Justification and Approval (JA) Orange Cell_20 DEC 2024 (2).pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

PURSUANT TO FAR SUBPART 6.3

1. Identification of the agency and the contracting activity:

I recommend that Embassy Monrovia use other than full and open competition for the acquisition of the mission-critical cellular phone service.

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

This is a sole-source action to submit a purchase order for the cellular phone services from Orange Liberia provided to the U.S. Embassy Monrovia. It is a Firm-Fixed-Price.

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

(including estimated value).

The requirement is to provide one calendar month of cellular phone service to basic phones and smart phones used by U.S. Embassy Monrovia. The estimated value for the entire period of performance is $25,200. These services require that SIM cards or eSIMs are furnished for the appropriate devices to completes calls, texts, and/or receive data to perform mission-critical tasks.

4. An identification of the statutory authority permitting other than full and open competition. This acquisition is conducted under the authority of 41 U.S.C. 3304, as implemented by FAR 6.3 and substantiated by the following:

☒ FAR 6.302-2 – Unusual and compelling urgency.

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

Orange Liberia is uniquely qualified to provide these services to U.S. Embassy Monrovia based upon the following:

a. They provide a critical function to the embassy as the current cell phone service provider. They follow all the requirements as previously described in the specifications. They already have the necessary existing infrastructure. It would serve to provide a continuity of service to maintain the same provider while soliciting a five-year contract that in progress.

b. If Orange Liberia is not used in the interim (during the process of the setting up and solicitating a five-year contract) then setting up the same services with a different provider would cause a disruption of service due to the inability to maintain the same numbers and swapping existing equipment/services.

6. A description of efforts 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.

The embassy is in the process of a fully competed five-year contract (1+4) solicitation for its cellular phone service.

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

Government will be fair and reasonable.

The Contracting Officer has determined the anticipated cost to the Government for the services covered by this J&A will be fair and reasonable based on comparison to substantially similar item(s); sales of the same item to other purchasers; market prices;

historical prices.

The Contracting Officer will not award the planned contract action unless the Contracting Officer evaluates and determines that the resultant cost is fair and reasonable.

8. A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

The acquisition plan and five-year solicitation are in the drafting phase. Once requirements and specifications are written, market research will be conducted so that all potential providers will be alerted of the upcoming opportunity. They will be advised that they need to have an active SAM.GOV registration to participate in the bidding process.

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

N/A

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

N/A

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.

The embassy plans to advertise a fully competed five-year contract (1+4) solicitation for its cellular phone services in 2025, which will include service to basic phones and smartphones.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION - FAR 6.303-2(c) I certify that any supporting data under my cognizance and which form a basis for this justification are complete and accurate to the best of my knowledge and belief.

SIGNATURE:

December 20, 2024

Antoinette Phongoen Date Diplomatic Technology Officer Requiring Office

CERTIFICATIONS

CONTRACTING OFFICER CERTIFICATION - FAR 6.303-2(b)(12) I certify that this submission is accurate and complete to the best of my knowledge and belief.

SIGNATURE:

December 20, 2024

Megan Biek Date Contracting Officer

A/GSO