JOFOC_Camp_Sullivan_DynaTowers-Urgent__Compelling_FedBizOps.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

1. I recommend that Embassy Kabul use other than full and open competition for acquiring services of lifting/relocating observation towers in Camp Sullivan, Kabul.

The estimated cost of this contract is $325,490.00.

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

The rapid modifications to Camp Sullivan became necessary to reduce the risk of loss of life in the event of an attack. ECP-1 is being upgraded to withstand attack. In addition Camp Sullivan also needs to lift two towers as well as relocate the towers for better observation of key avenues of approach to the camp to help with preventing attacks.

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

Installation of rebar, pouring concrete, some demolition of existing foundations for two towers, and raising and reassembling four towers on new foundations.

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

FAR 6.302-2 [41 U.S.C. 3304(a)(2)] - Unusual and compelling urgency

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).

DynaSystems built the DynaTowers which are on Camp Sullivan and has the sole expertise and material to properly build and install the new foundations and raise and re-assemble the towers. Furthermore, in order for the DynaTowers to be re-certified and covered under warranty of damage in the event of an attack and explosions, the towers need to be raised and moved by the company which designs and installs the towers, DynaSystems. The contractor has technical expertise, approved design, and supplies the correct foundations for this work.

American Consulate General Regional Procurement Support Office (RPSO) Giessener Strasse 30 60345 Frankfurt Germany

The expedited finishing of the ECP-1 project is critical to meeting mission requirements for Diplomatic Security and U.S. Embassy Kabul, to reduce the risk of loss of life in the event of an attack. Lifting and relocating these towers will significantly aid in the reduction of future attacks being successful.

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).

None offered due to the exigent circumstances as described in the narratives of this

JOFOC.

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

Government will be fair and reasonable.

A cost estimate was developed using previous contracts over a 4 year period for projects supporting Diplomatic Security’s minor construction activities. A market survey was conducted by inquiring about the cost of the additional materials and labor.

Cost projected by the vendor was lower than the IGCE.

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

Market survey was conducted to determine whether the price quoted is fair and reasonable.

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

None

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.

None apply. This J&A shall be posted at FedBizOpps within 30 days of award for Unusual and compelling urgency.