JOFOC_Overseas_SIGN 09-03-2021.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

I recommend that Embassy PAN AMA CITY use other than full and open competition for the acquisition of GPS DEVICES. The estimated cost is $60,298.00.

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

This is a sole-source request for the acquisition of thirty (30) GridSmart GT6 tracking devices and two (2) radio frequency proximity detectors, to include three (3) years of service and customer support, for GPS devices with the brand name GRIDSMART, owned by THE GRIDSMART COMPANY, based in the United Kingdom.

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

• Thirty (30) GridSmart GT6 GPS trackers

• Two (2) GridSmart radio frequency proximity detectors

• Three (3 ) years' service and customer support

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

This request is submitted under authority of 41 U.S.C. 3304 (a) (1) and 41 U.S.C.

3304 (a)(5) :

41 U.S.C. (a)(l) - Use of noncompetitive procedures " ... (a) When Noncompetitive Procedures May Be Used.-An executive agency may use procedures other than competitive procedures only when-

(1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services wi ll satisfy the needs of the executive agency; ... "

FAR 6.302-1 (ii) (A)- Only one responsible source and no other supplies or services will satisfy agency requirements.

" ... substantial duplication of cost to the Government that is not expected to be recovered through competition;"

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).

After consulting with DEA and its Technical Division, the Panama National Police Anti-Narcotics Directorate (DNAD), and other Panamanian security forces, INL Panama has determined that GridSmart GT6 GPS tracker devices meet all unit operational needs; are secure, reliable, and adaptable; have longer battery life and better connectivity (few, if any, "dead zones") than similar devices produced by other providers; and are manufactured for easy investigative deployment.

GridSmart, the manufacturer, has confirmed that does not have a GSA contract, nor a branch in the USA. They do have a distributor for the Republic of Panama, but as stated by the manufacturer, procuring through this local representative would result in additional costs and delivery time.

5. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a FedBizOpps notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies ( e.g., blanket waiver provided in

DOSAR 605.202-70).

A solicitation effort will not be practicable or efficient, as !NL-Panama has determined that there are no other vendors able to provide GPS devices that are secure, reliable, adaptable, and designated for investigative purposes.

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

We anticipate the cost to be reasonable, as compared with prior contracts for the same type of devices.

The cost in past contracts and different models used, ranged from $190 to $400 (includes price of the device, and customization prior to use, so they would be serviceable by local radio providers).

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

Over the course of many years, the Panama Sensitive Investigative Unit (SIU), which is supported by !NL-Panama and DEA, and other Panamanian security forces have struggled to find GPS devices that are secure, reliable, adaptable, and designed for investigative purposes. In the past the SIU has attempted to use devices from local vendors, such as Bymtek and Fastrack; however, those devices have not produced acceptable results.

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

Local vendors have provided similar devices and services, but those devices frequently encountered "dead zones," where they lose connectivity and leave investigators in the dark. For this particular service, procuring from local companies is also a risk, as local companies managing sensitive investigative information may have ties to the individuals being investigated or be vulnerable to threat or coercion from local criminal organizations.

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

Other local vendors have been contracted and expressed interest in the past, however, the devices did not perform correctly and frequently encountered "dead zones."

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 at this time.

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.

Not at this time

CERTIFICATIONS

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

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Requirements Office

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 Contracting Officer 3 sep 21