JOFOC_19PL9023C0001_SAM.pdf

Reference DOSAR 606.303-2

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION, PRICE JUSTIFICATION (JOFOC)

ACQUISITION OF SOUND AND LIGHTING SERVICES IN SUPPORT OF SENIOR HIGH LEVEL USG VIP VISIT

1. I recommend that the Department of State use other than full and open competition for the acquisition of services in support of the speech event during the VIP visit in Warsaw. The cost is PLN 1,862,180.60 which is equivalent of $423,222.87.

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

Senior High Level USG Principal traveling with a delegation inclusive of support elements in: Security, Communications, Logistics and Operations.

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

The U.S. Embassy in Warsaw, Poland is contracting with TSE Grupa Sp. z o.o., ul. Domaniewska 18, 05-800

Pruszkow for services consisting of assembling a stage and rental of sound and lighting equipment in support to the VVIP visit in Warsaw, Poland in February 2023.

4. An identification of the statutory authority permitting other than full and open competition.

[ X ] 41 U.S.C. 253 (c) (2), FAR 6.302-2; Unusual and Compelling Urgency; (Based on the available time and urgency of the requirement as detailed below)

Security concerns prohibit sufficient advanced notification of VIP travel to allow for sufficient time to conduct full and open competition. The Department of State can only communicate with the staff at Posts abroad when authorization is given due to security concerns. They have an extremely short turnaround time when authorization has been granted for negotiations to commence and site selections to be finalized with both the local vendors and Posts before the actual Senior High Level USG VIP visit occurs. Security and logistical teams make determinations during the site survey as to which company is most suitable for performance of services in support to the Senior High Level USG VIP and his traveling staff. Consideration of the Senior High Level USG Principal and the location are taken into consideration as a determining factor.

The types of events, meetings, locations and availability of venues to support the Senior High Level USG VIP and the delegation are often times designated by the host countries.

Unique requirements for communications support are under severe time limitations and always a determining factor in the selection process as its capacity to be augmented to the unique requirements necessary to support certain Senior High Level USG Principals.

Many of the arrangements for services are often not confirmed until just before the actual visit. In addition to supporting a large delegation within a short time frame, last minute and frequent changes of the schedule often result in significant changes in how Posts work with the vendors. With the exception of a few trips, contracts are not permitted to be signed until the Department of State (Post) has written confirmation from all supporting agencies, which enables collection of funds from said agencies in the event of cancellation. This results in an unusual and compelling urgency in accordance with 41 U.S.C. 253

(c) (2), FAR 6.302-2.

These unique Senior High Level USG VIP travel requirements result in only a single or a very limited number of responsible sources with no other supplies or services capable of satisfying agency requirement in accordance with 41 U.S.C. 253 (c ) (2), Far 6.302-2.

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

Security and logistics are the Department of State’s primary considerations when procuring assembly of setup for the main event during the VVIP visit. The Department of State must be able to provide a safe and secure environment for VIP visitors. Frequently VIP visits are not announced or confirmed in sufficient time to conduct a competition, creating an urgent and compelling need. At other times, the security requirements and/or requirements of the host country government limit the acquisition to one or a small number of contractors.

[ X ] The VIP visit information was not available in sufficient time thereby creating an urgent and compelling need.

[ ] The host country government requires the use of this/these hotel(s).

[ X ] The proposed contractor has the following unique qualifications which meet the Department of State’s security and logistical requirements.

[ ] Set-back (hotel is safe distance from the street)

[ X ] Location (able to secure building, travel route; distance to and from event) [] Size and number of rooms (able to house everyone in one hotel) [ ] Conference facilities (adequate space for meetings, press conferences) [ X ] Communications (able to install equipment/lines, command center) [ X ] Accommodating to security needs

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

Due to urgency and exception in FAR 25.401(a)(5) this solicitation cannot be posted but the JOFOC will be published in Beta.SAM.GOV.

The following other contractors were considered but they were not adequate because of the following:

BSC AV Sp. z o.o.

ul. Chełmska 21 , 00-724 Warszawa

BRILL AV MEDIA SP. Z O.O.

ul. Ojca Aniceta 7; 03-264 Warszawa; PL

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

Cost is fair and reasonable in comparison to other visits and in comparison, to costs of the similar services rendered in support to VVIP visit to Warsaw in March 2022, and in the best interest of the USG.

The cost for similar services procured in 2022 are as follows:

19PL9022P0802 AV for Speech Site, March 2022 439,873.07 PLN

19PL9022P0803 Speech Site - Stage 101,169.76 PLN

8. Any other facts supporting the use of other than full and open competition. NONE

9. A listing of sources, if any, that expressed, in writing, an interest in the acquisition. NONE.

10. 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. Post will do an assessment and compete future requirements for sound and lighting services in support to VIP visits.

CERTIFICATIONS

I certify that the information in this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition to the best of my knowledge and belief.

Phong Ngo Date

I certify that this justification is accurate and complete to the best of my knowledge and belief. Based on my assessment, I conclude that other than full and open competition is justified and the proposed price is fair and reasonable.

Shaun McGuire Date: February 18, 2023