PR11436615_JOFOC_signed.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (OVERSEAS

CONTRACTING ACTIVITIES)

1. I recommend that Embassy Panama City use other than full and open competition for the acquisition of CELL PHONE SERVICES. The estimated cost is $174,000 USD

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

This is a request to sole source cell phones services and devices to company GRUPO DE

COMUNICACIONES DIGITALES, S.A.

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

The supply and services required are:

• Mobile Cellular Telephone Service for 400 cell phones, within the Republic of Panama, including Data, Voice, and Messaging. This also includes software updates.

For 12 months.

• Telephone Customer Service/Training for 12 months

• 50 additional SIM Cards.

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

The statutory authority permitting other than full and open competition is: Citation: 41 U.S.C.

253 (c)(1).

“... (c) Use of noncompetitive procedures

(1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency; …”

FAR 6.302-1 (i i) (A)- Only one responsible source and no other supplies or services will satisfy agency requirements.

“... substantial duplication of cost to the Government that is not expected to be recovered through competition;”

5. 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).

INL Panama currently has a contract with Grupo de Comunicaciones Digitales, S.A.

(191NLEC0003) to provide cellphone services to 400 law enforcement users. This requirement remains to be critical and necessary to improve security by supporting host nation communication service capabilities for law enforcement efforts to counter-act human trafficking and smuggling, illicit drug activities and contraband, weapons trade, border crime activities and overall transnational crime.

Cell phone services are regulated by the Panamanian host government; and service providers are required to be registered and authorized to provide cell phone services in the country. In 2022, there were four authorized providers, however, due to mergers and acquisitions, only 2 providers remain in 2023. The host government announced a solicitation (currently in pre-qualification stage) with intention to attract additional providers during 2023-2024.

A sole source for 12 months is seen as necessary at this time, to allow time for additional companies to be authorized, in compliance with local laws and then run a competition.

Changing companies at this time would result in additional costs to transfer the current numbers being used and possible disruption of services.

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).

INL PANAMA requested a competitive action in 2022, however all offers were not considered technically acceptable, with proposal inefficiencies and excessive pricing.

A SAM.gov notice will be published as required by FAR 5.2.

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

We anticipate the cost to be fair and reasonable, as compared to market prices. The proposed price is also reasonable, as compared to current contract 191NLE22C0003.

8. 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 conducted by the INL Panama Procurement Supervisor in the month of March 2023. As explained in the prior sections, the result of this market survey is that only 2 authorized providers remain, due to local laws in place.

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

No additional facts apply to this request.

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

No additional sources have expressed interest in this acquisition.

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.

There are no additional actions INL Panama can take at this time to remove barriers to competition, as the lack of additional providers is the result of local regulations in place.

CERTIFICATIONS

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

March 29, 2023. ________________________________ Date Name Jay Thompson

Title: Deputy Director – INL Panama

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