FINAL_Part_13.501_sole_source_JA-signed.pdf

SIMPLIFIED ACQUISITION PROCEDURES

JUSTIFICATION FOR SOLICITING OTHER THAN FULL

AND OPEN COMPETITION

This document is prepared in accordance with the requirements of FAR 13.501(a)(1)(ii).

1. Agency And Contracting Activity: Overseas Private Investment Corporation (OPIC)

2. Nature and/or description of the action being approved: Contract awarded to

Business Legal Bureau for restructuring counsel for a finance project in the former Soviet Union.

3. Description of supplies and/or services: This is for non-severable, i.e completion contract, which has the period of performance directly tied to the completion of the legal services. This engagement (“a Restaurant Project in the Former Soviet Union”) requires the immediate use of counsel already familiar with the original, borrower-pay transaction to (i) facilitate an orderly and swift restructuring and/or (ii) assist in enforcement proceedings, causing a potential negative impact in the means of serious financial injury to OPIC in its recovery prospects under its project loan.

4. Statutory authority permitting other than full and open competition: FAR 13.501(a)(1)

5. Proposed contractor’s unique qualifications or the nature of the acquisition:

Business Legal Bureau has represented OPIC in the vast majority of Georgian deals as local counsel. The firm has been in operation for more than 20 years and is considered the oldest local law firm specializing in all areas of business law in the country of Georgia. This firm has taken part in the majority of the largest transactions in the history of Georgian business, and they successfully lead and guided investors through under-developed legal environment within Georgia. The team’s expertise includes corporate/transaction structuring, extensive and detailed due diligence, project finance and secured load transactions and commercial litigation.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable: N/A per FAR 13.501(a)(1).

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. The contracting officer finds the price for the requested task to be fair and reasonable on the basis that the support is being provided at current contract rates which were negotiated as part of a commercial acquisition and thus already deemed to be fair and reasonable.

8. Market research conducted and results: Due to the nature of this litigation matter. No

Market research was conducted. This contract is a result of an adverse legal matter that the above firm has already been involved with.

9. Any other facts supporting the use of other than full and open competition: N/A

10. Sources that expressed, in writing, an interest in the acquisition: N/A

11. Actions the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required: This is not feasible for the nature of these requirements. These actions are for legal matters and when applicable, the Contracting Officer will follow up with all interested firms.

12. Proposed contractor: Business Legal Bureau Address: 5/18 Marjanishvili Street, II Building, II Floor

Tbilisi, GEORGIA 0102 POC Name: Kakha Sharabidze (Managing Partner) kakha.sharabidze@gmail.com Phone: +011-995-32-299-9755

Technical Certification: The information provided in this request is accurate and complete to the best of my knowledge and belief.

_______________________________ Date: ___________________ Miguel Rubio, Assistant General Counsel

CONTRACTING OFFICER’S DETERMINATION

Based on the information provided above, in accordance with FAR 13.501(a)(1), I hereby determine that the proposed source is the only source reasonably available. Further, in accordance with FAR 6.303-2(7) I hereby determine that the price of this order is fair and reasonable.

____________________________ Date: ___________________ Trenescia Cowans, CONTRACTING OFFICER mailto:kakha.sharabidze@gmail.com