JOFOC for IDA for Banjul NEC legal services.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that Embassy Banjul use other than full and open competition for the acquisition of Legal Services with Ida Drameh & Associates (IDA). The estimated cost including base year and all option years is USD 378,000. (Base Year: $350/hour x 360 hours.

Two (2) Option Years: Each Option Year at the same rate as the Base Year.)

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

Sole source contracting with Ida Drammeh and Associates (IDA) as the local legal counsel for the Banjul NEC site acquisition.

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

Assist the USG with the Government of the Gambia, to advance on the Banjul New Embassy Campus (NEC) Site acquisition. This includes the participation in conference calls and attendance of meetings, as required.

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

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

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).

IDA is the only law firm in The Gambia with which Embassy Banjul has had a positive and longstanding relationship. A recent review of their credentials by the Office of the Legal Adviser, Buildings and Acquisitions (L/BA) and the Division of Site Acquisitions (SA) within the Directorate of Planning and Real Estate of the Bureau of Overseas Buildings Operations confirmed that they are Technically Acceptable. SA saw, during its July visit to Banjul, the potential for host government obstruction and/or delay regarding the NEC Site acquisition. SA, with L/BA concurrence, therefore, believes that it is imperative to retain Gambia-based legal counsel, rather than counsel from a nearby or other country.

IDA’s extensive experience dealing directly with the Government of The Gambia make them uniquely qualified to provide the required services. Additionally, the US Embassy Banjul’s past experience with working with IDA clearly demonstrated that IDA is a responsible and trustworthy firm that has the capability and expertise to complete the requirement of this contract.

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 GPE notice was or will be

Justification for Other than Free and Open Competition Embassy Banjul publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., revised blanket waiver referenced in PIB 2014-3).

A pre-solicitation notice was posted to BETA.SAM.GOV on January 22, 2020 announcing the government’s intent to award to only one responsible source. Interested companies have until February 6, 2020 to provide a capability statement should they wish to be considered as an alternate source.

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

As a part of its market research, Post obtained price estimates from five (5) legal service providers. Four responded with rates consistent with the terms required by the USG, for an average of $275/hour. Two of the four of these respondents estimated $350/hour, including IDA. The fifth respondent estimated $100/hour but also wanted ≤ 3% of the total contract price. In reviewing all five estimates, it is determined that the anticipated cost of $350/hour to be fair and reasonable.

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

Please see Item 7, above.

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

The Gambia, and Banjul in particular, is a very small market, but with extremely limited legal services. IDA has been vetted by OBO and Post Management, and determined to be the only provider who can provide this specialized service.

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

One company responded to the pre-solicitation notice. The company, VSBX LLC, proposed to sub-contract with the local Gambian law firm, Solie Law Chambers, and submitted a capability statement for this firm.

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.

Post is seeking legal services unrelated to this procurement on the local market. Should market research bear out more reliable sources, Post will advertise accordingly.