operations.

APPROVALS

SIGNATURE:

Eric N. Moore Director Regional Procurement Support Office, Frankfurt

SIGNATURE:

Kathleen D. Martin Legal Adviser, Buildings and Acquisitions

Date

Date

SIGNATURE:

Sharon D. James Date Competition Advocate

A/OPE/AP/PD