JOFOC - POTUS 2022.pdf

Reference DOSAR 606.303-2

JOFOC for Hotels JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION, PRICE

JUSTIFICATION (JOFOC)

ACQUISITION OF HOTEL ACCOMMODATIONS IN SUPPORT OF SENIOR

HIGH LEVEL USG VIP VISIT

1. I recommend that the Department of State use other than full and open competition for the acquisition of hotel rooms for this VIP visit. The total amount is for 2 contract awards to 2 different contractors. The estimated NTE for both contracts combined is

$1,930,120.80.

- Contract No. 19JA8022D0003 (Hotel Okura Tokyo) – NTE $1,458,120.80 USD

- Contract No. 19JA8022D0004 (ANA Intercontinental Tokyo/The Hotelier Group

Akasaka K.K.) – NTE$472,000.00 USD

Estimated NTE for both contracts combined: $1,930,120.80 USD.

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.

Hotel Okura Tokyo

2-10-4, Toranomon, Minato-ku

Tokyo 105-0001, Japan

ANA Intercontinental Tokyo

1-12-33, Akasaka, Minato-ku

Tokyo 107-0052, Japan

Provide sleeping rooms and office rooms with a combined maximum estimated 5,893 room nights. These contracts also include conference rooms and A/V equipment as needed to support the VIP visit.

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)

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.

The types of events, meetings, locations and availability of venues to support the

Senior High Level USG VIP and the delegation are often times designated by the host countries.

Unique requirements for communications support are under severe time limitations and always a determining factor in the selection process as its capacity to be augmented 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. With the exception of 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.

These unique Senior High Level USG VIP 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.

The following hotels will be contracted for services during this visit:

Hotel Okura Tokyo

2-10-4, Toranomon, Minato-ku

Tokyo 105-0001, Japan

ANA Intercontinental Tokyo

1-12-33, Akasaka, Minato-ku

Tokyo 107-0052, Japan

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 VIP visitors. Frequently VIP 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.

(Check all that apply.)

[ 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. (Check all that apply)

[ 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

[ X ] The hotels provide very accommodating cancellation policies, unlike many other hotels in the market with cancellation penalties effective many days to weeks prior to the reserved occupation date.

[Add other factors that apply]

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:

Palace Hotel: More than 40% short of sufficient rooms and the unavailability of banquet rooms for visit events.

Prince Gallery Kioicho: Up to 50% short of sufficient rooms and banquet rooms.

Prince Park Tower Hotel: There are no sufficient suite rooms

New Otani: Up to 50% short of sufficient rooms

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

The standard rooms for the two hotels being contracted are within Tokyo lodging per diem, and the cancellation policy is very flexible, applying the individual room cancellation policy vice the group reservation policy, which does not require a down payment for securing enough rooms. The pricing has been negotiated for the normal suite to keep it within 300% of per diem.

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.

Post will continue reviewing hotels on the market and identify further candidates for hosting Senior High Level USG VIPs.

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.

__May 3, 2022__ ______________________

Date: Phong Ngo

Director, Presidential Travel Service

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.

__May 4, 2022__ _____________________

Date: Kendrick M. Liu

: Contracting Officer

(If over $500,000 add)

As the Competition Advocate at post, I approve this justification:

__ May 5, 2022___ _____________________

Date: Majorie R. Phillips

Management Minister Counselor