BMW_7_Series_JA_FBO_posting.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. The Office of Acquisition Management is conducting this acquisition for one (1) armored BMW 7 Series for the DOS Embassies on behalf of the Armor Vehicle

Division of the Bureau of Diplomatic Security (DS) (DS/C/PSP/DEAV). The estimated base unit cost and armoring will be $375,000

2. Nature and/or description of the action being approved. This will be a firm-fixed price purchase order for the procurement of one (1) fully armored BMW 7-Series/right-hand drive sedan from BMW AG of Munich, Germany.

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

The BMW 7-Series armored sedan (right hand drive)

4. An identification of the statutory authority permitting other than full and open competition. FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 and 41

U.S.C. 3304(a)(2) (the agency's need for the item is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, in this particular case, to a single source)

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. All DEAV 7-Series vehicles used by overseas posts have been provided by BMW. No other vehicle provider has the capability to provide “D” Level armoring on the BMW 7-Series to meet post needs in such a short period of time. It must be noted that this vehicle is being procured to replace the ambassador’s daily vehicle, which has been recently taken out of service. A replacement vehicle is needed in a short amount time.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. N/A

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable. The Contracting Officer has reviewed previous contracting actions for similar requirements and determined that the pricing is fair and reasonable.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted. The expedited nature of this request precluded additional market research. This is a replacement vehicle for Chief of Mission

(Tokyo), that was destroyed due to a fire on or about 19 September 2015.

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

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

N/A

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. This J&A for other than full and open competition will be published on FedBizOpps in accordance with FAR Section 6.305 within 30 days of award and the

Government will continue to check the marketplace to see if other armor vehicle manufacturers are able to offer similar solutions for future competitive opportunities.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-2(b)

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

SIGNATURE:

//Signed//

Jeff Howard Date

Division Director

DS/C/PSP/DEAV

REVIEWED BY:

Deborah J. Koplen

Branch Chief

A/LM/AQM/DSCD/SB

Date

LEGAL SUFFICIENCY REVIEW (Ref: PIB NO. 2010-24; AQM QA Plan 02 03 2011)

This J&A is hereby determined to be legally sufficient.

Dennis Gallagher

Assistant Legal Adviser

L/BA

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12)

I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Patrick Dermidoff

Contracting Officer

A/LM/AQM/DSCD/SB