Real-Estate Attorney Services

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

1. I recommend that Embassy Moscow use other than full and open competition for the acquisition of Real-Estate Attorney Services. The estimated cost is $466,950.00.

2. Nature and/or description of the action being approved: The Contractor will be required to act as legal liaison with the Russian Federation Government in support of the U.S. Government's New Office Annex (NOX) in Moscow and the New Consulate Complex in Saint Petersburg, Russia.

3. A description of the supplies or services required to meet the agency's needs: Legal Services are required with an Attorney that is familiar with International and Russian real estate laws, Vienna Convention laws and the local taxation systems.

4. An identification of the statutory authority permitting other than full and open competition: FAR 6.303 Only one responsible source and no other supplies or services will satisfy agency requirements.

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): This acquisition is for follow-on Indefinite Delivery Indefinite Quantity (IDIQ) contract for real estate legal service associated with the NOX construction project for the U. S. Embassy Moscow, and the new consulate complex for the American Consulate in Saint Petersburg, Russia. The original contract was competitively awarded in 2010 using full and open competition and the resulting contract was awarded to DLA Piper, RUS, Limited as the lowest priced technically acceptable offeror. It is imperative that the contractor be knowledgeable with the history of initial purchases of the land for both the NOX in Moscow and the new Consulate in Saint Petersburg. DLA Piper is acquainted with all of the historical information on these projects and has copies of all pertinent documentation thereby avoiding excessive costs to the U.S. Government to compete this requirement and any construction delays associated with awarding a contract with a new Legal Firm.

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).

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted: Recent market search of local, qualified vendors was conducted. Four firms were identified with the specific qualification of real-estate legal services. Of the four firms, DLA Piper's price structure remains competitive, and is to be considered a fair and reasonable price.

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.