SOLICITATION NOTICE
R -- Provision of legal services for the purchase of Rosslyn Ridge, Nairobi Kenya
- Notice Date
- 1/20/2010
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 541199
— All Other Legal Services
- Contracting Office
- U.S. Department of State, African Posts, American Embassy Nairobi, Kenya, Moi/Haille Selasse Ave., Nairobi, Kenya, Washington, District of Columbia, 20520
- ZIP Code
- 20520
- Solicitation Number
- SKE500-10-C-0003
- Point of Contact
- Emmanuel O. Omenda, Phone: 254203636076, Emmanuel O. Omenda, Phone: 254203636076
- E-Mail Address
-
omendaeo@state.gov, omendaeo@state.gov
(omendaeo@state.gov, omendaeo@state.gov)
- Small Business Set-Aside
- N/A
- Award Number
- SKE500-10-C-0003
- Award Date
- 9/11/2009
- Description
- JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (OVERSEAS CONTRACTING ACTIVITIES) 1)I recommend that Embassy Nairobi use other than full and open competition for the acquisition of legal services for the purchase of Rosslyn Ridge. The estimated cost is ¬$120,000.00 2)Nature and/or description of the action being approved. We required a contractor to provide legal services to PURCHASE a 60 unit residential compound in Nairobi, Kenya known as Rosslyn Ridge. The vendor had to close within 60 days as outlined IN THE CONTRACT with the owner of the compound and the USG. •Prepare a Memorandum on the local real estate practices and laws. •Summarize the costs that are customarily paid by each of the parties. ~. •Review the draft Conditional Purchase Agreement. •Incorporate the terms negotiated by Embassy in the CPA. •Apply for host country approval/waivers of stamp duties. •Submit Pre-Purchase Certification (title search). •Perform the final title search of the property to be acquired. •Review boundary survey and A&E inspection reports. •Prepare and register all documents required for the formal transfer. •Prepare and submit Post-Purchase Certification. • Participate in related meetings and negotiations, as needed. Note - the above steps were to be completed in less than two months. 3)A description of the supplies or services required to meet the agency's needs. As stated #2. 4)An identification of the statutory authority permitting other than full and open competition. 41 U.S.C. 253(2)(1), 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). The named company Hamilton Harrison & Mathews have provided the same services required by the Government before and have been called upon on emergency cases and have proved efficiency and capable. Specifically, after the bombing attack on the Embassy building a temporary location was identified to use until the move to a permanent location. Again, given the time sensitivity, this firm was the only one that was able to negotiate with the party to get the IOB. This was a special negotiation as the legal firm was able to negotiate to sell it back to the owner once a new location identified. Purchasing the NEC in the middle of a residential area required special tasking to make it happen. USG was able to make this happen with the legal assistance of HH&M. OBO is familiar with these work and wanted the same to be involved for RR purchase. This is the first time OBO made such a purchase of a large residential compound. 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). FedBizOpps notice will be publicized as required by FAR 5.2 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. We consulted the price with the local market value including the AID lawyer who agreed that this was a fair price. The initial price was $250,000 but was negotiated to a final price of$120,000. While legal rates are set by the Kenyan law, we were able to use a specific formula to determine the exact figure of 120,000. As the value transaction increases the incremental amount should decrease; the total value of 24.5 million USD. According to the Kenya Subsidiary Legislation 2009/Advocate Act, the fees indicated for transactions of less than 500 million Kenyan shillings is 1 % of the value of transaction in our case 1 % of 500 million Kenyan shillings comes to $67,114.10. The issue the GSO had to deal with was first at what rate the lawyer will be paid for the transaction value above the 500million Kshs i.e. 1.325 billion Kshs. Second the value associated with special circumstance of the buyer, USG diplomatic mission in areas such as tax exemption, avoidance of having to open an escrow account, in general accomplishing the transaction in less that two months in an extremely corrupt and bureaucratic system where such transactions take months if not a year to accomplish. The value attached to service by the lawyer is was his bill for $250,000. Final agreement was reached at $120,479.87 which represents the 1 % fee for the first 500 million Kshs and 3%transaction value between 500 million Kshs and 1.325 billion (24.5USD) 8)A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted. Legal rates are set on real estate transactions in Kenya by Kenyan law. Post did not have time to conduct a market survey due to the time line of the closing on the property. Since rates are set by Kenyan law, a market survey would have concluded the same results. In addition, most legal firms demand advance payment before services are provided. Current firm agreed to proved services required without advance payment and were at the time, the best technically qualified, reputable and proven firm available to close such a large real estate transaction in such a short period of time that was required by the contract 9)Any other facts supporting the use of other than full and open competition. OBO in Washington asked to use this firm and this firm only. This is based on their past experience on buying and selling a new office building and buying the current NEC. 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. The vendor was chosen by OBO based. This was the only firm that could complete the purchase by the timeline set by OBO (before fiscal year end). Nairobi is a critical crime post and one of the recommended goals is to get scattered houses in a compound. CERTIFICATIONS I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition. Date GSO Assistance Requirements Office I certify that this submission is accurate and that it contains c enable other officials to make an informed recommendation for approval or disapproval -. Date Contracting Officer  
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/State/AF/Kenya/SKE500-10-C-0003/listing.html)
- Place of Performance
- Address: Department of State, African Posts, American Embassy Nairobi, Kenya, U.N. Avenue Gigiri, Nairobi, Non-U.S., 00621, Kenya
- Record
- SN02046050-W 20100122/100120235739-269aa6957a46836bde0f598796f774e4 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |