JOFOC for Vehicle Rental for POTUS ASEAN Summit.pdf

Reference DOSAR 606.303-2

SENSITIVE BUT UNCLASSIFIED

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION, PRICE

JUSTIFICATION (JOFOC)

ACQUISITION OF TRANSPORTATION SERVICES/VEHICLE RENTAL IN

SUPPORT OF SENIOR HIGH LEVEL USG VIP VISIT

“ASEAN SUMMIT IN PHNOM PENH”

1. I recommend that the Department of State use other than full and open competition for the acquisition of transportation services/vehicle rental for this VIP visit. The estimated cost is $ 2,249,000.

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

Senior High Level USG Principal traveling with a delegation inclusive of support elements in: Security, Communications, Logistics and Operations.

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

In support of the Senior High Level USG Visit, U.S. Embassy Phnom Penh has a requirement for passenger transportation services, “vehicles with drivers and vehicles without drivers” in Phnom Penh.

The following vendors were considered to provide vehicle rental services for this Senior

Hight Level USG Visit.

1. City Link Transportation (Cambodia) Co., Ltd (Hertz)

2. A.V.R (Asia Vehicle Rental) Co., Ltd

3. DCK Travel and Tours Co., Ltd

Estimated requirements of 1,659 rental days, and up to 200 vehicles needed during

October 28 – November 18, 2022.

Vehicles (sedan/SUV, passenger van, mini-bus, bus and truck, etc.)

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

[X] 41 U.S.C. 253 (c) (2), FAR 6.302-2; Unusual and Compelling Urgency;

(Based on the available time and urgency of the requirement as detailed below)

Security concerns prohibit sufficient advanced notification of VIP travel to allow for sufficient time to conduct full and open competition. The Department of State can only communicate with the staff at Posts abroad when authorization is given due to security concerns. They have an extremely short turnaround time when authorization has been granted for negotiations to commence and vendor selections to be finalized with both the local vendors and Posts before the actual

Senior High Level USG VIP visit occurs.

Vehicle rental services during ASEAN summit period are on high demand, and availability of the vendors and their vehicles made available to the Embassy are limited.

Unique requirements for communications support are under severe time limitations and always a determining factor in the selection process as its capacity to be augmented to the unique requirements necessary to support certain Senior

High Level USG Principals.

Many of the arrangements for transportation are often not confirmed until just before the actual visit. In addition to supporting a large delegation within a short time frame, last minute and frequent changes of itineraries for supporting personnel often result in significant changes in how Posts work with the vendors.

With the exception of a few trips, contracts are not permitted to be signed until the

Department of State (Post) has written confirmation from all supporting agencies, which enables collection of funds from said agencies in the event of cancellation.

This results in an unusual and compelling urgency in accordance with 41 U.S.C.

253 (c) (2), FAR 6.302-2.

This visit is to participate in the ASEAN Summit in Phnom Penh. Approximately 20

Heads of State and Foreign Ministers along with their delegations and staff will be present in Phnom Penh during this time.

Transportation rental capacity in Phnom Penh is limited. This visit will require up to

200 vehicles to be rented on the peak dates, when all other delegations will need the same resources.

GSO/Procurement has conducted a thorough market research on transportation service capacity and reached out to several vehicle rental vendors in the two main cities with these resources: Phnom Penh and Siem Reap. As a result, three credible vendors combined are identified as capable to provide transportation services to the supporting personnel and delegation involved with this visit.

These unique Senior High Level USG VIP travel requirements result in only a single or a very limited number of responsible sources with no other supplies or services capable of satisfying agency requirement in accordance with 41 U.S.C.

253 (c ) (2), Far 6.302-2.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

[X] The VIP visit information was not available in sufficient time thereby creating an urgent and compelling need.

[X] The proposed contractors have the following unique qualifications which meet the Department of State’s security and logistical requirements.

- Combined, they have a sufficient number of vehicles in their fleet

- Their vehicles are in good condition with well-functioning mechanical system, air-conditioning and working seatbelts and a clean interior and exterior.

- Good track records of working with the Embassy in support of

ASEAN Ministerial Meetings in July-August 2022, and

CODEL/USTR delegation in August-September 2022.

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

Due to urgency and exception in FAR 25.401(a)(5) this solicitation cannot be posted but the JOFOC will be published on SAM.gov after the VIP visit takes place.

The following vendors have been contacted for doing market research of vehicle rental services in Cambodia.

3. DCK Travel and Tours Co., Ltd

4. EXO Travel Cambodia

5. Royal Limousine

6. Giant Ibis

7. Europe Car Cambodia

8. Mbus Asia

9. Phearom 98K

Out of these nine vendors, only vendor no. 1, 2 & 3 were considered as adequate to enter into IDIQs. Each of the three vendors is found to have a good number of vehicles in their fleet. All others do not have enough fleet capacity to offer, for example, Giant Ibis and

Mbus can offer only bus/minibus. Even though six of them have a small number of vehicles, we still can turn to them with individual purchase orders if an unexpected or unique need arises.

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

Our market research solicited informal rental prices quoted by all nine vendors.

Rates provided by all vendors were checked, compared, and found reasonable. Rates provided by A.V.R and DCK were similar to the rates of all other six vendors.

1. City Link Transportation (Cambodia) Co., Ltd (Hertz) – high prices & a fleet of

160 vehicles

2. A.V.R (Asia Vehicle Rental) Co., Ltd – reasonable prices & a fleet of 38 vehicles

3. DCK Travel and Tours Co., Ltd – reasonable prices & a fleet of 124 vehicles

4. EXO Travel Cambodia – reasonable prices

5. Royal Limousine – high prices

6. Giant Ibis – reasonable prices

7. Europe Car Cambodia – reasonable prices

8. Mbus Asia – reasonable prices

9. Phearom 98K – high prices

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

Only all proposed vendors combined are adequately capable of providing up to 200 vehicles to support transportation services for this VIP visit’s supporting staff and delegation.

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

The following vendors have been contacted for doing market research of vehicle rental services in Cambodia.

3. DCK Travel and Tours Co., Ltd

4. EXO Travel Cambodia

5. Royal Limousine

6. Giant Ibis

7. Europe Car Rental

8. Mbus

9. Phearom 98K.

All of them are interested in doing business with the Embassy. Most are credible and have experiences in vehicle rental business in Cambodia.

10. 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

CERTIFICATIONS

I certify that the information in this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition to the best of my knowledge and belief.

Date: Phong C Ngo

A/PTS Director

11/05/022

Phong C Ngo: