D and F Under SAT Redacted.pdf

Determination and Findings

Authority to Solicit Other than Small Business Under the Simplified Acquisition Threshold FAR 19.502-2 Total Small Business Set-Asides

Determination and Findings: Based upon the following findings, the Contracting Officer has determined the action cannot be set aside for small business pursuant to FAR 19.502-2, Total Small Business Set-Asides.

Findings:

1. The Office of INL/SAO/GAPP proposes that the acquisition, installation, and configuration of I.T Servers, KVM Consoles, desktop computers, laptop computers and applicable Operating System licenses on behalf of the INL/WHP-Guatemala cannot be set-aside for small business given there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery.

2. The results of market research performed on July 2, 2025 through a Sources Sought notice did not result in a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery. Therefore, the requirement shall be solicited on an unrestricted basis. The estimated value is XXXXXXXXX for a period of 6 months.

3. The attached market research results from the Sources Sought notice 191NLE25I0009 posted on SAM.gov support the Contracting Officer’s findings that the requirement could not be set aside for small business concerns and that the reasons for not setting aside are valid. The results of this market research showed seven interested vendors, of which two were small businesses, three were foreign entities, and two were other than small business. The two small business’ responses did not indicate their ability as either registered to do business in the host country, or an existing partnership with a host country registered business. This is required for the on-site installation and configuration of the equipment as well as for maintenance and warranty support. XXXXX also did not address the need for Spanish language components (i.e. Spanish Laptop keyboards). The Contracting Officer certifies that this determination is not based on insufficient reasons for not setting aside an acquisition in accordance with FAR 19.502-5.

4. The Contracting Officer and program concur that this determination will be reviewed annually, prior to any option exercise, and any follow-on requirement will be reviewed and reconsidered for socioeconomic preferences prior to solicitation.

Determination Based upon the above findings, and as authorized by Federal Acquisition Regulation, I have determined that circumstances support the solicitation of other than small business under the simplified acquisition threshold as appropriate and in the Government’s best interest.

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Contracting Officer Signature Date

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Competition Advocate Signature Date