JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN COMPETITION SGE500-12-C-0032 1. The Office of Acquisition Management, Regional Procurement Support Office Frankfurt, (A/LM/AQM/RPSO-F) is conducting this acquisition for the supply and installation of Wind and Solar Hybrid Power Systems at the border crossing stations in Kizil-Art and Kulma, Tajikistan. The requesting agency is the INL Office at the US Embassy Dushanbe, Tajikistan. Upon completion of this project, the Border Crossing Stations will be turned over to, and operated, by the Tajikistan Government Border Control Section. The estimated cost to finish this project is $187,500.00. 2. Nature and/or description of the action being approved. This is a new contract requirement for the Department of State. In August 2009, the Asian Development Bank (ADB) in Dushanbe was provided funding by the US Government to have two Border Crossing Stations constructed within the country of Tajikistan. One Border Crossing Station was to be built on the border of Tajikistan and China in the region of Kulma and the other station was to be built on the border of Tajikistan and Kyrgyzstan, in the region of Kizil-Art. The requirement is to have this project completed with a Department of State contract. 3. A description of the supplies or services required to meet the Department's needs. Completion of the supply and installation of the Wind and Solar Hybrid Power Systems for these two facilities. 4. An identification of the statutory authority permitting other than full and open FAR 6.302-2, Unusual and compelling urgency. 5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. It is recommended that LLC Engineers and Technology be issued a contract to complete this project. The completion of the equipment supply and installation project has been delayed a year due to inclement weather and technical problems. The building season at those high elevations (above 4,200 m) only lasts a few months in the summer. The original contract between this company and the ADB Bank was cancelled before completion, due to the previously mentioned delays. The ADB Bank is returning the unused portion of the funding to the US Government to fund the completion of this project. LLC Engineers and Technology has an experienced workforce at hand; they have the plan to finish equipping these structures, and they know what remains to be done to finish the project. All of these are time saving and cost saving factors. The company is willing to finish the project at the original awarded contract price and would cost the government no additional funds and complete the project this year. To complete a new solicitation process would require at least five months. It would require a completely new Statement of Work to describe the current status of the project, allow for proposal submission and evaluation and contract award. This would extend the project timeline past the viable working months. Under these circumstances, the remaining work would not be completed until 2013. This would impact / void the warranty on all previously supplied equipment, even before the building becomes occupied. The standard equipment supply and installation contract carries a one year warranty period. A newly assigned contractor will not assume warranty responsibility for equipment supplied, and work previously performed by another company. This contractor has had their contract closed prematurely by the ADB bank. This contractor has announced that they would complete the remainder of the contract requirements at the original contract price and warranty terms; no additional costs in this respect. The power equipment supply and installation in these two Border Crossing stations is a high-interest item between the U.S. Government and the Tajik Government. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. N/A 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. The bank fulfilled the requirement for advertising the projects on a national level; and compared technical evaluations and pricing of an adequate number of proposals for this project. In August 2009, the Asian Development Bank advertised the project solicitation in newspapers throughout Tajikistan. The bank has procurement processes and requirements that they must follow; similar to our own Federal Acquisition Regulations. Four proposals were received and evaluated for the original supply and installation of Wind and Solar Hybrid Power Systems at these two facilities; LLC Engineers and Technology was the winning contractor. 8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted. N/A 9. Any other facts supporting the use of other than full and open competition. LLC Engineers and Technology is available, willing, and capable of performing the required work at price, terms, and conditions not achievable by re-soliciting under full and open competition. 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 6.302-2 within 30 days of award.
