DON SAP Single Source Softskin SUVs FINAL SIGNED.pdf

SAP SINGLE SOURCE DETERMINATION

NON-TACTICAL VEHICLE LEASE OF FOUR ARMORED SUVS, MOGADISHU, SOMALIA

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER THE

SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The purpose of this acquisition is to provide for the lease and maintenance services of six non-tactical, un-armored vehicles made up as follows: two large 4x4 SUVs, three crew cab pick-up trucks, and one medium size passenger van. The source of these vehicles is SKA International Group, the current holder of NAVSUP contract N68171-22-P-4024. The period of performance for this acquisition will be 90 days with a 60 day optional period of performance. The period of performance start date is 1 April 2023.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

AUG 2018 Page 2 of 3

C. X UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: 14 March 2023

2. Required delivery date/period of performance: 1 April 2023

3. Explanation of why delivery/commencement of services by the date mentioned above is required: On 14 March 2023, during the post award kick-of meeting for NAVFAC contract N33191-23-P-0002, the incumbent contractor, Roy Group International (RGI) claimed that publishing the contract line item pricing information in the award synopsis compromised his ability to perform the contract at the proposed prices. On 15 March 2023, RGI submitted an email to the Government formally establishing that publishing the award document on www.sam.gov has hampered their ability to perform the contract as awarded. They have requested a 103% increase to the contract value; as well as, a thirty-day extension to the period of performance start date. On the same day, the Government responded to RGI’s email stating the Government would neither adjust the contract price, nor extend the period of performance and restated the requirement to perform the contract as awarded. On the same day, RGI responded to the Government and stated they would perform, only if they received the additional time and money requested.

As of 20 March 2023, there are 11 days until performance is required to begin and the Government has received zero assurance from RGI that they intend perform the work stipulated in the contract by the required date of 1 April 2023. The Government cannot afford to wait until 1 April 2023 to discover there are no vehicles available to support the ongoing contingency operations in Mogadishu. The Government must act now in order to avoid a break in service. Given the time it takes to get funding in place, solicit the contractors, negotiate an agreement, and get a contract in place, there is insufficient time to do anything other than award a sole source contract to the current contract holder of the six soft-skin vehicles, SKA International.

4. If appropriate, include any additional pertinent information: N/A.

http://www.sam.gov/

AUG 2018 Page 3 of 3

IV. CERTIFICATIONS/APPROVALS:

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

David Thompson Transportation Specialist

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Alex H. Wingert Contracting Officer