Justification for Other Than Full and Open Competition Follow-on SAM Redacted

one source. FAR 13.106-1(b) does not require that the Contrac ng Officer select only one of the listed authori es, as is the case when the Compe on in Contrac ng Act applies.] For ac ons exceeding the simplified acquisi on threshold procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901
(x) (1) Only One Responsible Source and No Other Supplies or Services Will Sa sfy Agency Requirements per FAR 6.302-1;
5. Demonstra on that the Contractor’s Unique Qualifica ons or Nature of the Acquisi on Requires the Use of the Authority Cited Above (applicability of authority): The contract ac on involves collec ng on EXIM Bank’s claim in a foreign country. It is impera ve to hire local counsel in Mexico where the claims are to be monitored/li gated with experience in: loca ng assets, especially poten al hidden assets, and embargoing and execu ng upon such assets; dra ing and nego a ng restructuring agreements appropriate for debtors of the type in this ma er; and li ga ng the collec on ma er in all levels of courts throughout the debtor’s country. It is also impera ve that the local counsel have experience handling collec on ma ers of this sort on behalf of foreign en es, and especially foreign government en es such as EXIM Bank, because such representa on o en raises issues and creates legal risks for the foreign government en ty. These risks include the risk of countersuits, referrals for criminal prosecu on, and withholding tax ques ons. Addi onally, it is impera ve to hire local counsel that is familiar with EXIM Bank’s policies and procedures so as to avoid problems with payment procedures, handling of funds, facilita on of payments, and fraud. The firm of Garza Gomez y Asociados is uniquely qualified to pursue these cases in Mexico. The Contractor has extensive experience in dealing with the complex U.S. Government administra ve requirements. The contractor is cer fied to complete this type of work under the law of Mexican jurisdic ons.
Garza Gomez y Asociados is registered in SAM. Finally, Garza Gomez y Asociados S.C. has experience in recovery ma ers in Mexico. The contractor possesses a comprehensive understanding of work under this procurement. Garza Gomez y Asociados will not require a familiariza on period or training prior to immediately commencing performance of the Performance Work Statement. Accordingly, Garza Gomez y Asociados is the only firm capable of providing the services described in Sec on 3 above without EXIM Bank experiencing duplica on of cost for familiariza on/training nor unacceptable delays in fulfilling its