JOFOC-ITC MUGHAL FOR POSTING.pdf

Reference DOSAR 606.303-2

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION, PRICE

JUSTIFICATION (JOFOC)

ACQUISITION OF HOTEL ACCOMMODATIONS IN SUPPORT OF SENIOR

HIGH LEVEL USG PRINCIPALS VISIT

1. I recommend that the Department of State use other than full and open competition for the acquisition of hotel rooms conference rooms, catering services and communication /

IT equipment rental services for this Senior High Level USG Principal visit. The estimated cost will range from $ 274 to approximate $959,799/- dependent on actual services contracted.

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.

The contract is for Hotel ITC Mughal, Agra for hotel rooms, conference rooms, catering services and communication / IT equipment rental services

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)

This contract is solely for the Senior High Level USG Principal traveling with a delegation inclusive of support elements in: Security, Communications, Logistics and Operations in Agra, India.

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 site selections to be finalized with both the local vendors and Posts before the actual Senior High

Level USG VIP visit occurs. Security and logistical teams make determinations during the site survey as to which hotels are most suitable for the Senior High-

Level USG VIP and his traveling staff to remain overnight. Consideration of the

Senior High Level USG Principal and the location are taken into consideration as a determining factor.

Due to short the planning period of this visit, the types of events, meetings, locations and availability of venues to support the Senior High-Level USG VIP and the delegation are often times still being negotiated with the host nation.

Unique requirements for ground logistics support are under severe time limitations and always a determining factor in the selection process for a vendor’s capacity and capability of augmentation to the unique requirements necessary to support certain Senior High Level USG Principals.

Many of the arrangements for hotel and 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.

Except for 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.

Only one contract will be awarded

These unique Senior High Level USG Principal 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.

Security and logistics are the Department of State’s primary considerations when procuring hotel rooms. The Department of State must be able to provide a safe and secure environment for unique Senior High Level USG Principal visitors. Frequently unique

Senior High Level USG Principal visits are not announced or confirmed in sufficient time to conduct a competition, creating an urgent and compelling need. At other times, the security requirements and/or requirements of the host country government limit the acquisition to one or a small number of predetermined hotels.

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

[ ] The host country government requires the use of this/these hotel(s).

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

[X] Set-back (hotel is safe distance from the street)

[X] Location (able to secure building, travel route; distance to and from event)

[X] Size and number of rooms (able to house everyone in one hotel)

[X] Conference facilities (adequate space for meetings, press conferences)

[X] Communications (able to install equipment/lines, command center)

[X] Accommodating to security needs

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 in FedBizOpps.

The following other hotels were reviewed but were not adequate because of the following:

Courtyard by Marriott – insufficient size, insufficient set-back/security/non availability of rooms

Taj Convention – insufficient size, insufficient set-back/security/ non availability of rooms

Trident, Agra – insufficient size, insufficient set-back/security/ non availability of rooms

All the hotels in Agra are not able to meet up the room needs of the delegation and are fully booked during that period. USG delegation needs estimated 218 rooms per night and could adequately support our security requirements in a short period of time.

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

The anticipated cost - $274 inclusive of taxes to the Government is fair and reasonable.

The costs are justified with prevailing market rates in Agra, ensuring that the Government receives value for money while maintaining compliance with regulatory standards.

8. Any other facts supporting the use of other than full and open competition. None

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

None

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.

April 7, 2025 ______________________

Date: Phong C Ngo

Presidential Travel Director

I certify that this justification is accurate and complete to the best of my knowledge and belief. Based on my assessment, I conclude that other than full and open competition is justified and the proposed price is fair and reasonable.

April 7, 2025 Audrey F. Moyer

Date: Contracting Officer