JOFOC Transportation Services.pdf

Reference DOSAR 606.303-2

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION, PRICE

JUSTIFICATION (JOFOC)

ACQUISITION OF PASSENGER TRANSPORTATION WITH CHAUFFEURED

VEHICLES IN SUPPORT OF SENIOR HIGH LEVEL USG VIP VISIT FOR G20

LEADERS’ SUMMIT

1. I recommend that the Department of State use other than full and open competition for the acquisition of passenger transportation services from the vendor LGW LOCADORA

E TRANSPORTES LTDA and SLC MOBILIDADE E SERVIÇOS INTERNACIONAIS

LTDA in support of senior high level USG VIP visit for G20 Leaders’ Summit. The estimated cost is R$9.000.000,00 Brazilian Reais, (equivalent USD$1,645,338.20)

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 passenger transportation with chauffeured vehicles in support of senior high level USG VIP visit for G20 Leaders’ Summit in Rio de Janeiro –

Brazil from November 2 through November 22, 2024.

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 vendors are most suitable for transportation services of the Senior High Level USG VIP and his traveling staff. 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 vehicle rental companies 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.

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 vendors.

[ 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] Experience working with high level VIP visits. The Embassy has used LGW and KMON for previous VIP visits, including VPOTUS Visit to Brasília in 2014 and many other CODEL and STAFFDEL visits to Rio de Janeiro. They have a lot of experience of high-profile VIP visit events.

[X] Type and number of vehicles. LGW and KMON has the ability to acquire the required large number of vehicles with qualified and reliable drivers cleared by the Embassy Regional Security Office in a short amount of time.

[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 SAM.gov. Two (2) sources were selected to provide the required services. Those 2 sources hold current contract with the US Embassy and have all together the capacity to support the full event.

The following other car rental vendors were reviewed but were not adequate because of the following:

No other vendors than the selected two did have the capacity and experience to cope with this type of visit.

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

Rates applied are the rates obtained from a previous full and open competition conducted in March 2024 for the several visits that occurred in Rio de Janeiro this year, for instance Sec. State and Treasury visit.

Moreover, the daily rates are considered fair and reasonable when taking to consideration three factors:

1. There are no other vendors large enough to absorb the USG’s requirements for such a large visit in the local area.

2. Furthermore, due to Brazilian labor regulations pertaining to chauffeurs, vendors must provide enough staff in order comply with safety regulations for long shifts.

3. Rio de Janeiro experiences a significant increase of VIP visits for the

Olympic Games and the availability of vehicles with drivers is now very limited on the marketplace.

4. Given that the event is around 70 days away, the USG faces stiff competition in the market for the limited resources available to meet our needs.

The prices reflect this scarcity.

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.

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.

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.

Date: Phong C. Ngo

Director, A/PTS

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.

Date: Tyler H. Nunley

Contracting Officer

(If over $500,000 add)

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

Date: Scott A. Blomquist

Management Officer

09/27/2024 16:09 GMT

Nunley, Henry (NunleyHT@state.gov)

09/27/2024 16:22 GMT

Blomquist, Scott (BlomquistSA@state.gov)

October 7, 2024