J&A_For_Upload_to_FBO_19GE5018C0006.pdf

d, American Consulate General-Jerusalem

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

I . r recommend that the INL office of U.S. Consulate Jerusalem use other than ful l and open competition for the renovation of the Palestinian Judicial Insti tute (Pfl) offices i n

Ramallah. The estimated cost is $XXX,XXX.

2. Nature and/or description of the action being approved: The PJl is a Palestinian

Authority institution that develops and trains qual i fied judges, public prosecutors, and court staff to improve the qual i ty of justice and legal serv i ces in the West Bank. This procurement is for the award of a renovation contract. The estimated cost is $XXXXXX for the renovation of the 2

3rd, and 4 floors of the PJl building in Ramallah.

3. A description of the supplies or services req uired to meet the agency's needs:

2nd Floor

Rehabilitation

2 training halt kitchen/ bathrooms/ re-partitioning into offices and a server room.

3rd Floor

Rehabilitation

Bathroom and heating system.

4th Floor

Rehabilitation

Fix water leak in training room/ terrace maintenance works/ and heating system.

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

41 USC 253(c)(1), FAR 6.302-1, Only one responsible sow·ce and no other suppli es or services will satisfy agency requirements. US21 i s the only U.S. construction contractor operating in the West Bank. US21 is a Woman-Owned Smal l Busi ness that operates out of their offices in Ramallah, West Bank. No other solicitations were contemplated due to unique procurement difficul ties with work ing in the West Bank on a Palestinian

Authority property.

5. A demonstration that the pr·oposed contractor's unique qualifications or the natu re of the acquisition requires use of the authority cited: US21 is a Woman-Owned Small

Business that operates out of their offices in Ramallah, West Bank. They have successfully performed other minor renovation projects for Palestinian Authority bui ld ings, under purchase orders from I NL!Jerusalem. An approved justification for other than full and open competition will avoid extensive delays in project implementation.

The fact that US21 is SAM regi stered will save at least si x weeks of registration time.

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

FedBizOpps notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., blanket waiver provided in DOSAR

605.202-70). An FBO notice will be published. A market survey was not conducted.

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

Government \Viii be fair and reasonable: Price is fair and reasonable. The contract price is based on prices (labor and indirect) reviewed by a team of INLJ engineers.

8. A description of the market survey conducted and the results or a statement of the reasons a market suney was not conducted: There are no other US/SAM registered firms operating in the West Bank with experience.

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

Effective October 14. 2015, the sole source authority was allowed for industries in

\vhich WOSB or EDWOSB set-asides are authorized, and the CO- through market research cannot identify two or more WOSBs or EDWOSBs that can perfOrm the requirement at a fair and reasonable price, but does identify one WOSB or EDWOSB that can perform. The sole source authority fOr WOSBs and EDWOSBs is limited to contracts valued at

$6.5 million or less for manufacturing and $4 million or less tOr all other procurements.

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

No other sources have expressed interest in this acquisition.

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: This J&A for other than full and open competition shall be published on FcdBizOpps in accordance with FAR section 6.305 within 14 days after contract award. As of this time, there arc no actions contemplated to remove or overcome these barriers to competition due to the unique customs, security and political conditions that exist in the West Bank.