JA_Bodytech.docx

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: The responsible contracting activity, Regional Contracting Office (RCO) Bogota, Colombia has a requirement to purchase Gym Memberships in direct support of DAO – AOB – MIST – CMSE personnel and is submitting this Justification for Other Than Full and Open Competition.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5. The estimate value of this effort is $366,000.00 for a base and two (2) options.

E-mail: cesar.casillas2.iv@mail.mil

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager: SFC Leonardo Guillen Senior Human Resources NCO

DSN: 2949000 8879-2806

Signature: _____________________________

Special Advocate for Competition:

Control No:

Contractor: Bodytech Gym Memberships

Version –March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

1. Contracting Activity: The responsible contracting activity, Regional Contracting Office (RCO) Bogota, Colombia has a requirement to purchase Gym Memberships in direct support of DAO – AOB – MIST – CMSE and 204th personnel and is submitting this Justification for Other Than Full and Open Competition.

2. Description of Action: This requirement is intended for award to Bodytech authorized provider to support gym memberships. The gym memberships will be used for authorized personnel in different locations in Colombia and Peru. This will be a new Firm Fixed price (FFP) Contract under FAR Part 13.5 using Simplified Acquisition Procedures. Contract uses FY 2019. The estimated value of this effort $366,000.00. There are two (2) options.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

Approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B) on.

The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting approval.

3. Description of Supplies/Services:

a. This requirement is for the contractor to provide gym memberships for United States Security Cooperation Organization (SCO – Colombia), Defense Attaché Office (DAO) – AOB – MIST - CMSE military personnel in Colombia. The memberships will include all locations around Colombia and Peru.

b. The action is to issue a sole source contract to Bodytech for a maximum of 152 gym memberships. Projected period of performance is 16 November 2018 – 15 November 2019.

c. Name of Proposed Contractor: Inversiones en Deporte Recreacion y Salud S.A. / BodyTech

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

5. Reason for Authority Cited:

a. Background: BodyTech is the only fitness center within the U.S. Embassy compound. BodyTech maintains a fully equipped and fully staffed fitness center within the US Embassy grounds and has multiple locations within the geographically authorized housing neighborhoods. Additionally, there are BodyTech venues throughout the country which DoD military personnel can utilize; Cartagena, Cali, Medellin, others. BodyTech’s offer includes the use of ALL of its fitness centers throughout the continent.

Commercial alternatives are not available within the US Embassy. Keep in mind that the grounds of the US Embassy are owned & managed by the Department of State. The DOS maintains exclusive rights to guest vendors and facility use. There is absolutely no means for which the DOD can introduce a new gym on the property.

Gym/Fitness Centers are an inherent benefit to the military personnel in order to assist in maintaining fitness standards at ta convenient facility & location. This is neither a military installation nor an installation managed by the DOD. As such, the result of not having commercial support for the approximately 60 personnel at the US Embassy is that they would not have the benefit of a fitness center at government cost.

b. Alternatives: At present, there are no identified alternatives for this requirement.

6. Efforts to Obtain Competition: Market research was conducted by the requiring activity that shows outside gyms have availability but not near adjacent or in the work area. Many of the gyms are not franchised thus lack convenient availability to the DOD personnel. In past requirements for same, similar actions the Contracting Officer has communicated with another commercial facility with numerous franchises in the Bogotá area. Specifically, the RCO-Staff has received pricing information from “The Spinning Center” franchises in Bogotá. Their prices are lower but the franchises’ focus is on spinning-aerobic fitness and group classes. Their clientele is very specific and not tailored to the taste/desires of the DOD client.

9. Interested Sources: A quote from Spinning Center which is one of the largest gym in Colombia submitted the quote for a memberships.

10. Other Facts:

a. Previous Purchase Orders(s) or Contract(s): |X| Yes |_| No

Purchase order or contract number: W913FT-17-P-0080 Was action competed? |X| Yes |_| No If action was not competed, state the cited authority, summarize rationale:____________________________________________________________________________________________________________________________________

Purchase order or contract number: W913FT-17-P-0115 Was action competed? |X| Yes |_| No If action was not competed, state the cited authority, summarize rationale:____________________________________________________________________________________________________________________________________

The two (2) procurement actions above were issued for less than $5K. A quote was obtained from Spinning Center basically for price comparison purposes. Body Tech was the awardee based on the factors indicated above.

b. All BodyTech employees at the US Embassy location have been vetted through local DOS security measures. The preponderance of DOD military members utilize the US Embassy BodyTech location to maintain PT standards. There is an added benefit of having access to BodyTech franchise location in the vicinity of the leased & authorized housing pools.

c. The SCO requirement is to have ONE contract that offers fitness center services in in multiple convenient locations. The principle convenience is a fitness center at the workplace. The secondary and tertiary benefits of the BodyTech enterprise are that DOD military members can utilize fitness centers in the North part of the city and throughout the country.

d. BodyTech is the only comparable facility we found to have two locations with 24-hours access. This is a benefit to those military members with extended or non-standard working hours.

This equipment will only be used by Colombian Government agencies, exclusively at Colombian facilities. The hardware and software will NOT be tied into US Government communications infrastructure.

a. Procurement History: There is no known procurement history of a similar requirement. The RCO conducted an informal search through FBO actions of a similar nature. The research was used to compile relevant sole source criteria.

11 Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis cost analysis IGCE audit: other: The KO will compare public prices of other local gyms. Prices offered are at or lower than are publically advertised & offered to the general public.

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing justification, I hereby approve the procurement of Gym Memberships on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901, as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

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