JOFOC_CE Nov 25.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that Tri-Mission Brussels, use other than full and open competition for legal services from local counsel provided by Claeys and Engels for the US Embassy Brussels.

The estimated cost is 28.000 euro.

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

One-year retainer arrangement with the law firm of Claeys & Engles. Due to the complexity of Belgian labor law and the courts protectiveness towards the interests of the LE staff, Management wishes to have the option to confer with local labor law experts on possible adverse legal consequences.

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

Claeys & Engles may provide non-litigation advisory services with respect to Belgium's domestic labor law only. The firm may not represent the United States before the courts or other tribunals of Belgium unless hired and instructed by the Department of Justice. Local counsel's role is only to advise the mission, not to take legal action on its behalf.

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

• 41 USC 253(c)(l), FAR 6.302-1. Only one responsible source and no other suppliers or services will satisfy agency requirements.

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).

Post Brussels has received Authorization to Retain Local Law Firm for Non Litigation Matters

- Cable 24 MDA 42920 dated Sep 25, 2024. E.O. 13526. Post has worked with Claeys and Engels for over many years. Claeys & Engels was established on January 1, 2001, and has grown from around 40 lawyers to over 85 lawyers. The focus of Claeys & Engels has been on HR legal services, an area in which the firm is now a recognized market leader in Belgium.

Post's main contact at Claeys & Engels is Patrick Maerten, a partner with over 25 years' experience in HR law. He possesses a good knowledge of local legislation applicable to embassies.

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

N/A

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

Services to be provided by Claeys & Engels will range from 120 Euro for assistance by a junior associate to 445 Euro for assistance provided by a partner. The Embassy will not be obligated to purchase any pre-defined amount under this agreement, and the agreement will be subject to limits as follows: maximum of 6,500 Euro for each single purchase and a maximum of 28,000 Euro per annum.

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

N/A

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.

N/A

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.

If post seeks to use the firm to provide legal advice in an area other than local labor law, post must first check with L/DL

Certifications

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 Jason Show

D/HRO

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

DATE Andrew Malandrino Contracting Officer