JOFOC_FedBizOps.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

1. I recommend that U. S. Consulate Frankfurt use other than full and open competition for the acquisition of the required 4 ballistic guard towers at Camp Seitz. The estimated cost is $1,555,770.

2. Nature and/or description of the action being approved: The U.S. Embassy RSO Kabul

Physical Security Division (PSD) requests a new contract using the services of Dynasystems for the purchase, transportation and installation of 4 ballistic guard towers for the outer perimeter of Camp Seitz to provide for better observation of key avenues of approach to the camp to help preventing attacks.

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

Kabul PSD requires the acquisition, transportation and installation of two (10 meter) Dynatowers, and two (7 meter) Dynatowers. The Dynatower is constructed of molded high grade, super reinforced concrete. It has been designed, tested and is certified by the Technical Support Working Group (TSWG) as capable of withstanding blast pressures created by explosions from Vehicle Borne Improvised Explosive Device (VBIED) threats and provides protection from a Rocket Propelled Grenade (RPG).

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

FAR 6.302-2 [41 U.S.C. 3304(a) (2)] - Unusual and compelling urgency

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):

DynaSystems has built a number of DynaTowers and has the technical expertise and approved design, to provide all materials, equipment, labor, transportation, installation and certification of new Dynatowers. This knowledge and expertise enables DynaSystems to construct the additional towers within a very fast period of time.

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office

Giessenerstrasse 30 60435 Frankfurt am Main

Germany

The completion of the new towers is critical to meeting mission requirements for Diplomatic Security to reduce the risk of loss of life in the event of an attack. Construction of the new towers will significantly aid in the reduction of future attacks being successful.

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

None offered due to the exigent circumstances as described in the narratives of this JOFOC.

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

Government will be fair and reasonable.

A cost estimate was developed using previous contracts over a 4 year period for projects supporting Diplomatic Security’s construction activities. The cost projected by the contractor was within an acceptable range of the IGCE.

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

Market Survey was not done due to the compelling urgency of the request per 41 USC

3304(a) - (2) the executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals.

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

None

10. A listing of sources, if any, which 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 Apply. This J&A for other than full and open competition will be published on

FedBizOpps in accordance with FAR Section 6.305 within 30 days of award due to the unusual and compelling urgency of this acquisition.

AMERICAN CONSULATE GENERAL