Brand Name JA_Benin FAB_CA_Redacted5.pdf

Bureau of African Affairs FAB Foundational Skills &Development Trans-Sahara Counterterrorism Program Brand Name J&A

JUSTIFICATION AND APPROVAL (J&A)

FOR EXCEPTION TO FAIR OPPORTUNITY

FAR Part 16.505(b)

1. Identification of the agency and the contracting activity:

The Department of State Office of Acquisition Management is conducting this acquisition of other than full and open competition to procure interoperable materiel on behalf of the Bureau of African Affairs Office of Regional Peace and Security (AF/RPS). The total estimated cost of brand-name items under the Task Order competition is approximately . This task order will be a competitive task order issued under the AFRICAP III IDIQ’s; however, a portion of the equipment being purchased will require brand-name to meet the mission of Benin.

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

This justification pertains to a new task order with firm fixed pricing for labor and equipment and cost reimbursable CLINs for training support services and other direct costs. The proposed task order award shall be issued to provide foundational skills and leadership development training and equipment support to the Armed Forces of Benin (FAB). Some equipment items need to be of specific make and/or model to meet the specific capability and integration needs identified by U.S. Embassies Cotonou, Office of Security Cooperation Cotonou, and the Partner Nation, as well as to ensure interoperability with the Partner Nations (PN)’s existing inventory and available maintenance skillsets.

3. A description of the supplies required to meet the Department’s needs.

The following order shall be issued within the period of performance of the AFRICAP IDIQ multiple award contracts’ and within the maximum value of said contracts. The requirement is to deliver the following items Benin for use by the FAB

ITEM DESCRIPTION QTY PRICE TOTAL PRICE SPECIFICATIO

NS

Radio 100

Troop-Transport Vehicle 100 Toyota Land

Cruiser Model

a. One hundred (100) two-way radios to FAB personnel undergoing Foundational Skills and Leadership Training , Benin with a total estimated cost of . the USG provide radios of this specific make and model, given their reliability, durability, and interoperability in the field.

and transitioning to a different system may unnecessarily complicate the training component of this task order and alternative radios would create interoperability issues for the

. During operations, a lack of interoperability makes military forces less able communicate critical mission information such as the location of hostile forces or friendly forces. A lack of radio interoperability creates an intolerable level of risk for soldiers and could have a direct impact on the success or failure of a military operation. The COR therefore determines that there is no substitute make, model, or brand available to meet the equipment requirements as specified in the TOR equipment list.

b. One hundred (100) Toyota Land Cruiser Model 79 to be used as troop transport vehicles by the FAB, with a total estimated cost of . The Partner Nation currently uses a variety of Toyota vehicles for troop transportation and has the necessary spare parts, logistical support, and technical know-how to repair and maintain these vehicles. An attempt to transition away from these vehicles would significantly complicate the long-term maintenance and reliability of U.S. provided vehicles, with most spare parts for alternative vehicles not being readily available on the African continent.

to sustain vehicles and logistically sources parts for vehicles directly impacts mission success and the safety of soldiers using U.S. provided equipment on the battlefield during operations. Providing the partner with vehicles the creates a significant safety risk to soldiers involved in operations and an unacceptable risk to mission. Additionally, procuring alternative vehicles would result in additional shipping costs and would unnecessarily increase the total cost of this task order, as well as lead to unforeseen shipping delays that can adversely impact the successful implementation of this contract to afford and sustain vehicles provided through this project. The COR therefore determines that there is no substitute make, model, or brand available to meet the equipment requirements as specified in the TOR equipment list.

4. An identification of the statutory authority permitting other than full and open competition. This acquisition is conducted pursuant to 41 U.S.C. § 4103 and § 4106 as implemented by FAR 16.505(b)(2) and substantiated by the following:

FAR 16.505(b)(2)(i)(B) – Exceptions to the fair opportunity process.

It is determined that only specified brand names of spare parts and support equipment accomplish the operational requirements agreed upon between the U.S. government and the Partner Nation. The specific spare parts items are required due to interoperability with the partner nation’s existing fleet of transport vehicles, and history of using and maintaining this brand name equipment. Procuring different spare parts and support equipment items that are not interoperable with the existing inventories would render the items useless and threaten operational readiness. Therefore, it will be in the best interest of the U.S. government to approve this justification.

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

The Contracting Officer determines that the anticipated prices for the items required for the task order will be fair and reasonable based on the adequate price competition between the AFRICAP IDIQ holders.

6. Any other facts supporting the use of this justification

Market research indicates that other companies’ spare parts components and equipment fail to meet the requirements of interoperability .

They lack specific features and cannot be modified to meet the integration requirements for functionality. The items listed above are brand name and essential to the Government’s requirement and successful performance of the prospective contractor. Contractors under the IDIQ for which the prospective task order contract will be awarded have a purchasing system acceptable to the U.S. Government and therefore are required to conduct full and open competitive award procedures for acquisition of the items listed.

7. Actions the agency May Take to Remove or Overcome Any Barriers to Increase Fair Opportunity before any subsequent acquisitions for the supplies or services is made.

The USG plans to prioritize assisting Benin with procuring alternative vehicle models in future projects to overcome brand name barriers, as well as expanding competition and the logistical supply base for the Beninese Armed Forces through the wider professionalization of their military forces. Furthermore, the COR/CO determines that the anticipated price will be fair and reasonable based on the adequate price competition between the AFRICAP IDIQ holder.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-2(b)) I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

SIGNATURE AND DATE:

Program

Bureau of African Affairs, Office of Regional Security (AF/RPS)

SIGNATURE AND DATE:

Program

Reviewed by:

Contracting Officer Date

A/OPE/AQM/WWD/RSB

Date

A/OPE/AQM/WWD/RSB

Division Director Date

A/OPE/AQM/WWD

Attorney Advisor Date

L/BA

FINAL APPROVAL

Competition Advocate Date

A/OPE/OAP

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