JOFOC_Airmech HVAC Controllers_Quote T106_02-May-2024 (1).pdf

SBU - CONTRACTING AND ACQUISITIONS

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

(OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that Embassy Muscat use other than full and open competition for the acquisition and installation of Air Handler Unit (AHU) controllers. The estimated cost is $36,000.

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

An acquisition of supplies needed to repair Embassy Muscat's AHUs.

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

Controllers and appurtenant modules must be acquired to replace existing obsolete or non-functioning AHU controllers.

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

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

Citations: 10 U.S.C.2304(c)(1) or 41 U.S.C.3304(a)(1).

Applies when there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by unique supplies or services available from only one source or only one supplier with unique capabilities.

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).

Airmech Oman LLC is the only authorized distributor of Trane parts in Oman. The Embassy's AHUs and their controllers are all manufactured by Trane and must use Trane parts to function.

Also, only authorized Trane distributors have staff that are competent to install controllers or perform in depth maintenance and repairs on Trane AHUs.

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 Beta.SAM 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 2018-02).

The requesting office has researched the possibility of using other vendors but given the technical constraints involved, this is not feasible.

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

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable by comparing the cost of the replacement parts to costs of parts online.

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 looking at other, similar, generic parts online and comparing costs.

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

Properly selecting and changing out the controller on an AHU is intricate and difficult. Only authorized dealers should be used for this work so that if issues come up, the Embassy is confident that the vendor will return to fix it properly.

Our AHUs pressurize the Embassy and ensure that inside air pressure is greater than the outside. They condition the air in our atrium and many offices, pulling in fresh air from the outside and cleaning it through several filters. Without functioning AHUs the Embassy would become uninhabitable.

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

None.

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.

In this case, there are no realistic actions that can be taken.

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.

02-May-2024 ________________________________ Date Andrei Negoita

Facility Manager

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