JOFOC_Astrophysics_Overseas_CCBS-02-06-23 signed.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that Embassy PANAMA CITY use other than full and open competition for the acquisition of a WARRANTY PLAN FOR A MOBILE X-RAY

MACHINE. The estimated cost is $26,000.00.

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

This is a sole-source request for the acquisition of an Annual Warranty plan for a XIS systems Mobile X-Ray, to include One (1) option year, complete preventive and unlimited corrective maintenance, spare parts, Radiation Survey, and technician’s travel, with the brand name ASTROPHYSICS.

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

▪ Warranty Plan One (1) year Silver Warranty Plan (2023 through 2024)

▪ Current Machine Repairs

▪ Preventive Maintenance & Radiation Survey

▪ One (1) option year (2024 through 2025)

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

This request is submitted under authority of 41 U.S.C. 3304 (a) (1) and 41 U.S.C.

3304 (a)(5):

41 U.S.C. (a)(l) - Use of noncompetitive procedures

" ... (a) When Noncompetitive Procedures May Be Used.-An executive agency may use procedures other than competitive procedures only when-

(1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency; ... "

FAR 6.302-1 (ii) (A)- Only one responsible source and no other supplies or services will satisfy agency requirements.

" ... substantial duplication of cost to the Government that is not expected to be recovered through competition;"

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited).

The Government of Panama and INL Panama have determined that ASTROPHYSICS Inc is the sole-source provider due to the manufacturer's patent and the X-ray XIS system unit brand's unique specifications.

The proposed contractor, ASTROPHYSICS Inc., is the exclusive authorized manufacturer and provider of maintenance for the X-ray. ASTROPHYSICS service is necessary to ensure interoperability, safety, fair pricing, and compatibility.

Other vendors do not have the manufacturer's patent, contracting with any other vendor would entail a substantial technical risk and is, therefore, an unacceptable course of action.

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

SAM.GOV 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).

A solicitation effort will not be practicable or efficient, as INL-Panama has determined that ASTROPHYSICS is the exclusive authorized manufacturer and provider of support for Mobile X-ray unit.

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

Government will be fair and reasonable.

The price is considered fair and reasonable, as it includes spaqre parts, complete preventive, and unlimited corrective maintenance, to include technicians travel, and radiation survey.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

No market survey was conducted, as the proposed contractor is the sole source and exclusive provider authorized to provide preventive maintenance to the

ASTROPHYSICS Mobile X-ray unit.

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

N/A

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

No solicitation has been posted.

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.

Not currently.

CERTIFICATIONS

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

Date Name

Title

Requirements Office

I certify that this submission is accurate, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Date Contracting Officer