PR99572024_JOFOC_ signed.pdf

SBU - CONTRACTING AND ACQUISITIONS

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 the services of an UNARMED SECURITY AGENCY, CORPORACION CONSOLIDADA DE SEGURIDAD, S.A. The estimated cost is

102,600 USD

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

This is a request for the sole source of unarmed watch guard (2 guards) services at a fenced construction site, measuring approximately 5,432 square meters for up to 18 months.

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

This request is for unarmed security guard services (2 guards), for after-hours security at a construction site for up to 18 months. INL-Panama is assuming responsibility for site security, which a private firm currently provides.

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 41 U.S.C.

253 (c)(2), FAR 6.302-2 – Unusual and Compelling Urgency, as the Department’s minimum needs can be met only by services that are provided by only one company.

This procurement action is required by an INL Panama =vetted-unit project to provide security guard services to protect assets and equipment during a construction project for an estimated period of up to 18 months.

The area where services are to be provided is a cyclone-fenced area of 5,432 square meters. Some parts of the site are covered and with limited visibility into the site.

Construction is currently ongoing at the site, which means that the site contains a significant amount of debris, dirt, rocks and mud. The inside of the building is not safe to explore without the guidance of the construction company. There are also trailers and heavy equipment on site.

Per Panamanian law, only companies certified by the Government of Panama can provide this type of services. Because of the COVID-19 pandemic, the Republic of Panama Ministry of Health is imposing periodic quarantines that restrict movement.

The requested contractor is licensed. Additionally, the requested contractor is currently providing services at this site.

Under these unusual circumstances, full and open competition is not in the best interest of the U.S. Government, as it would add unnecessary meetings compromising the safety of potential contractors, project security goals, and social distancing (to prevent the spread of COVID-19) for the construction company, INL personnel, other U.S.

contractors, and the potential bidders. Additionally, because failure to procure these services immediately would represent a risk of loss or damage to property, other-than full and open competition is preferable.

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).

The proposed contractor, CORPORACION CONSOLIDADA DE SEGURIDAD, S.A. is a local company owned by a U.S. citizen and authorized by the Government of Panama to provide watch guard services. This firm currently provides services at this construction site.

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 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., blanket waiver provided in

DOSAR 605.202-70).

Because of current restricted mobility conditions, risks at the construction area, the sensitive nature of the project, no additional efforts can be made to solicit additional offers.

A beta.sam.gov notice was or will be publicized, 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.

The anticipated cost is considered fair and reasonable, as similar to the price offered by other local companies for similar services.

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

Because of the COVID-19 movement restrictions in place, and upon advisement that site visits by potential vendors entailed certain risks, INL-Panama did not conduct a market survey.

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

None applicable.

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

No additional sources have been contacted; nor have other sources 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.

If additional subsequent acquisitions for this service are required, we anticipate that they would only be for a few months, so we would not recommend carrying out an open competition, but rather would consider a final solesource procurement for that period of time.

CERTIFICATIONS

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

Date Name

Title

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

Jan 7, 2020