JOFOC 19GE5020P0122.pdf

SOLE SOURCE JUSTIFICATION FOR SIMPLFIED ACQUISITIONS

FAR Part 13.501(a)(1)(ii)

1. Identification of the agency and the contracting activity:

In accordance with Federal Acquisition Regulation (FAR) 13.501(a)(1) and 41 U.S.C.

1903, the Office of Acquisition Management proposes to award a purchase of testing kits and personal protective equipment on the basis of other than full and open competition under the Simplified Procedures for Certain Commercial Items. The United States

Embasy Addis Ababa recommends using a local East African vendor, Africa Biosystems

Limited in Nairobi, Kenya, for this procurement to facilitate rapid delivery of these critically needed supplies. This acquisition is part of the United States’ humanitarian response to the COVID-19 emergency. The total estimated cost is $460,000.

2. The nature and/or description of the action being approved.

Purchase order for medical test kits.

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

This requirement is to provide nuclease-free consumable, personal protective equipment, and PCR testing kits/reagents that are compatible with the PCR platforms in use in Ethiopia for PCR testing and COVID diagnosis.

4. An identification of the statutory authority permitting other than full and open competition: This acquisition is conducted under the authority of 41 U.S.C. 3304, as implemented by FAR 13.5 and substantiated by the following:

☒ FAR 13.501(a)(1)(ii) – Unusual and compelling urgency.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the action require use of the authority cited.

Africa Biosystems Limited has the supplies on hand and will not detract or take away supplies needed to support the U.S. COVID19 response. In addition, due to proximity to

Ethiopia, available ground supply routes and limited flights into Ethiopia, this vendor can deliver the supplies more rapidly than other international vendors. There are no vendors in

Ethiopia who have these supplies on hand.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable, include whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

This is an urgent and compelling requirement so an advance notice will not be synopsized

(FAR 5.202(a)(2)). A total of two potential sources were contacted for a price quote. This

JOFOC will be posted within 30 days of award.

7. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

Price is considered both fair and reasonable based on the IGCE, market research and limited competition.

8. A description of the market research conducted (per FAR Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted to identify local vendors who could provide SARS-CoV-

2 specialized testing kits and supplies. Based on the market research conducted by CDC and FMOH laboratory specialists, none of the requested supplies or equipment are currently available in Ethiopia. The closest vendor who can provide the required items in the required time is located in Nairobi, Kenya.

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

N/A.

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

None.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

N/A.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION AQM QA Plan

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

SIGNATURE:

//s// 7/13/2020

Name: Oren L. Struck Date

Title: Assistant General Services Officer

U.S. Embassy Addis Ababa, Ethiopia

LEGAL SUFFICIENCY REVIEW (Ref: DOSAR 606.304); AQM QA Plan

This J&A is hereby determined to be legally sufficient.

//s//

_______________________________ __ _7/13/2020________

Dennis J. Gallagher Date

Assistant Legal Adviser

Office of the Legal Adviser, Buildings and Acquisitions (L/BA)

CONTRACTING OFFICER CERTIFICATION AQM QA Plan

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.

//s// 7/14/2020

Eric N. Moore Date

Contracting Officer

Office of Acquisition Management

(A/OPE/AQM – RPSO-FR)

APPROVALS

//s// 7/13/2020

Kenneth G. Mamba Date

Branch Chief

(A/OPE/AQM – RPSO-FR)

//s// 7/16/2020

Sharon D. James Date

Competition Advocate

(A/OPE/AQM)