JOFOC_Updated 24 June 2021.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that Embassy Panama use other than full and open competition for the acquisition of ADAN/ Body Scanner Maintenance, Spare Parts and Training. The estimated cost is $101,434.30.

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

This is a request to sole source to vendor ADANI SYSTEMS INC. This purchase is to support technical services, training services and listed spare parts for two (2) installed Adani Conpass DVfull-body scanners at the La Joya Prison located in Panama.

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

• Two (2) Corrective maintenance of one (1) Adani Conpass DV Full-Body X-Ray scanner machine and peripheral devices for one year

• Three (3) Preventive maintenance of one (1) Adani Conpass DV Full-Body X-Ray scanner machine and peripheral devices for one year

• Three (3) Option Year of Preventive maintenance of one (1) Adani Conpass DV Full Body X-Ray scanner machine and peripheral devices

• Two (2) Option year Corrective maintenance of one (1) Adani Conpass DV Full-Body X Ray scanner machine and peripheral devices

• Two (2) Corrective maintenance of one (1) Adani Conpass DV Full-Body X-Ray scanner machine and peripheral devices for one year

• Three (3) Preventive maintenance of one (1) Adani Conpass DV Full-Body X-Ray scanner machine and peripheral devices for one year

• Three (3) Option Year of Preventive maintenance of one (1) Adani Conpass DV Full Body X-Ray scanner ~achine and peripheral devices

• Two (2) Option year Corrective maintenance of one (1) Adani Conpass DV Full-Body X- Ray scanner machine and peripheral devices

• Four (4) Operative level trainings of the Adani Conpass DV Full-Body X-Ray scanner

• One (1) ADANI Conpass DV X-Ray Generator-Spelman (Part #XRB160PN192X4060)

• One (1) ADANI Conpass DV X-Ray Generator - V.J (Part #IXS160BP200P257)

• One (1) ADANI Conpass DV Data Collector (Part #ADN84.63.20.000)

• One (1) ADANI Conpass DV Power Supply +5V (Part #ADN26.18.41.000-01)

• One (1) ADANI Conpass DV Processor Board (Part #ADN84.29.07.000-03)

• One (1) ADANI Conpass DV DC Motor Control Board (Part #ADN84.110.02.140)

• One (1) ADANI Conpass DV Reduction Gear Motor (Part #ADN84.02.08.200)

• One (1) ADANI Conpass DV Encoder (Part #HEDS-5500A13)

• Two (2) ADANI Conpass DV Microswitch (Prut # D2VW-5-L2A-1)

• One (1) ADANI Conpass DV Microswitch (Part #Type G SPDT (15A))

SENSITIVE BUT UNCLASSIFIED

• Two (2) ADAN! Conpass DV Electromagnet Assembly (Part #ADN126.15.03.630)

• One (1) ADAN! Conpass DV Key Switch (Part #ZB5 AG08)

• One (1) ADAN! Conpass DV Power Supply +24V (Part #ADN84.3 1. 10.000)

• Two (2) ADAN! Conpass DV Shutter Replay (Part #Finder 40.52.9.024.2000)

• Four (4) ADAN! Conpass DV Fan with Grill (Part #FK 5522.230)

• One (1) ADAN! Conpass DV Fan (Part #ADN 126.15.10.000)

• One (1) ADAN! Conpass DV Emergency Stop Button (Part #84-503 l .2B20)

• Two (2) ADAN! Conpass DV Computer Hardware Replacement

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

This request is submitted based on the following statutory authorities:

Citation: 41 U.S.C. 253 c (1) FAR 6.302-1 (a)(2)(ii)

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof .. "

FAR PART 8.405-6(b) Limiting Sources

" .. . (b) Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer ... "

5. 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).

This request is intended to provide spare parts, preventative maintenance, and corrective maintenance to two (2) installed ADAN! Conpass DV Full-Body Scanners, procured by INL Panama, under contract 191INLE1 8P0053 in 2018. The spare parts are essential and intended to provide the end user the ability to obtain immediate repairs. The machines are highly sensitive and have required repairs several times. These items are manufactured by ADANI, an exclusive authorized factory manufacturer.

The proposed contractor, Adani Systems Inc, is the exclusive, authorized factory sales and support provider for Adani scanners. The proposed contractor, Adani Systems Inc, is necessary to ensure interoperability, safety, fair pricing and compatibility with existing scanner systems at the La Joya Prison.

6. 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 y FAR 5.2, and if not, which exception under FAR 5.202 applies ( e.g., blanket waiver provided in DOSAR 605.202-70).

The proposed contractor is the sole, exclusive provider of these replacement parts, training, and services. Adani Systems, Inc. has informed us that only one other company- OLS Soluciones Integrales SAS (OLS)- is certified to provide corrective maintenance to Adani-Conpass DV body scanners. OLS does not provide spare parts, training, or preventative maintenance for these scanners. Additionally, OLS would add a distributor' s charge, which would inflate the price of service.

The notice of intent to purchase Sole Source products or this J&A will be published on beta.sam.gov, within 14 days of award in accordance with FAR Section 6.305 , or at the discretion of the Contracting Officer.

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

The associated costs have been reviewed and are considered fair and reasonable compared to previous services contracted from years 2018 to 2021.

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

No market survey was conducted, as the proposed contractor is the sole, exclusive provider authorized to provide spare parts, training, and preventative maintenance for Adani-Conpass DV body scanners and able to integrate the required computer hardware to the devices at the La Joya Prison.

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

Not Applicable

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

None

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.

It is understood that no additional actions can be taken to overcome barriers to competition at this time. If future similar requirements are requested, we intend to review the manufacturer ' s legal handling of the matter and compete it among other authorized distributors, if applicable.

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 Kendall Moss INL Deputy Director International Narcotic and Law Enforcement

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 US Embassy Panama

6/24/2021