Emergency In-Transit Lodging

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN COMPETITION 1. The Office of Acquisitions Management (AQM) is conducting this procurement for Containerized Living Unit (CLU) modules and the associated installation services on behalf of the U.S. Embassy Djibouti and the Office of Emergencies within the Diplomatic and Consular Service (M/EDCS). The estimated cost of this acquisition is $650,000.00. 2. Nature and/or description of the action being approved. This justification describes the need for AQM to negotiate and award a contract on a sole source basis to Prime Projects International (PPI). The country of Yemen is experiencing a civil war. Houthi and Saleh loyalists have overthrown the Yemeni government and as a result, Saudi Arabia has launched airstrikes to counter the attacks and restore the former Yemeni government. Fighting continues to intensify and many U.S. civilians and their families have fled and continue to flee Yemen. The primary purpose of this requirement is to establish housing units for U.S. civilians and their families that have fled Yemen to Djibouti. This is necessary because many of these individuals do not have the financial resources to secure housing arrangements in Djibouti. The establishment of housing units with running water and electricity is critical to the individuals' health and welfare while family members go through the process of obtaining visas for entry into the United States. The procurement will be awarded as a letter contract in accordance with the requirements of FAR 16.603. A separate Determination and Finding (D&F) will be prepared for approval by the head of the contracting activity to show that no other contract is suitable given the timeframe dictated. This activity will be supported through the use of the - K Fund' which are non-appropriated, and are used to meet emergency and/or confidential requirements in the conduct of foreign affairs such as the evacuations of American citizens, U.S. Government employees and dependents. 3. A description of the supplies or services required to meet the Department's needs. The U.S. Embassy Djibouti and M/EDCS have a requirement for Prime Projects International to provide up to the following: - Eight (8), 40 foot dry CLU modules - Four (4), 20 foot dry CLU modules - Two (2), 40 foot CSU modules with grey water storage tanks - Two (2), 40 foot CTU modules with black water storage tanks PPI shall also be required to provide the delivery and installation of all modules and storage tanks. Installation will occur at the former U.S. Embassy site in Djibouti. 4. An identification of the statutory authority permitting other than full and open competition. The statutory authority permitting other than full and open competition is 41 USC 253(c)(2) and FAR 6.302-2, Unusual and compelling urgency which states in pertinent that "this authority applies in those situations where - (1) an unusual and compelling urgency precludes full and open competition, and (2) delay in award of a contract would result in serious injury, financial or other, to the Government. 5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. The contractor, PPI is currently performing similar services of size, scope and complexity in Djibouti, and has the capacity to meet the stringent time frames associated with this requirement 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The U.S. Embassy Djibouti has surveyed the companies performing in the area and was unable to locate any other firm that had the requisite skill sets and/or capacity to meet the Department's needs in the timeframe necessary. 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. The prices being submitted will be reviewed against the independent government cost estimate and to the extent possible other similar services being performed in the region. 8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted. Post has surveyed the companies performing in Djibouti and was unable to locate any other firm that had the requisite skill sets and/or capacity to meet the Department's needs. 9. Any other facts supporting the use of other than full and open competition. Given the political and security severity of the situation in Yemen, the DOS has reduced U.S. Embassy Sanaa staffing to minimal levels and suspended all consular services. As fighting continues, the situation is becoming more dire. As many U.S. civilians and their families are leaving Yemen and going to Djibouti, it is essential that the U.S. Embassy in Djibouti establish housing units for these personnel. 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.) Due to the nature of the requirement the Department does not anticipate a follow on requirement.