JA-ArmoringFEDBIZOPPS.pdf

UNITED STATES DEPARTMENT OF STATE

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

1. Identification of the Agency and the Contracting Activity.

The Regional Procurement Support Office (RPSO) in Frankfurt, Germany, is requested to conduct this acquisition of technical upgrade/vehicle armoring services in Kyiv, Ukraine. The estimated cost for this acquisition is $223,776 (including VAT).

VAT will be reimbursed to the U.S. Government using standard procedures.

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

This action is to approve armoring services for six (6) State Border Guard Service-owned VW Amaroks by B.K Engineering Systems in conformance with Ukrainian State standards. These six trucks are owned by the State Border Guard Service of Ukraine and are to upgraded/armored under a U.S. Government funded security assistance program described in the White House Security Assistance Fact Sheet dated 4 June 2014 and the Office of the Vice President’s Crisis Assistance Fact Sheet dated 22 Apr 2014.

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

The services described in the Statement of Work involve specific technical tasks to upgrade six specific VW Amaroks owned by the State Border Guard Service of Ukraine and currently stored in Kyiv, Ukraine.

Armoring Specifications of the Vehicle

The vehicles shall provide armor protection in conformance with specific DSTU

Ukrainian standards.

The subject vehicles will be retrieved from and returned to State Border Guard Service of Ukraine’s logistic depot at Svitla 6, Kyiv.

NOTE: The service provider is responsible for the warranty that is valid in Ukraine.

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

41 USC 253(c)(2), FAR 6.302-2, Unusual and compelling urgency.

After the completion of services, the resulting armored light trucks will be immediately deployed to the field to protect State Border Guard Service personnel from death or injury in conjunction with the Service’s on-going responsibilities along the border of Ukraine.

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

As a part of the U.S. Government funded security assistance program, funding is approved to provide armored vehicles to the State Border Guard Service to carry out their mission more effectively. The State Border Guard Service of Ukraine has requested that the U.S. Government up-armore six specific SBGS-owned VW Amaroks trucks to convert them to armored patrol vehicles for immediate use in the field. Up-armoring of end-user owned light trucks saves both significant time and resources.

The vendor can provide the Ministry of Interior certification proving the vehicles were properly armored to meet Ukrainian State Standards and a warranty valid in Ukraine within the specific period.

Due to the urgent and compelling need to establish security and stability on Ukraine’s eastern border, the White House/National Security Council staff approved the provision of armored vehicles to protect State Border Guard Service personnel working from death or injury.. .

The vendor, B.K Engineering Systems, is capable of immediately performing these technical upgrade services specified in the Statement of Work. The VINs of the specific end-user owned vehicles are specified in the Statement of Work.

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

N/A. This is a sole source action due to urgent and compelling requirements resulting from recent anti-terrorism events.

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.

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

The host country’s State Border Guard Service requires powerful and durable armored vehicles that can adequately protect personnel while meeting its border security mission in Ukraine. within the specified period of time. The vendor maintains the legal status in Ukraine necessary for the American Embassy to receive a VAT reimbursement for this work.

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

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. Include a statement that this J & A for other than full and open competition will be published on FedBizOpps in accordance with FAR Section 6.305 within 14 days of award (or within 30 days if the J & A is for unusual and compelling urgency.)

None in this case. The service provider can complete the tasks within a very short period for immediately delivery in support of the State Border Guard Service’s urgent operational requirements. .

CERTIFICATIONS

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