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 Services. The estimated cost is $423,250. 2. Nature and/or description of the action being approved: Forego Foreign Acquisitions Regulation Part 6 - Competition Requirements. 3. A description of the supplies or services required to meet the agency's needs: In November, 2010 U.S. Embassy Moscow, on behalf of Overseas Building Operations (OBO), entered into a contractual agreement with DLA Piper, RUS, Limited of Moscow and Saint Petersburg. This firm was hired for real-estate legal service associated with the recently approved New Office Annex (NOX) construction project for U.S. Embassy Moscow, and the New Consulate Compound (NCC) for the U.S. Consulate in Saint Petersburg. At this time, GSO Procurement Section wrote a simplified acquisition Purchase Order: Number: SRS50011M0195, in lieu of the A/OPE approved contract model. This contractual vehicle has since expired, yet contractual obligations with DLA Piper remain outstanding. 4. An identification of the statutory authority permitting other than full and open competition. Circumstances permitting other than full and open competition: The following statutory authority permits contracting without providing for full and open competition. Requirements for justifications to support the use of these authorities are in FAR 6.303. Only one responsible source and no other supplies or services will satisfy agency requirements. (i) Authority - Citations: 10 U.S.C. 2304(c)(1) or 41 U.S.C. 253(c)(1). (ii) When the supplies or services required by the agency are available from only one responsible source, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. (iii) Limitations: (1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304. (2) For contracts awarded using this authority, the notices required by 5.201 shall have been published and any bids, proposals, quotations, or capability statements must have been considered. 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). DLA Piper has an established reputation with the Department of State. They have provided previous legal advice and service for U.S. Mission Russia, advising OBO with Embassy Moscow's New Embassy Compound construction project. Also, this firm is associated with several State Department Missions: Kyiv, Vienna, Dubai, and Russia. ILMS Ariba data reflects services are for real-estate legal services. 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. In accordance with the competitive bidding procedures set forth in FAR 15.101-2, in 2010, OBO and The Office of the Legal Adviser for Buildings and Acquisitions (L/BA) performed due diligence in its selection of DLA Piper to perform legal services in support of the NCC and NOX acquisition and construction projects. The U.S. Embassy in Moscow, Russia submitted background materials and bid proposals from three law firms with operations and real estate experience in Russia to OBO and L/BA. By e-mail to OBO dated November 16, 2010, L/BA selected DLA Piper as the lowest-cost, technically qualified bidder to perform the required legal services. 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 to perform due diligence. 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: DLA Piper is uniquely qualified because it has several years of familiarity and intimate working knowledge of the two acquisitions and construction projects occurring in Russia for the U.S. Government. The land acquisition in St. Petersburg is particularly complex and near completion. To discontinue working with DLA Piper and open this work for competitive bids would not be advantageous to the U.S. Government in terms of money, time or likelihood for success. 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: Proper procedures were followed in 2010 to establish competitive sourcing in association with acquiring real-estate legal services.
