JOFOC IR Binoculars.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 procurement and delivery of 50 thermal imaging binoculars Archer TGX-8/75, 25 multisensory binoculars Archer MSB-8, 25 additional control devices for Archer MSB-8 and 25 pan and tilt platforms.

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

For the contract, the company Thermal Vision Technologies, LLC, Ukraine, submitted an offer to deliver 50 thermal imaging binoculars Archer TGX-8/75, 25 multisensory binoculars Archer MSB-8, 25 additional control devices for Archer MSB-8 and 25 pan and tilt platforms.

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 50 thermal imaging binoculars Archer TGX-8/75, 25 multisensory binoculars Archer MSB-8, 25 additional control devices for Archer MSB-8 and 25 pan and tilt platforms, was to delivery as quickly as possible. Thermal Vision Technologies’s offer is to provide these items within 60 days from the award of contract meets this requirement.

American Consulate General Regional Procurement Support Office (RPSO)

Giessener Strasse 30 60435 Frankfurt am Main

Germany

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 50 thermal imaging binoculars Archer TGX-8/75, 25 multisensory binoculars Archer MSB-8, 25 additional control devices for Archer MSB-8 and 25 pan and tilt platforms. Other vendors were unable to deliver the items/equipment within 60 days of the award.

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 Infra-Red thermal imaging binoculars 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 items/equipment without pre-payment or were unable to deliver the items/equipment within 60 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 50 thermal imaging binoculars Archer TGX-8/75, 25 multisensory binoculars Archer MSB-8, 25 additional control devices for Archer MSB-8 and 25 pan and tilt platforms. Other vendors were unable to deliver the items/equipment to INL Kyiv within 60 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.