JOFOC Jerusalem Legal Services 19GE5020R0060.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

OVERSEAS CONTRACTING ACTIVITIES

I recommend that Embassy Jerusalem use other than full and open competition for the acquisition of local legal services in support of the acquisition and planning of the Allenby site and Diplomat Hotel for and in support of the Embassy Jerusalem New Embassy Compound (NEC), as well as negotiations and acquisition of a new site in Tel Aviv as may be interconnected with the Jerusalem NEC site(s) acquisition.

The estimated cost is $950,000.

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

This is a new contract with E.S. Shimron, I. Molho, Persky and Co. Law Offices for local legal counsel services in support of resolving the Allenby site and

Diplomat Hotel issues related to the Jerusalem NEC site acquisition, and the acquisition of a site in Tel Aviv.

2. A description of the supplies or services required to meet the agency's needs.

Local legal services are needed to ensure that the US. Government 's s i t e acquis i t ion per t a in ing to the A llenby s i t e and Diplomat

Ho tel /Arnona s i te ar e executed in accordance with local law.

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

41 USC 253(c)(I ), FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

4. 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).

Since 2002, E.S. Shimron, I. Molho, Persky and Co. has been an integral source of legal support and continuity for the Jerusalem NCC, and now NEC, site acquisition team. The firm has acted as the liaison between the US government and the host government. Recently, the firm's role has significantly expanded to address the relocation of the US Embassy from Tel Aviv to Jerusalem. Given the firm's long term involvement in supporting the management of this acquisition, it has been a source of necessary continuity in legal counsel services and local expertise.

Recent activities related to the complexity of resolving the Allenby and Diplomat Hotel issues related to the future NEC in Jerusalem, particularly with facilitating the necessary legal coordination between the Government of Israel, municipality, and Post , only increases OBO 's need for knowledgeable , immediately available, local legal counsel. E.S. Shimron, I Molho, Persky and Co. has been involved in these matters on a daily basis and possesses the knowledge and relationships to endure a successful outcome, paving the way for a property settlement. It is critical that their services be available to ensure continuous support of the complex real estate legal matters. To remove E.S Shimron, I Molho, Persky and Co. during this critical period would almost certainly endanger the critical timelines of this highly visible project.

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

Replacing local legal guidance during a critical point in a multi-year long real estate transaction is a decision that will almost certainly cause overall project delays, the cost of which dwarfs the potential (and unlikely) savings from competitively bidding these services at such an inopportune time. A presolicitation notice was posted to beta.S ntention to award this sole-source contract and allowing for firms to submit capability statements, should they wish to be considered.

No responses were received.

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

Based on previous market analysis, and since no significant change in costs or market since then, anticipated costs to the Government will be fair and reasonable.

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

A study of the Local counsel market was conducted at the time E.S. Shimron, I Molho, Persky and Co. services were originally contracted. At that time, several firms were interviewed, with E.S. Shimron, I. Molho, Persky and Co. offering the most qualified application to handle the complex requirements of the acquisition.

E.S. Shimron, I Molho, Persky and Co. has worked on similar governmental land acquisition projects and possesses the experience necessary to navigate the complexity of land acquisition in Jerusalem.

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

The USG will derive savings from maintaining the services of the law firm that has detailed and comprehensive experience with this specific transaction, and with US.

State Department needs and requirements. The high documentation demands of the USG are unusual and the learning curve of law-firms inexperienced in this sort of work for the USG is costly. A firm that has conducted legal work associated with sizeable property purchases in Jerusalem on behalf of the USG can supply the benefit of not only its experience in Jerusalem, but its experience with the USG.

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.

The services contemplated by this action can almost never be properly replaced in a cost-effective manner. Replacing local legal guidance during a critical point in a multi-year long real estate transaction is a decision that will almost certainly cause overall project delays, the cost of which dwarfs the potential (and unlikely) savings from competitively bidding these services at such an inopportune time. Further, substitution of new counsel, unfamiliar of the history and participants of a specific transaction, could even endanger the entire viability of that transaction. Finally, the hours required of both new counsel and USG personnel in educating prospective new counsel would be significant.

CERTIFICATIONS

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

Date Faisal Madi

International Realty Specialist

(OBO/PRE/OAD/SA)

Overseas Buildings Operations

Requirements Office

Legal Sufficiency Review

This justification is hereby determined to be legally sufficient.

Date Dennis Gallagher Assistant Legal Advisor

L/BA

Contracting Officer Certification

I certify that this submission is accurate, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Date Eric N. Moore Contracting Officer

Approval

Contracting Activity Competition Advocate ni Gall he n.

Faisal Madi

6/15/20

Date Sharon James Competition Advocate