JOFOC.PDF

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.303-2

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."

The US Embassy Tbilisi, General Services Office Procurement Section proposes to enter into a contract on a basis of other than. fall and open. competition for the Defense Security Cooperation Agency (DSCA) through US European. Command's Humanitarian Assistance Program (US EUCOM HAP).

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

This is a new contract to purchase 61 Whirlwind Rough Rider Electric power assisted wheelchairs and 79 Whirlwind Rough Rider manual wheelchairs from the Coalition for Independent Living (CIL), Tbilisi, Georgia. It is a sole source action based on a fixed price of $2,100 USD per power wheelchair and $275 USD per manual wheelchair. Total contract will be for $149,825 USD.

3. A description of the supplies or services required to meet the agency's needs (including the total estimated value).

The requirement is to provide 79 manual wheelchairs, at a total cost of $21,725 USD and 61 Electric power assisted wheelchairs, at a total cost of $128,100 for the Ministry of Health, Labor, and Social Affairs (MoLIISA). This will allow the EUCOM Humanitarian Assistance Program assist the Georgian government by providing wheelchairs to disabled Georgians who cannot afford to buy them,

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.253(c)(1)(or 10 USC 2304(c) (1)) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

This is supported by the requirements as defined by Georgian Governmental Decree.

CIL is the only Georgian company meeting these requirements.

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

The MoLHSA has requested that the wheelchairs we provide to the Georgian beneficiaries were produced in Georgia, to avoid purchasing the cheap and low-quality wheelchairs with limited warranty. The MoLHSA also has requested that the wheelchairs should be custom-tailored to the extent possible, and it should come with the sufficient cushion and other assistive supplies; in addition, provide training for those beneficiaries might require an orientation or consultation on how to use the wheelchairs more effectively.

Based on the market search in Georgia, we identified the onl.y local production company of wheelchairs, the Coalition for independent Living (CIL). The CIL is the only contractor that can provide this type of wheelchair {larger wheels to navigate rough terrain, custom-tailored, with cushion), for the price they are charging, with. the warranty they provide and quality with which they are made.

This company is owned by and employs native Georgian persons with disability who put their experience navigating the sidewalks and streets in Georgia to practical application in the design, fit and finish of their products. They are also the only company who provide individual fitting/adjustments and co.nsultation.s on the use of wheelchair.

The Coalition 'for Independent Living is uniquely qualified to provide these wheelchairs to DSCA I US EUCOM based upon the following:

a. They have provided wheelchairs to fulfill the balance of other orders procured from to Chinese and Turkish made wheelchair companies whose products fell apart less than two months after purchase due to poor construction and the extreme conditions of Georgian sidewalks and streets.

b. Since the CIL is located in Georgia, there will be no shipping costs. The recipients of the wheelchairs will, free of charge, be able to get custom fitting and training from CIL after the purchase.

c. CIL is the only company to meet the requirements as defined by Georgian Governmental Decree. (See Section 8)

d. They are simply the best value for this product. A comparable manual wheelchair, manufactured in the USA, would cost approximately $800 USD plus shipping.

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

Exceptions under 5.202

(3) The contract action is one for which either the written direction of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, or the terms of an international agreement or treaty between the United States and a foreign government or international organization, has the effect of requiring that the acquisition shall be from specified sources

(4) The contract action is expressly authorized or required by a statute to be made through another Government agency, including acquisitions from the Small Business Administration (SBA) using the authority of section 8(a) of the Small Business Act (but see 5.205(e)), or from a specified source such as a workshop for the blind under rules of the Committee for the Purchase from th.e Blind and Other Severely Handicapped;

(6) The contract action is an order placed under a requirement contract;

7. A determination by the contracting officer that the anticipated cost (including the cost of options) to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on research done on the interact, CIL will provide the exact same products, manual and electric wheelchairs for $275 USD and $2,100 USD

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.

Only one manutiteturer meets the requirements as defined by Georgian Governmental Decree to the Ministry of Health that:

a. a wheelchair manufacturer from which the Government of Georgia makes purchases must be a Georgian owned and operated company and at least 50% of the employees should be PWDs.

b. company must give preference to handicapped for employment

c. must provide free individual adjustment for wheelchairs and should hire certified persons authorized to do adjustments and conduct training

d. must have 24 month warranty

e. must provide free replacement if cannot be fixed in 7 days E must have user's manual included

g. electric wheelchair remote must be customized for user

h. electric wheelchair must be tbklable and weigh no more than 45 kg

i. electric wheelchair must have a motor capacity no less than 180 watts

j. electric wheelchair must have a load capacity no less than 110 kg

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

Only one manufacturer meets the requirements as defined by Georgian Governmental Decree. (See Section 8)

• The CIL has already provided both electric power assisted and manual wheelchairs to the Ministry of Health in 2013-2014 and they met all the requirements described above.

10. A listing of any sources that expressed a written interest in the acquisition.

N/A

KTI). 31)5

mpson, MAJ fice of Defense Cooperation Date

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 are required.

Only one manufacturer meets the requirements as defined by Georgian Governmental Decree. (See Section 8)

Certification

Requisitioner:

I certify that the facts and representations under my cognizance, which are included in this justification and w -h form a basis for this justification, are complete and accurate.

Contracting Officer: (required for all J&As; if procurement exceeds $650,000, additional reviews/approvals are required as identified below)

I certify that this justification is accurate and complete to the best of my knowledge d belief.

dbr ature Date

Mirena P. Hine