SSJ - PCGA - Revised 6.3.21_Redacted.pdf

1100 New York Avenue, N.W.

Washington, D.C. 20527

(202) 336-8400

Justification and Approval for Sole Source

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. U.S. International Development Finance Corporation (DFC)

b. Sponsoring organization. Office of General Counsel (OGC)

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

a. Acquisition purpose and objectives. OGC is requesting the support of Mexican counsel to resolve an ongoing foreclosure action in which OPIC is the plaintiff.

b. Project background. OPIC commenced foreclosure proceedings with respect to project collateral in Puerto Vallarta in 2014. The matter was referred to a debt collector pursuant to separate contract; that contract is reaching the end of the term, and the matter will return to DFC to conclude the litigation.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. WBC Collegio Americano, Project Number 523-2007-311-IG

b. Project description. Continuation of litigation services from prior, closed contract in order to conclude litigation in Mexico.

Requirement type.

Research & development (R&D) R & D support services X Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

Type of action.

___ New requirement x Follow-on; Task order following a prior contract # OPIC-10-C-0028 Other (specify)

Proposed contract/order type.

__ Firm-fixed-price ____ Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ ____ Cost-plus-fixed-fee ____ Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ __x__ Time and materials ____ Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ________

____ Other (specify): _______________ Completion Form ____ Term form

Acquisition identification number. 701-21-0002

c. Total estimated dollar value and performance/delivery period. The total value of the order is up to and the period or performance is 2 years from the date of award.

d. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

Name and address of the proposed contractor(s).

Solcargo Corporativo Citi Center Insurgentes Sur 1602 Piso 11, Oficina 1102, Crédito Constructor Ciudad de México, 03940 Attn: José Covarrubias Azuela T: +52 55 50015408 jose.covarrubias@solcargo.mx

Nature of the acquisition and proposed unique qualifications of the contractor(s). The contractor has deep experience in Mexican property litigation generally, and has more than 5 years at the counsel representing OPIC on this particular action.

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

FAR Part 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

5. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. A FedBizOpps notice is not required per FAR Part 16.505(b)(2)(ii)(D)(1) because the proposed task order does not exceed the Simplified Acquisition Threshold.

6. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. The contract will be issued as a sole source, which is a logical follow-on to contract OPIC-10-C-0028.

The anticipated award will be evaluated for price fairness and reasonable for the task at hand in comparison to the Government estimate.

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted. The contractor’s work on the project will be entirely consistent with the scope of work and a continuation of the work conducted under contract # OPIC-10-C-0028.

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

The litigation contract is not only outside the United States, but is in effect a modification to a prior contract for the same litigation matter. Because the matter was transferred to a debt collector for a period of time, the previous contract was permitted to expire by its terms. The matter is now returning from the debt collector to DFC’s responsibility, and this is in effect a continuation of the prior litigation services contract.

Additionally, due to covid in 2020, the court proceedings in Mexico ceased. The courts in Mexico have now opened and are holding proceedings on backlogged cases in an expedited manner. Therefore, this falls under 6.302-2, Unusual and Compelling Urgency.

9. Listing of sources, if any, that expressed, in writing, an interest in the acquisition. Not applicable

10. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services. Not Applicable.

Program Office Certification

This is to certify that the portions of this justification that have been developed by the undersigned office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Alice Burke

Associate General Counsel Requesting Official

Contracting Officer Certification. This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Mit Pancholi Contracting Officer