Justification and Approval for Sole Source signed.pdf

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Justification and Approval for Sole Source

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

United States International Development Corporation ("DFC") proposes to acquire legal services to assist DFC's legal team with undertaking a review of the new Myanmar sanctions regime and its implications for the DFC loan to Apollo Towers Myanmar (the "Project").

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

DFC requires the services of Freshfields Bruckhaus Deringer US LLP ("Freshfields") to assist with reviewing the new Myanmar sanctions regime and advising DFC on its implications for the Project. DFC has selected Freshfields, because Freshfields has acted as DFC's counsel on the Project since origination, and it is very familiar with the counterparties involved, the transaction documents, and the structure of the Project. Freshfields also has the necessary technical sanctions expertise to assist with this work. Therefore, Freshfields is best suited in terms of skills and prior experience, and is the most efficient and cost-effective way to proceed with the sanctions legal work required for the Project.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Apollo Towers Myanmar

b. Project description. DFC has provided a $250 million loan to Apollo Towers Myanmar for the greenfield construction and operation of approximately 2,500 telecommunications towers in Myanmar.

• Requirement type.

Research & development (R&D) R & D support services X Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

• Type of action.

X New requirement _ Follow-on; Task order against an existing ID/IQ Other (specify)

• Proposed contract/order type.

____ Firm-fixed-price ____ Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ ____ Cost-plus-fixed-fee ____ Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ X Time and materials

____ Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ________ ____ Other (specify): _______________ Completion Form ____ Term form

• Contract/ Purchase order number. REQ-701-20-0030

c. Total estimated dollar value and performance/delivery period.

Estimated $25,000 for a one-year period of performance from the date of award.

d. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

Freshfields is very familiar with the Project, having represented DFC on the Apollo Towers Project (482- 2015-236-IG) borrower-pay contract OCE-2180 since origination. Freshfields' familiarity with the Project means that the most cost-effective and efficient way to get the legal advice on the new Myanmar sanctions regime that DFC requires is to engage the same counsel. Freshfields also has the necessary technical sanctions expertise to provide comprehensive advice to DFC on the sanctions issues it may face in the Project.

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

X This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 3304(a)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302-1.

This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a).

This acquisition is conducted under the authority of __________________________________ as set forth in

5. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable.

Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Synopsis is not required per FAR 5.101(a)(1) as the proposed action is not expected to exceed $25,000.00

6. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

The proposed prices for service will be compared to current prices paid by DFC for similar services on current IDIQs and task orders for legal support. The CO also anticipates that the Contractor will quote prices that are consistent with rates and discounts for service under borrower-pay contract OCE-2180.

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted. Additional market research was not conducted as Freshfields is the only firm with the required knowledge of this project.

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

9. Listing of sources, if any, that expressed, in writing, an interest in the acquisition. No other sources have expressed an interest, in writing, in the proposed acquisition

10. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services. In an effort to remove or overcome such a barrier to competition in the future, the market will be scanned periodically for new companies and products that could satisfy the Government’s requirements.

Program Office Certification

This is to certify that the portions of this justification that have been developed by the undersigned office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Andrea Keller Associate General Counsel Requesting Official

Contracting Officer Certification. This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Elena Raspitha Contracting Officer

The Managing Director, Office of Acquisition, if applicable, shall indicate review of, and concurrence with, any J&A over $25,000 by providing the information required below and signing in the applicable block.

//Not Applicable to this requirement// Managing Director, Office of Acquisition signature