J andA Armored SUV.doc

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

1. Identification of the agency and the Contracting Activity The agency is the U.S. Embassy, INL Section, Kyiv, Ukraine. The Contracting Activity is the Office of Acquisition Management, Regional Procurement Support Office Frankfurt.

2. Nature and/or description of the action being approved The action is for the delivery of four (4) armored Toyota Land Cruiser Prado SUVs and one (1) Toyota Hilux Pickup truck

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

For the contract, the company Bering Global Solutions, LLC, Arlington, VA, USA, offered to deliver 5 armored SUVs which meet the technical specifications in the Statement of Work within 30 days after contract award.

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

The statutory authority is 41 U.S.C. 253(c) (2). The regulatory authority is FAR 6.302-2, Unusual and Compelling Urgency.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited One of the requirements for armored vehicles is to have them delivered by the quickest means possible. Bering Global Solutions, LLC offers to provide these armored vehicles within 30 days from the award of the contract.

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

The proposed contract action is made under the conditions described in 6.302-2 Unusual and Compelling Urgency.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable, based on past vehicle procurement actions.

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

INL office in Kyiv reached out to several distributors of armored vehicles. Other vendors were unable to deliver the vehicles within 30 days of the award.

9. Any other facts supporting the use of other than full and open competition

None.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition

The other sources that expressed an interest in the acquisition of the armored vehicles are unable to deliver them to the NABU within 30 days after contract award.

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.)

This J&A for other than full and open competition will be published on FedBizOpps in accordance with FAR Section 6.305 within 30 days. However, the posting will be generic in nature i.e.: no specifics e.g. names, explanations, why & where, thereby protecting the identity of involved customer and employees alike.

American Consulate General

Regional Procurement Support Office (RPSO)

Giessener Strasse 30

60345 Frankfurt am Main

Germany

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