JOFOC Vnet_ 2023.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that Embassy Abu Dhabi use other than full and open competition for the renewal of 200 Mbps V Net Internet Transport Service for one year, from

02/01/2023 to 01/31/2024. The estimated cost is AED 523,227.60 (or $142,452.38) for one year.

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

Renewal of 200 Mbps dedicated internet leased link for the existing V Net circuit link at the Embassy.

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

200Mbs dedicated internet leased link is required from local service provider, Emirates Telecommunications Group Company (Etisalat), for V Net Circuits. A purchase order to be awarded to local ISP, Etislat, for renewal of the current subscription, to ensure continued and uninterrupted internet service at the Embassy.

This is a yearly subscription and billing will be for 12 months. Per Department reference 10 STATE 58048, dated January 12, 2023, post is being provided immediate funds to continue current subscription service before service suspension.

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

41 USC 253(c)(1), FAR 6.302-1(c) - Unique Source/Only one responsible source and no other supplies or services will satisfy agency requirements.

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

Etisalat is the local internet service provider for the 200Mbs dedicated internet leased link. The current service expiry date for the service is 1/31/2023, so renewal must be done effective from 02/01/2023 to ensure continued and uninterrupted internet service. Etisalat is the only commercial provider of dedicated internet service available in country and is a reliable institution. It meets the required and expected service requirements. It is a highly rated public company listed in Abu Dhabi stock exchange.

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

SAM.gov notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., blanket waiver provided in DOSAR

605.202-70).

As stated previously in para 5, Etisalat is the only available ISP carrier currently in the country that can provide the requested 200Mbps dedicated leased link for

Embassy V net circuits. The Telecom service providers in the UAE are Etisalat and

DU Telecom, and both are working under the Telecom Regulatory Authority of the http://repository.state.gov/searchcenter/Results.aspx?k=mrn%3a%2210%20STATE%2058048%22

UAE. It is to be noted that though Embassy Abu Dhabi completed solicitation/competition procedures for a recent cell phone contract, the other provider, Du, was found technically unacceptable and the only acceptable vendor is

Etisalat. As per the exception in FAR 5.202.(a).(1) this solicitation cannot be posted but the JOFOC may be published in SAM.gov (GPE) if required.

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

Etisalat has provided best possible rate to meet the agency requirements for dedicated internet leased link. The rate is reasonable for these unique requirements/facilities in comparison with the rate posted by Etisalat publicly. There is no reasonable commercial ISP competition available in the country to promote fair and equitable competition.

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

US Embassy Abu Dhabi’s Information Management Office and General Services

Office have conducted a local market survey to establish the viability of a competitive bid environment. The market survey returned with the determination that there are not enough commercial internet service providers available in the country that can provide the required internet service.

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

N/A.

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.

Requested service will be continued for one year. After that time another market survey will be conducted to find if market conditions have changed or the number of commercial internet service providers has increased enough to initiate a fair competitive bid process next time.

CERTIFICATIONS

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

01/19/2022___ _______________________________

Date Name: Jason Dennis

Title: IPO- US Embassy Abu Dhabi

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

I certify that the national security concerns of the referenced acquisition(s) meet the criteria set forth in Executive Order 12958 and FAR 6.302-6. *

*Only required when the justification is under the authority of FAR 6.302-6 and DOSAR

606.302-6, National Security. Reference DOSAR 606.302-6(c)(1) for the appropriate signatory authority and for additional information that must be included in the justification when using this statutory authority.