JandA Sole Source Final.pdf
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- Legal Services - Wananchi Group Holdings
- Solicitation number
- 773444-20-F-0020
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Justification and Approval for Sole Source
1. Identification of the agency and contracting activity.
2. Nature and/or description of the action being approved.
3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).
a. Project title.
b. Project description.
• Requirement type. Check the appropriate box:
Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________
• Type of action. Check the appropriate box:
New requirement Follow-on Other (specify): ______________________
• Proposed contract/order type. Check all that apply:
Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): ___________ Completion Form Term form
• Contract / Purchase Order number.
c. Total estimated dollar value and performance/delivery period.
d. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.
4. Identification of the statutory authority permitting other than full and open competition.
This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 3304(a)(__) as set forth in Federal Acquisition Regulation
(FAR) 6.302- __.
This acquisition is conducted under the authority of section 4202 of the
Clinger-Cohen Act of 1996.
This acquisition is conducted under the authority of the Services
Acquisition Reform Act of 2003 (41 U.S.C. 428a).
This acquisition is conducted under the authority of
__________________________________ as set forth in
5. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.
6. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.
7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.
9. Any other facts supporting the use of other than full and open competition.
10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.
11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.
12. OPIC office certification.
This is to certify that the portions of this justification that have been developed by the undersigned office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.
Official Name & Title Signature Date
Technical Cognizance
Supervisor / Manager
13. Contracting Officer Certification.
This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.
Official Name & Title Signature Date
Contracting Officer
14. Managing Director, Office of Acquisition signature(s).
Official Name & Title Signature Date
Managing Director, Office of Acquisition
| Justification and Approval for Sole Source (J&A) (Template) |
| Justification and Approval for Sole Source |
| ADPBC24.tmp |
| Justification and Approval for Sole Source (J&A) (Template) |
| Justification and Approval for Sole Source |
| Please Provide the Federal agency, Sponsoring Organization/Unit: United States International Development Corporation ("DFC") proposes to acquire legal services for the restructuring and/or exist from distressed loans in east Africa. |
| Provide a brief (i: |
| e: |
| , half-page or less) narrative description of the project: Overseas Private Investment Corporation, the predecessor-in-interest to DFC, provided a loan to Wananchi. DFC also holds a loan to a fund that holds equity in the same company. Both investments are in distress and will require restructuring and/or exit, including the potential for enforcement of remedies and/or litigation. |
The IDIQ for DLA Piper is OPIC-16-D-0011. Requisition number is REQ-701-20-0018. The Period of Performance is 5/13/2020 to 5/12/2022.
| Enter Project Title: Wananchi Group Holdings |
| Enter Total Dollar Value & Dates of Service: Estimated $460,000 over a two year period. |
| Please Provide the Purpose/Objective and Background: DFC requires the services of a law firm in New York, with global affiliated firms, to provide legal advice regarding the restructuring loans to affiliated entities in East Africa. DLA has already performed on a borrower-pay basis with respect to one of the loans and has performed admirably. The firm is best suited in terms of skills to provide the services, which they have demonstrated with their prior experience on this matter, and are already well versed in the transactions so as to be cost-efficient. The award will be issued as a sole source Task Order against an IDIQ contract under Solicitation OPIC-16-R-0014. |
| Provide Additional Information: |
| Indefinite Quantity, Defined Quantity or Requirements: |
| Fee: |
| Federal Acquisition Regulation: Limited Sole Source |
| What Was Done to Find Other Sources: DLA participated in the panel selection process for borrower-pay bids, and will invoice in accordance with the rates permitted therein. |
The IDIQ contract was competed under the Solicitation OPIC-16-R-0014.
| Describe the market research that was conducted or Contact with acquisition or program offices or Industry or Vendors: DFC conducted market research each time these matters were posted in the first instance and IDIQ holders were considered. | |
| Additional Information to support the justification: DLA's prior performance has been exemplary and affordable. | |
| Any interested vendors or firms?: No other sources have expressed an interest, in writing, in the proposed acquisition | |
| Explain How to Aviod Sole Source in the Future: N/A | |
| Name & Title: Alice Burke | |
| 2020-05-19T18:43:53-0400 | |
| Alice Burke |
| Date: 5/20/2020 | |
| 2020-05-20T09:59:09-0400 | |
| MITAL PANCHOLI |
| Please Specify: Legal Services |
| Comp: Off |
| Unknown: Off |
| IDIQ: Off |
| T&A: Yes |
| OCR: Off |
| CPFF: Off |
| OFFP: Off |
| FFP: Off |
| Term: Off |
| New: Yes |
| MOD: Off |
| Oth: Off |
| R&D: Off |
| R&D Support: Off |
| Services: Off |
| Supplies: Off |
| IT: Off |
| Construction: Off |
| A&E: Off |
| Other: Yes |
| DB: Off |
| CCA: Off |
| 41 USC: Yes |
| USC: Yes |
| USC Code: 1 |
| FAR 6: |
| 302: 1 |
| SARA: Off |
| USC Code Reference: FAR 16.505(b)(2)(i) |
| Text5: The Managing Director, Office of Acquisition, if applicable, shall indicate review of, and concurrence with, any J & A over $25,000 by providing the information required below and signing in the applicable block. |
| Please Provide the Purpose/Objective and Background 2: DLA won competitive bidding for borrower-pay representation of OPIC at the time DLA was first retained. The firm has all past information about these matters. If this requirement were competed and were awarded to a different source, the source would (1) have to create from scratch a new data collection effort and write a new report, both of which are the outside the scope of what the government requires and which would cost the government an estimated ten times the amount estimated for this requirement. The new source would also have to change all references in security registries to new counsel, and coordinate with DLA on any communications they receive. In other words, competition could result in substantial duplication of cost to the Government. These costs are not expected to be recovered through competition, and competition would result in delays in fulfilling the Government's need. |
The estimated total value of the services is $460,000. The contact information for DLA is Greg Smith, 202-799-4027.
| Name & Title2: |
| Name & Title3: Mital Pancholi |
| Name & Title4: |
| Please Provide PO Number: |
| Provide a statement Price: As the contracting officer's representative, I am confident that the anticipated price will be fair and reasonable under the IDIQ, and in line (often below) prior quotes for legal work in New York. |
| Date54: |
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