JOFOC Vehicle Brand Name Only ODC Athens.pdf

BMW X5 SUV Vehicle U.S. ODC Athens, Greece

Justification and Approval

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity:

The Office of Defense Cooperation (ODC), Athens is conducting the acquisition for a BMW X-5 vehicle. The total estimated cost is up to $113,000 including surcharges or applicable sales tax (OST).

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

This action is to approve the purchase of the specific brand and type of one BMW vehicle described in Section 3 below. The vehicle will be used by the ODC. This vehicle is 'softskin', i.e., it is not armored. The vehicle will be used as both a self drive vehicle and distinguished visitor (DV) and will ensure furtherance of Mission Athens goals and objectives.

The procurement is to be limited to a specific type, with aftermarket accessories, of vehicle within the BMW brand for reasons cited in Section 5 of this JOFOC. The acquisition of the subject vehicle will result in a firmfixed price purchase Order.

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

The following makes and models are required under this JOFOC:

• One (1) unit, BMW X5 xDrive40i.

Notes: A) The vehicle shall be purchased from a BMW dealer who is authorized by the manufacturer to serve as their authorized representative. B) A certified and authorized BMW service center is in Athens and has serviced the ODC for several years. The certified authorized service center will honor the warranty period and be capable of providing and installing Original Equipment Manufacturer (OEM) parts for the above mentioned vehicle. C) The vehicle must be purchased from an Athensbased BMW dealer or any entity/vendor who can deliver vehicles on the Embassy doorstep with DDP (Delivered Duty Paid), so all transportation charges, delivery and customs formalities in Greece will be included and done by Seller's side.

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

This acquisition is conducted under the authority 41 U.S.C. 3304(a)(1) as implemented by FAR 6.3, and substantiated by the following regulatory authority:

The regulatory authority is:

☒ FAR 6.3021, (c) this acquisition uses a brandname description.

Only BMW manufactured vehicles will satisfy the fleet requirements. The current Motor Pool fleet is comprised of 95% of BMW manufactured vehicles. BMW OEM spare parts are readily available on the local market.

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

This acquisition is for the United States Government (USG) to replenish and update its existing Motor Pool fleet inventory.

Now that the “armored vehicle” requirement has been removed for Greece, the ODC disposed of 2x armored vehicles last year and need to be replaced with softskin vehicles.

6. A description of efforts made to ensure that offers are 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.

Vehicle options that are not BMW, as detailed in Section 3 above, e.g., Mitsubishi, would require a substantial shift for EOM spare parts to accommodate this alternative manufacturer and vehicles. Additionally, the ODC is consistently supporting DV visits (eg SecState). It is imperative that ODC vehicles have same attributes and performance as the Embassy fleet (BMWs).

The requirement will be posted on RPSO website and https://beta.sam.gov/ using a brand name description and allow competition among all known BMW dealers, able to meet the requirements established in the solicitation document.

In Accordance with FAR 5.102 (a) (6) the justification shall be posted with the Solicitation

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

The Acquisition will be posted on RPSO website https://beta.sam.gov/ using a brand name description. The evaluation of offers and award will be in accordance with LowestPriced, Technically Acceptable (LPTA) approach.

GSO Procurement (Athens) has researched the local market for the vehicle types as detailed in Section 3, and this has formed the basis for the estimated cost as noted in Section 1. GSO Procurement and the Contracting Officer (CO) at the U.S Embassy Athens have good prior experience with the local market for both vehicles and spare parts.

The Contracting Officer (CO) has determined that this justification is accurate and that the anticipated cost will be fair and reasonable. Other than the requirement for the specific Brand, this procurement will be competed to the fullest extent practicable.

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

A formal market survey was conducted by ODC to identify the competitiveness of and the pricing in the local vehicle dealership market. In 2020, the ODC executed the bidding process for an SUV. The BMW was the only one that fit the specifications, however, it had prohibited Bluetooth equipment and we had to delay the purchase. One of the local providers have proven reliable as regards the stocking and provision of OEM spare parts.

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

N/A

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

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.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION

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

SIGNATURE:

06Aug2021

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12))

I certify that this justification is accurate and contains complete data necessary to support the recommendation for Other than Full and Open Competition.

Date Contract Specialist

Date Contracting Officer

Name: Anthony M. Garner Date Title: Deputy Chief, ODC Office: U.S. Embassy Athens, Greece