JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

International Legal Support Services

Contracting Activity US International Development Finance Corporation 1100 New York Avenue, N.W. Washington, D.C. 20527

Nature and Description of Action Being Approved This Justification and Approval supports a noncompetitive $7,500,000 increase to the shared ceiling of the existing suite of ten International Legal Support Services indefinite-delivery/indefinite-quantity contracts issued under Solicitation No. 77344421R0001, dated April 16, 2021. This action increases the combined ceiling from $50,000,000 to $57,500,000.

Description of Services to Meet the Agency’s Needs The agency requires continued International Legal Support Services for projects in developing countries. These services include specialized legal support for: (1) structuring, negotiating, documenting, monitoring, and collecting on international finance transactions and privately managed investment funds; (2) structuring, negotiating, documenting, monitoring, enforcing, and divesting cross-border equity purchase transactions; and (3) advising on political risk insurance policies and claims for compensation.

The services to be acquired through the proposed ceiling increase are the same type of services currently provided under the existing IDIQ contracts and remain within the contracts’ established scope. The additional ceiling capacity is required to support ongoing and projected requirements, including eight active legal support matters currently requiring award/action and approximately twelve additional anticipated legal support matters during the planned extension period.

The Government intends to separately exercise the previously evaluated FAR 52.217-8, Option to Extend Services; that option exercise is included here only for context and is not the action being approved by this J&A.

Statutory Authority Permitting Other Than Full and Open Competition The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency. The services are of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits offers.

Demonstration of Contractors’ Unique Qualifications The existing IDIQ contractors are already contractually positioned to provide the required International Legal Support Services within the established contract scope, terms, and ordering framework. The agency requires uninterrupted support for ongoing and projected matters involving international finance, privately managed investment funds, cross-border equity transactions, political risk insurance, enforcement, divestiture, and claims-related activities.

Under urgent circumstances, use of the existing IDIQ contractors is the only practicable means of maintaining continuity of these in-scope services while the agency completes the competitive follow-on acquisition. Delaying support until completion of a separate competitive action would create an unacceptable risk of interruption to active legal matters and potential injury to Government interests.

Efforts Made to Solicit as Many Potential Sources as Practicable The Government considered the extent of competition practicable under urgent circumstances.

Because the existing combined IDIQ ceiling is nearly exhausted and continued legal support is required without interruption, the Contracting Officer determined that the existing IDIQ contractor pool represents the maximum practicable source base for this limited ceiling increase.

The ten existing IDIQ contractors were previously selected through competition and are already eligible to receive in-scope task orders under the established contract terms and ordering procedures. Soliciting sources outside the existing IDIQ suite for this limited ceiling-increase action would not be practicable within the time available and would risk interruption of critical legal support. The follow-on acquisition is already underway, and this action is limited to bridging the urgent requirement until that acquisition is completed

Determination That the Anticipated Cost to Government Will Be Fair and Reasonable The proposed ceiling increase does not establish new pricing, obligate funds, or authorize payment absent issuance of funded task orders. The action increases only the shared ordering capacity of the existing IDIQ contracts. The existing IDIQ contracts were previously competed, and future task orders issued under the increased ceiling will remain subject to the established contract terms, conditions, pricing structure, and applicable ordering procedures. The Contracting Officer will determine and document fair and reasonable pricing at the task order level before award of each order.

Description of The Market Research Conducted The Government considered whether another acquisition approach, including a separate competition or use of an alternate contract vehicle, could meet the urgent need before the existing shared ceiling is exhausted. Given the near-term requirement for uninterrupted legal support, the existing workload, eight actions currently in the award process, approximately twelve additional projected requirements, and the time required to compete and transition a separate contractual vehicle, the Contracting Officer determined that use of the existing IDIQ suite is the only practicable approach for maintaining continuity of these in-scope services while the competitive follow-on acquisition is completed.

Any Other Supporting Facts The proposed ceiling increase is limited to the additional ordering capacity necessary to continue Services during the planned extension period while the agency completes the competitive follow-on acquisition.

The existing shared ceiling is nearly exhausted, with approximately $49,000,000 ordered against the current $50,000,000 ceiling. Based on projected requirements, the remaining ceiling is insufficient to support continued legal services through the planned extension period.

The agency’s continued need involves active and projected international finance, investment, cross-border equity, political risk insurance, enforcement, divestiture, and claims-related matters. Interruption of these services could adversely affect the Government’s ability to protect its interests in ongoing International matters, including matters involving potential loss of assets or significant financial exposure.