J_ _A_Document_FedbizOpps_03-14-14.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND

OPEN COMPETITION

1. Identification of the Agency and the Contracting Activity.

The Regional Procurement Support Office (RPSO) in Frankfurt, Germany, is requested to conduct this acquisition for two Mitsubishi double cab pick-ups L200 on behalf of the Office of Export Control & Related Border Security (EXBS) Program at the American Embassy in Tirana, Albania. The estimated cost is $60,000.

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

This action is to approve the purchase of the specific brand and type of Mitsubishi vehicles described in Section 3 below. The vehicles will be provided to the Albanian Border Police (ABP) under a U.S. Government funded nonproliferation assistance program. The ABP will deploy the vehicles to the Regional Border Police Directorates in Albania for patrolling, monitoring and controlling its land borders, and to interdict illicit trafficking across those borders. The procurement is to be limited to the specific Mitsubishi model for reasons cited in Section 5 of this document.

3. A description of the supplies or services required to meet the agency’s needs.

Two (2) units of new Mitsubishi Double Cab Pick-Up L200, Model Invite; 4-wheel drive (4x4);

4 doors; 5 seats; 2498 cc, 4-cylinder, 105 KW (141 HP), Turbo-Diesel engine; 6-speed manual transmission; Anti-Skid Brake System (ABS); Electronic Brake Distribution (EBD);

front brakes with ventilated disc; rear brake with drum; positive locking rear differential; 16-inch steel wheels (rims); tires size 205/80 R 16; air conditioner; front airbags; immobilizer;

bumpers in the color of the vehicle; reinforced radiator; reinforced suspension; spare tire fitted under the chassis; standard upholstery; and black exterior color. The rear section (bed) of the vehicle is to be fitted with a canopy. Following are the minimum specification requirements for the canopy: Reinforced glass fibre, and in black colour same like the pick-up; smoke coloured side windows, sliding type with locks; smoke coloured rear window, top hinged, folds-up type; rear door/gate of the pick-up bed to be folds-down type; locks fitted on rear door; the canopy to be bolted on inside of the pick-up bed.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority is 41 U.S.C. 253c (1). The regulatory authority is the FAR 6.302-1, Only one responsible source and no other vehicles will satisfy the agency requirements.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The ABP is the designated law enforcement agency responsible for controlling all Albania’s land borders between fixed border crossings for the purposes of interdicting illicit trafficking in contraband and people. The country’s rugged terrain requires 4-wheel drive patrol vehicles that have a superior record of performance and reliability while operating under such harsh conditions. The Mitsubishi Double Cab Pick-Up L200 has proven to be the ideal vehicle for the demands of this mission and environment, and thus is the vehicle preferred by the leaders of the ABP. Over the past two years, the Office of EXBS has donated six (6) units of this particular model to the ABP. Providing the two (2) additional units of the Mitsubishi L200 will fulfill the ABP’s needs of the patrol vehicles, while ensuring the interoperability with the existing vehicles fleet as well as standardized patrolling operations, and maintenance support involving the vehicles. Also, spare parts and after sales service for the Mitsubishi vehicles are widely available within Albania.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

RPSO sent out a request for price quotations for the subject vehicles to a total of four (4) international sources to ensure adequate competition for the subject requirement.

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

In response to the request for price quotations that was provided to four (4) international sources, RPSO received one (1) offer for the subject requirement from the company Buk- Auto A/S in Svendborg, Denmark. The price reasonableness has been determined by competition and comparison of the technically acceptable offer with the Government cost estimate. The price quoted by the company Buk-Auto A/S is well within the Government cost estimate for the subject requirement.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

The Office of EXBS in Tirana conducted a preliminary market research which revealed that the selected type of Mitsubishi vehicle has a solid performance record for operating in the extreme road and weather conditions in Albania.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition

There are no other facts to be added. The purchase of the foreign-made (non-U.S.-manufactured) vehicles was approved by the Office of Export Control Corporation at the U.S. Department of State on 12/13/2013.

10. A Listing of sources, if Any, that expressed, in writing, an interest in the acquisition.

None.

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. Include a statement that this J & A for other than full and open competition will be published on FedBizOpps in accordance with FAR Section 6.305 within 14 days of award (or within 30 days if the J & A is for unusual and compelling urgency.)

None in this case. The Mitsubishi Double Cab Pick-Up L200 is the best product to meet the requirement of the ABP in Albania.