JOFOC Fuel Tank Trucks.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

1. Identification of the agency and the Contracting Activity

The agency is the Bureau of International Narcotics and Law Enforcement Affairs. The Contracting Activity is the Office of Acquisition Management, Regional Procurement Support Office Frankfurt.

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

This action is for the delivery of six (6) fuel tank trucks.

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

For the contract, the company Pulsar Expo in Prague, Czech Republic, offered to deliver two (2) IVECO TRAKKER AD190T38WH AT ADR Fuel Tank Trucks, one (2) IVECO EUROCARGO ML150E24WS 4x4 Fuel Tank Truck and two (2) MAN TGS 18.360 4x4 Fuel Tank Trucks which meet the technical specifications in the Statement of Work within 90 days after contract award.

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

The statutory authority is 41 U.S.C. 253(c)(2). The regulatory authority is FAR 6.302-2, 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

One of the requirements for six (6) fuel tank trucks is to have them delivered by the quickest means possible. Pulsar Expo’s offer to provide these pick-up trucks within 90 days from the award of contract meets this requirement.

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

The INL office in Kyiv reached out to several distributors for six (6) fuel tank trucks. Other vendors were unable to deliver the vehicles within 90 days of the award.

American Consulate General Regional Procurement Support Office (RPSO)

Giessener Strasse 30 60435 Frankfurt am Main

Germany

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

The Contracting Officer has determined that the cost to the Government is fair and reasonable due to historic/previous fuel tank truck procurement actions.

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

Other vendors were either not willing to provide vehicles without pre-payment or were unable to deliver the vehicles within 90 days of the award.

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

None.

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

Other sources that expressed an interest in the acquisition of the fuel tank trucks were unable to deliver them to the INL Kyiv within 90 days after contract award.

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.

Include a statement that this J&A for other than full and open competition will be published on SAM.gov in accordance with FAR Section 6.305 within 14 days of award (or within 30 days if the J&A is for unusual and compelling urgency.)

This J&A for other than full and open competition will be published on SAM.gov in accordance with FAR Section 6.305 within 30 days. However, the posting will be generic in nature i.e. no specifics like names thereby protecting the identity of involved customer and employees alike.