JOFOC.pdf

PR9732233 19GE5021Q0028

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JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity:

The Office of Acquisition Management, Regional Procurement Support Office Frankfurt is conducting this acquisition for Toyota or Nissan trucks, SUVs, and vans on behalf of

INL Kenya to support the activities of the Nairobi DEA Special Investigations Unit.

The vehicles will be used by the Anti-Narcotics Unit of the Kenyan National Police Service.

2. Nature and/or description of the action being approved. Award of a Purchase order

(brand name only) in an estimated amount of $429,000.00.

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

The requirement is to provide three (3) new double-cab, right-hand drive pickup trucks, two (2) new right-hand drive SUVs, and one (1) new, right-hand drive passenger van to support the Anti-Narcotics Unit of the Kenyan National Police Service with training and equipment in the furtherance of U.S. counter narcotics priorities in East Africa

These vehicles are to be used for clandestine surveillance and other operations on the streets of Nairobi and Mombasa, Kenya, where Toyota and Nissan are the most common brands.

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 6.3 and substantiated by the following:

FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

(c) Brand name Acquisition

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

Market Research has shown that Toyota and Nissan are the most common brands in

Kenya.

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

The solicitation will be posted on beta.sam.gov. The J&A will be attached to the solicitation.

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

Government will be fair and reasonable.

The Contracting Officer determines that the anticipated cost will be fair and reasonable based on the IGCE and Market Research done by the Requesting Office and by comparison to previous orders for similar items.

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

The market survey was conducted by INL Kenya Director Kevan Higgins between

January and March 2021. The DEA Country Attache at post assisted in determining specifications.

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

None

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

None.

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. Include a statement that this J&A for other than full and open competition will be published on FedBizOpps in accordance with FAR Section 6.305 within 14 days of award (or within 30 days if the J&A is for unusual and compelling urgency.)

The J&A will be posted with the solicitation.

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CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-2)(b)

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

SIGNATURE:

-original signed- 03/25/2021

Kevan Higgins Date

INL Director

INL Kenya

LEGAL SUFFICIENCY REVIEW (Ref: PIB NO. 2010-24); AQM QA Plan

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

___-original signed-___________________ ________________

Dennis J. Gallagher Date

Assistant Legal Adviser

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

CERTIFICATIONS (Continued)

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12))

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.

-original signed-

Eric N. Moore Date

Contracting Officer

A/OPE/AQM/IP/RPSOFR