JOFOC for Chiller 19AJ2025Q0011 Signed.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that Embassy Baku uses other than full and open competition for

19AJ2025Q0011, maintenance of the Chancery PCC Chiller. The approximate cost of the service for the contract with one base and four option years is USD 100,000.00. Overseas

Building Operation (OBO) will provide funds to cover expenses of the contract.

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

Annual Preventive Maintenance Service Contract for Airstack Chiller. Facility

Management (FAC) has requested the approval of the Embassy’s Contracting Officer to allow the chiller manufacturer to do factory maintenance on the PCC chiller to keep the

PCC chiller functioning and reliable.

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

Post needs an annual chiller service at the Chancery contract to maintain the safety aspects of the chiller per OBO rules and regulations. Post is not capable of handling this in house as we do not have the proper certifications and certificated technicians for the maintenance service.

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

41 USC 253(c)(1), FAR 6.302-1, Only one responsible source and no other supplies 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).

The Embassy’s PCC chiller is a proprietary Airstack system manufactured by Multistack.

Multistack only authorizes and certifies a select number of service providers to perform maintenance on their equipment. These certified technicians have undergone rigorous factory training and are the only ones permitted to perform warranty-compliant service.

The proposed contractor is one such authorized service provider, recognized by

Multistack for its technical competence and ability to maintain the equipment to factory specifications.

OBO has advised that using non-certified vendors introduces significant operational and legal risk. In the past, vendors lacking Multistack recognition have performed substandard work on similar systems at other posts, which not only voided equipment warranties but also led to costly system failures and legal disputes over liability. As a result, OBO has adopted a policy preference for factory-certified providers on these systems to ensure continuity of warranties, performance reliability, and legal defensibility.

The chiller provides critical climate control to secure and mission-dependent areas of the

Embassy. A failure of this system would compromise the safety and functionality of operations. Given Baku’s remote location and lack of local expertise on Airstack systems, it is vital that only manufacturer-recognized technicians perform this service to avoid downtime and ensure immediate recourse in case of failure.

Therefore, the use of a Multistack-certified vendor is not only necessary but is the only prudent and risk-averse approach. No other contractor can meet the requirements of factory authorization, warranty preservation, and proven technical competence on this system.

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

No efforts were made to ensure that offers are solicited from other sources for the reason listed in item # 7.

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

OBO, which procures these services world-wide, indicated that the estimated cost is fair and reasonable based on prior experience.

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

Market research was not conducted because the contractor was selected by OBO.

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.

The Post may consider competition for the chiller maintenance service if the chillers are replaced.

CERTIFICATIONS

Requiring office

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

Date Name: William Rhodes

Title: Facility Manager

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 Name: Steven Glick

Title: Contracting Officer

06/10/2025 10:08 GMT

Glick, Steven (GlickSS@state.gov)

06/10/2025 11:12 GMT

Rhodes, William (RhodesWD@state.gov)