JOFOC_Modern_Car.doc

Reference DOSAR 606.303-2

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION, PRICE JUSTIFICATION (JOFOC)

ACQUISITION OF VEHICLE RENTALS IN SUPPORT OF SENIOR HIGH LEVEL USG VIP VISIT

1. I recommend that the Department of State use other than full and open competition for the rental of vehicles for this VIP visit. The estimated cost is € 726,853.60 ($ 1,009,518.88)

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

Senior High Level USG Principal traveling with a delegation inclusive of support elements in: Security, Communications, Logistics and Operations.

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

Modern Car Firmin Lecharlierlaan 85

1090 Jette Belgium.

Estimated 141 Rental Vehicles from 5/20/2014 – 6/7/2014.

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

[ X ] 41 U.S.C. 253 (c) (2), FAR 6.302-2; Unusual and Compelling Urgency; (Based on the available time and urgency of the requirement as detailed below) Security concerns prohibit sufficient advanced notification of VIP travel to allow for sufficient time to conduct full and open competition. The Department of State can only communicate with the staff at Posts abroad when authorization is given due to security concerns. They have an extremely short turnaround time when authorization has been granted for negotiations to commence and site selections to be finalized with both the local vendors and Posts before the actual Senior High Level USG VIP visit occurs.

Unique requirements for communications support are under severe time limitations and always a determining factor in the selection process as its capacity to be augmented to the unique requirements necessary to support certain Senior High Level USG Principals.

Many of the arrangements for transportation are often not confirmed until just before the actual visit. In addition to supporting a large delegation within a short time frame, last minute and frequent changes of itineraries for supporting personnel often result in significant changes in how Posts work with the vendors. With the exception of a few trips, contracts are not permitted to be signed until the Department of State (Post) has written confirmation from all supporting agencies, which enables collection of funds from said agencies in the event of cancellation. This results in an unusual and compelling urgency in accordance with 41 U.S.C. 253 (c) (2), FAR 6.302-2.

These unique Senior High Level USG VIP travel requirements result in only a single or a very limited number of responsible sources with no other supplies or services capable of satisfying agency requirement in accordance with 41 U.S.C. 253 (c ) (2), Far 6.302-2.

The other vehicle rental companies that will be contacted are as follows:

Direct Way

Budasteenweg 42

1830 Machelen Executive Limousine Services

Vliegveld 122

1820 Melsbroek

Antwerp Limousine Service

Sint Katelijnevest 54

2000 Antwerp

Belgium

Atlantis Limousine Av. Pasteur 6

1300 Wavre

Belgium

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Security and logistics are the Department of State’s primary considerations when procuring rental vehicles. The Department of State must be able to provide a safe and secure environment for VIP visitors. Frequently VIP visits are not announced or confirmed in sufficient time to conduct a competition, creating an urgent and compelling need. At other times, the security requirements and/or requirements of the host country government limit the acquisition to one or a small number of predetermined vehicles.

The VIP visit information was not available in sufficient time thereby creating an urgent and compelling need.

The host country government requires the use of this/these rental vehicle company.

[ X ] The proposed contractor has the following unique qualifications which meet the Department of State’s security and logistical requirements.

[ X ] Size and number of rental vehicles (able to provide the requested number of vehicles)

[ X ] Communications (drivers are able to communicate with the dispatcher via cell phone)

[ X ] Accommodating to security needs

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

Due to urgency and exception in FAR 25.401(a)(5) this solicitation cannot be posted but the JOFOC will be published in FedBizOpps.

The following other vehicle rental companies were reviewed but were not adequate because of the following:

· Direct Way: This contractor can deliver most of the requested types of vehicles but only in limited numbers.

· Executive Limousine Organization: This contractor has a limited number of the requested types of vehicles. In addition the contractor cannot provide 50 pax buses.

· Antwerp Limousine Service: This Antwerp-based rental company has a fleet of mostly sedans and 6 to 7 pax vans but does not have larger capacity (16) vans or 50 pax buses). Since the company is located in Antwerp its drivers are not very familiar with the Brussels area.

· Atlantis Limousine: The contractor’s fleet is limited to sedans and 5 to 8 pax vans.

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

When all factors during the season were reviewed including quantity of vehicles, mileage maximums (with additional charges) and overtime were compared to other companies, rates were similar to prices received from other vendors. As such, the rates are the established market rates for vehicle transportation services.

8. Any other facts supporting the use of other than full and open competition. None

9. A listing of sources, if any, that expressed, in writing, an interest in the acquisition. None

10. 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. None

CERTIFICATIONS

I certify that the information in this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition to the best of my knowledge and belief.

_May 20, 2014

_// Carolee A. Cooper for Michael Dobbs//____ Date:

Carolee Cooper I certify that this justification is accurate and complete to the best of my knowledge and belief. Based on my assessment, I conclude that other than full and open competition is justified and the proposed price is fair and reasonable.

Christopher G. Pixley

Contracting Officer

As the Competition Advocate at post, I approve this justification:

Denver J. Herren

Management Officer

THIS DOCUMENT DOES NOT GET POSTED ON FEDBIZOPPS

THIS IS FOR INTERNAL FAR COMPLIANCE ONLY

DETERMINATION OF FAIR AND REASONABLE PRICING

Contracting Officers must determine that the proposed prices for vehicles with drivers and transportation services are fair and reasonable. A fair and reasonable price is one that a prudent and competent buyer would be willing to pay considering market conditions such as supply and demand, competition, and general economic conditions.

The prices of the rental vehicles are considered fair and reasonable based on the following price analysis.

[ X ] Comparison with Other Vehicle Rental Rates: I reviewed the rates of comparable vehicle rental companies. The vehicle rental prices are higher due to the restricted competition created by unique security needs and transportation requirements.

Direct Way: € 645 (sedan), € 695.00 (8 pax van), € 775 (16 pax van), € 815.00 (30 pax Van), € 885.00 (50 pax bus) with extra charges for usage over 90 km per day.

Executive Limousine: € 452.62 (sedan), € 449.56 (8 pax van), € 513.55 (13 to 22 pax vans) with extra charges for usage over 90 km per day.

Antwerp Limousine Service: € 541.00 (sedan), € 599.00 (8 pax van) with extra charges for usage over 90 km per day.

Atlantis Limousine: € 566.00 (sedan), 604.00 (8 pax van) with extra charges for usage over 90 km per day.

Comparison with Market Prices: I compared the present vehicle rental rates to the rates this rental company charged in the past competitive environment and found them to be reasonable.

Per Diem Comparison: The vehicle rental rates are reasonable based on comparison with the approved per diem rates for this country.

Compensation for Security Accommodations: The rental company included additional expenses for security needs. Security personnel concur that these measures are necessary and reasonable. These charges are similar to those encountered for other VIP visits.

Restricted Competition: The vehicle rental prices are higher than normal market due to the restricted competition created by unique security needs and transportation requirements.

Comparison with Government Estimate: The proposed vehicle rental rates are reasonable based on comparison and analysis of the government estimate by the office of Presidential Travel Support (A/PTS).

RESPONSIBILITY DETERMINATION

Contract Number: S-BE200-14-D-0025 Contractor Name: Modern Car In accordance with FAR 9.104-1, the contractor is determined to be responsible after consideration of the following:

(a) Financial Resources. The contractor appears to have adequate financial resources to perform the contract, or the ability to obtain them. This vendor has been a going concern in this country with adequate business.

(b) Compliance with Performance Schedule. The contractor appears to be able to meet the required performance schedule. Vehicles and drivers have been determined to be available and adequate for this event.

(c) Performance Record. The contractor has a satisfactory record of performance history. Post has used this transportation company before or is familiar with the vendor’s reputation for performance.

(d) Integrity. The contractor has a satisfactory record of integrity and business ethics. Post is unaware of any issues relating to integrity or business ethics.

(e) Organization and Skills. The contractor appears to have the necessary organization, experience, accounting and operational controls, and skills (or the ability to obtain them) to perform this contract.

(f) Equipment and Facilities. The contractor appears to have the necessary equipment and facilities necessary for this contract, or the ability to obtain them.

(g) Otherwise Qualified. The contractor is otherwise qualified and eligible to receive an award under applicable laws and regulations. The firm is not found to be on the Excluded Parties List dated May 9, 2014 and FAPIIS list dated May 9, 2014.

______________________ ______________________ __5/20/2014__ Christopher G. Pixley

Signature

Date