JOFOC - Ritz-Carlton Hotel.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

<Check the correct box and delete the other citations>

☐ Office of Acquisitions Management

☐ Foreign Service Institute

☐ Office of Foreign Missions

☐ U.S. Mission to the United Nations ☒ Overseas Post <insert post name>

Requiring Activity US Embassy Baku – Acquisition of Hotel Accommodations in Support of Senior High- Level USG Principal

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

Approval is requested to “solicit and award on a sole-source basis” a Firm-Fixe-Price, IDIQ Contract to The Ritz-Carlton Hotel in Baku for the services described in Section 3 to support a Senior High-Level USG Principal traveling with a delegation inclusive of support elements in hotel accommodation services described in Section 3 on behalf of the Requiring Activity, with an expiration date of 28 February, 2026.

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The service is needed to provide guest accommodation and office rooms with a combined maximum estimated 2,475 room nights. These contracts also include conference rooms and A/V equipment as needed to support the visit.

A. Hotel Rooms

Room Category Estimated Qty of Rooms

Price per Room per Night

Estimated Qty of Nights

Applicable

Taxes (i.e., VAT)

Sub-Total

Deluxe (single) 165 $ 316 2,475.00 $ 0.65 $783,708.75

Presidential Suite 1 $9,000.00 2 $ 0.65 $18,001.29

One-Time Furniture

Removal Fee per room 20 $590 $11,800.00

Early Check-In Fee Full day $ 316 48 $ 0.65 $15,199.06

Late Check-Out Fee Full day $ 316 2 $ 0.65 $1,266.59

Sub-Total for Hotel Rooms $829,975.69

B. Conference Rooms

Room Category Estimated Qty of Rooms Price per Day

Estimated Qty of Days

Applicable

Taxes (i.e., VAT)

Sub-Total

Conference Room 2 $500 13

$13,000.00

Grand Ballroom 1

$4,000.00

Exclusively Reserved Club

Lounge

165 2

$12,492.00

High speed internet 1 $3,290.12 All nights $3,290.12

Sub-Total for Conference Rooms $45,274.12

Sub-Total for Hotel Rooms $829,975.69

Sub-Total for Conference Rooms $45,274.12

Grand Total (for all hotel and conference rooms, Exclusively Reserved Club

Lounge including all taxes) $875,249.81

The estimated value for the entire period of performance is $ 873,641.06

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

This acquisition is conducted under the authority of 41 USC 3304, as implemented by FAR 6.3 and substantiated by the following: Check one of the FAR citations below and delete the other citations.

☐ FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

☒ FAR 6.302-2 – Unusual and compelling urgency.

☐ FAR 6.302-3 – Industrial mobilization; engineering, developmental, or research capability; or expert service.

☐ FAR 6.302-4 – International Agreement.

☐ FAR 6.302-5 – Authorized or required by statute.

☐ FAR 6.302-6 – National Security.

☐ FAR 6.302-7 – Public Interest.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY

CITED

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.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLICIZED AS REQUIRED BY FAR SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER FAR 5.202 APPLIES

The proposed contract was synopsized on 12/15/2026. The following other hotels were reviewed but were not adequate because of the following:

Sea Breeze Resort Hotel Baku: Rooms were not available to match needs. Up to 60% short of sufficient rooms and banquet rooms.

Hilton Hotel Baku: Rooms were not available to match needs. Up to 60% short of sufficient rooms and banquet rooms.

JW Marriott Baku: Rooms were not available to match needs. Up to 60% short of sufficient rooms and banquet rooms.

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT IS FAIR AND REASONABLE

The Contracting Officer has determined the anticipated $627,624.54 to the Government of the supplies/services covered by this J&A will be fair and reasonable based on the standard rooms for the hotel being contracted are within Baku lodging per diem, and the cancellation policy is flexible, applying the individual room cancellation policy vice the group reservation policy and also does not require a down payment for securing enough rooms. For the second hotel, the pricing has been negotiated for the normal suite to keep it within 200% of daily per diem. By signing the justification, the Contracting Officer makes a determination that the $627,624.54 to the Government is expected to be fair and reasonable.

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

None

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

None

SECTION 10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION

None

SECTION 11. 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

See section 5.

SECTION 12. CERTIFICATIONS

All reviews and approvals should be completed in the order listed unless otherwise authorized or required.

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

SIGNATURE:

Phong C. Ngo Date Director of Presidential Travel

CERTIFICATIONS (Continued)

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12)) I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

SIGNATURE:

Michael M. Pitts Date Contracting Officer

SECTION 13. APPROVALS

HEAD OF THE CONTRACTING ACTIVITY

SIGNATURE:

Mark E. Hernandez Date

HCA

01/27/2026

02/12/2026 08:54 GMT

Pitts, Michael (PittsMM@state.gov)

02/12/2026 08:56 GMT

Hernandez, Mark (HernandezME3@state.gov)