JOFOC-FBO.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that US Consulate Frankfurt use other than full and open competition for the purchase and installation of additional Bosch video camera equipment and components at the housing compound of the American Consulate General in Frankfurt Germany. The estimated cost for this acquisition is 276,880 which include the German 19% Value

Added Tax.

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

This action is to approve the purchase, installation and maintenance of additional Bosch video camera and SELECTTONE Emergency Notification System equipment and components on behalf of the Regional Security Office (RSO) at the American Consulate

General in Frankfurt. This acquisition will result in the award of a new purchase order.

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

The requirement is for the purchase and installation of Bosch video camera and

SELECTTONE Emergency Notification System equipment and components in the housing compound and long term lease residences of the American Consulate General in

Frankfurt. The requirement will also include maintenance services for the subject equipment.

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

The statutory authority is 41 U.S.C. 3304 (a) 1. The regulatory authority is the FAR

6.302-1. Only one responsible source and no other supplies and services will satisfy the 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).

The video camera equipment and components are being purchased from the manufacturer

Bosch Sicherheitssysteme GmbH in Germany. The Government needs equipment which is compatible with the existing equipment previously supplied and installed by the same manufacturer in different buildings located at the CSS housing compound and other residences in Frankfurt. This company also supplied the existing video camera and

SELECTTONE Emergency Notification System equipment and components currently installed in several other Government housing buildings and residences in Frankfurt. The company Bosch is the only known source which can satisfy the delivery of the additional video camera equipment, its installation and maintenance. Therefore, other sources will not satisfy the Government’s requirement.

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 FedBizOpps 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 FedBizOpps notice will not be publicized under the exception under FAR 5.202(b), Exceptions, and in accordance with DOSAR 605.202-70, Foreign Acquisitions, that waives the advance notices in the Government wide point of entry (GPE) for the

Departments foreign acquisitions awarded by overseas contracting activities.

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

The existing equipment and components, including installation, were purchased under

Purchase Orders No. SGE500-10-M-0706, SGE500-15-M-0053, SGE50015M0139 and

SGE500-16-0018. The offer submitted by the company Bosch for the additional video camera and SELECTTONE Emergency Notification System equipment and installation is based on the manufacturer’s established current price list, and the historical price rates.

Therefore, the Contracting Officer has determined the prices to be fair and reasonable, and in the best interest of the U.S. Government.

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

The RSO in Frankfurt conducted a market research which revealed that the manufacturer

Bosch Sicherheitssysteme GmbH is the only source which can satisfy the Government’s requirement. It was further determined that the warranty for the required equipment will only be valid if it is installed and serviced by the manufacturer’s technical staff.

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

There are no other facts to be added.

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.

None in this case. The posting of the J & A on the FedBizOpps is required in accordance with FAR 6305, Availability of Justification.

CERTIFICATIONS

Requirements Office

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

/ S /

08/01/2016 ________________________________

Josiah T. Keener

Assistant Regional Security Officer, U. S. Consulate Frankfurt

Legal Sufficiency Review and Approval

09/08/2016 ________________________________

Denis J. Gallagher

Legal Adviser, L/BA

Contracting Officer Certification

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.

09/12/2016 ________________________________

Tandra A. Jones

Contracting Officer