JA _Dar_es_Salaam_(FBO).pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. The Office of Acquisition Management (AQM) is conducting this acquisition for local guard services on behalf of the U.S. Embassy Dar es Salaam, Tanzania. The estimated cost is US $2,748,935.00.

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

Approval is requested for a sole-source contract award to KK Security to provide local guard services at U.S. Embassy Dar es Salaam. This contract is for a performance period up to 12 months to allow for the completion of a full and open competitive contract award and contract transition.

3. A description of the services required to meet the Departments’ needs.

Local guard security services are required at the U.S. Embassy Dar es Salaam. The U.S.

Embassy Dar es Salaam’s mission of conducting foreign policy must be accomplished in a safe and secure environment. The primary mission of the local guard service is to provide protection for U.S. Government personnel, facilities and equipment from damage or loss due to violent attack and theft. As such, the local guards act as an early warning signal to the Embassy and the Diplomatic Security Regional Security Officer. The local guard services prevent unauthorized access; protect life; maintain order; and deter criminal attack against employees, dependents, property; deter terrorist acts against all U.S. assets; and prevent damage to Government property.

The estimated total dollar value for this 12 month acquisition is estimated at US $2,748,935.00.

4. An identification of the statutory authority 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.

KK Security is the current contractor performing local guard services at this Embassy. As such, KK Security retains the managerial, administrative, and direct labor personnel in-place to accomplish all work required, with minimal disruption to the Embassy mission, until a new award recommendation is made and the subsequent awardee can complete transition activities.

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

A full and open competitive solicitation is in progress; however, contract award and associated transition cannot be implemented before the current contract expires. As such, a sole-source bridge contract is necessary to ensure the safety and security of the Embassy. This sole-source contract has a three month base period with nine, one-month options. The options will only be exercised to the extent necessary to allow for the transition to the competitively awarded contract. The timeframe associated with this sole source contract award will permit State Department to conduct a complete analysis of submitted proposals and a full 90 day transition.

The follow-on solicitation was posted to FEDBIZOPPS as a full and open competitive acquisition.

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

This sole-source award requires a price analysis in accordance with FAR 15.404-1 (b) (2) to determine fair and reasonable pricing before the contract is awarded. Award will be made only after a fair and reasonable determination is made by the Contracting Officer. Some price analysis techniques applicable to this action include using the negotiated rates from the current bridge contract, and the incumbent’s proposed rates from the competitive solicitation.

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

Market research was not conducted because of the full and open solicitation from which State Department will award a follow-on contract. The current contractor is the only contractor that can provide the services without disruption to the Embassy mission

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

U.S. Embassy Dar es Salaam cannot operate with any break in local guard services because matters of security for the Mission are of the utmost importance. A break in security operations could cripple Mission operations jeopardizing the Mission and possibly lives of Mission personnel.

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

Contractors submitted proposals in response to the competitive solicitation that was posted on FedBizOpps. These contractors are interested in the five year contract award (base, plus four, one-year options.

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.)

During the period of performance of the sole-source contract, State Department anticipates replacing this contract with a competitively awarded contract using full and open competition.

Under FAR Section 6.305 (b), this notice will be posted on FedBizOpps within thirty (30) days of award.

CERTIFICATIONS

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

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(SIGNATURE) (DATE)

Kimberly Jones, DS/IP/OPO/FPD, AF/EUR East - Branch Chief

Christina Black, A/LM/AQM/WWD/LGB, Contract Specialist

Jan Visintainer, A/LM/AQM/WWD/LGB, Contracting Officer

LEGAL SUFFICIENCY REVIEW (Ref: PIB NO. 2010-24; AQM QA Plan 02 03 2011) This J&A is hereby determined to be legally sufficient.

Dennis J. Gallagher, L/BA – Legal Council

CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR 6.303-2(b)(12):

I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

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Michele Hartigan, A/LM/AQM/WWD/LGB –Branch Chief, Contracting Officer

APPROVALS

PROCURING ACTIVITY COMPETITION ADVOCATE - (Ref: FAR 6.501)

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Benita D. Williams, A/LM/AQM/BOD – Director, Business Operations