Justification for Approval of Cell Phone Services Extension.docx

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that Embassy Cotonou use other than full and open competition for the acquisition of cell phone services for a period not to exceed six (6) months from November 13, 2024-May 12, 2025.

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

The Government has a requirement for cellphone management services for agencies at the U.S. Embassy Cotonou. Cellphone services for U.S government employees will be for six (6) months. The Government will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed.

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

US Embassy Cotonou requires a Service Plan for 350 SIM cards and services to include: calls within the network, calls to other carriers in Benin, calls to landlines, SMS, international calls to Washington DC, international calls to other locations, international roaming for incoming calls, international roaming for outgoing calls, internet access services limited to 5GB per month, and any additional new lines.

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

(a) Authority. (1) Citations: 10 U.S.C. 3204(a)(2) or 41 U.S.C. 3304(a)(2).

(2) When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

1. 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).

The current contractor, Spacetel Benin S.A., has been providing services to the US Embassy August, 2022. US Embassy Cotonou has been attempting to enter into a C Contract for telecommunications but has had ongoing issues with respect to : 1) there not being more than one viable vendor in the region; 2) the ability of new vendors entering the market to register in SAM; 3) compliance with Cybersecurity Supply Chain Risk Management. Embassy Cotonou was able to put into place a one-year contract with Spactel Benin, but due to limiting factors (specifically not enough resources on the procurement staff to manage multiple large expiring contracts that require solicitation and the involvement of Global Acquisition Management), post needs more time to be able to properly solicit a C Contract. Post intends to enter into a one-year base plus four option years contract effective May 13, 2025.

1. 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 by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., revised blanket waiver referenced in PIB 2014-3).

A Notice of Intent will be publicized on SAM. The proposed contract action is made under the conditions described in FAR 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

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

The vendor has agreed to provide the same level of services at the same per-month cost as in the previous year. The Contracting Officer has determined that this is fair and reasonable.

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

A market survey was not conducted for this extension due to limitations of time, resource constraints, and the additional fact that the vendor has agreed to keep prices at the same level as in the last twelve months.

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

Embassy Cotonou recognizes the importance of doing a comprehensive evaluation of the market so that it can enter into a five-year contract with a service provider. At the same time, it is important that services not be interrupted. This six-month extension will give the Contracting Officer and the Contracting Officer Representative the time needed to enter into a fair and reasonable contract.

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

N/A

1. 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.

N/A

CERTIFICATIONS

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

November 7, 2024 Rebecca J. Stone, General Services Officer

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.

November 7, 2024 Date Contracting Officer image1.jpeg