03. Limited Source Justification.pdf

47QSEA-20-R-0015

General Services Administration

Memorandum to Federal Acquisition Service (FAS)

Region 2

Northeast Supply and Acquisition Center (NSAC)

Brand Name Justification IAW FAR 6.302-1(c)(1)

Justification for Other than Full and Open Competition IAW 6.303-2(b)(1)

1. Description of Action:

This justification is pursuant to the award of an Open Market Indefinite Delivery Indefinite Quantity (IDIQ) Contract to procure Hewlett Packard Toner cartridges as listed below. The manufacturers, Hewlett Packard were contacted during GSA Region 2 Acquisition Center’s Technical Services Branch ‘s market research and confirmed that the below toner cartridges are manufactured for commercial-off-the-shelf use in China and Malaysia, which are countries not designated as being compliant with the Buy American Act (A TAA Non-Availability Determination is provided in the contract file in accordance with FAR 25.103 and FAR 25.103(b)) However, since the acquisition that will result from this justification is being set aside for Service Disabled Veteran Owned Small Businesses, adherence to the provisions of the Trade Agreements Act does not apply in accordance with FAR 25.401(a)(1).The Government’s Item Purchase Description (IPD) requires that only 100% Original Equipment Manufactured (OEM) cartridges are purchased on behalf of GSA customers.

The period of performance under this Open Market IDIQ is one (1) base year plus four (4) option year period. The total estimated dollar value over the period of performance is $21,301,656.92

2. Description of Supplies:

The NSNs/part numbers that are being procured in accordance with this justification are as follows:

NSN Part Number Manufacturer

7510014981425 C4838A Hewlett Packard 7510015254313 Q2612A Hewlett Packard 7510015273524 Q5949A Hewlett Packard 7510015274826 Q3960A Hewlett Packard 7510015286287 Q1338A Hewlett Packard 7510015425294 C8767WN Hewlett Packard 7510015425295 C9363WN Hewlett Packard 7510015453645 C8543X Hewlett Packard

DocuSign Envelope ID: 19A4968E-26BD-4E6D-A34B-D1F598769344

7510015466401 Q7570A Hewlett Packard 7510015466404 Q6473A Hewlett Packard 7510015466407 Q6472A Hewlett Packard 7510015466408 Q6471A Hewlett Packard 7510015466410 Q6470A Hewlett Packard 7510015466413 Q7516A Hewlett Packard 7510015466418 Q7553A Hewlett Packard 7510015466423 Q7581A Hewlett Packard 7510015466424 Q7583A Hewlett Packard 7510015466425 Q5945A Hewlett Packard 7510015466426 Q7582A Hewlett Packard 7510015526049 C4912A Hewlett Packard 7510015526050 C4911A Hewlett Packard 7510015649904 CB338WN Hewlett Packard 7510015649905 CB336WN Hewlett Packard 7510015666203 CC640WN Hewlett Packard 7510015666204 CB335WN Hewlett Packard 7510015666205 C9387AN Hewlett Packard 7510015666207 C9385AN Hewlett Packard 7510015666212 C9361WN Hewlett Packard 7510015666216 C8766WN Hewlett Packard 7510015666217 C9362WN Hewlett Packard 7510015666221 C9364WN Hewlett Packard 7510015666228 C9351AN Hewlett Packard 7510015666231 C9352AN Hewlett Packard 7510015666235 C8727AN Hewlett Packard 7510015666237 CC643WN Hewlett Packard 7510015667288 C9388AN Hewlett Packard 7510015667290 C8765WN#140 Hewlett Packard 7510015670083 CB337WN Hewlett Packard 7510015680629 C6657AN Hewlett Packard 7510015680644 CC364A Hewlett Packard 7510015693658 C9396AN Hewlett Packard

7510015693659 C9393AN Hewlett Packard 7510015693661 C9392AN Hewlett Packard 7510015693667 C9391AN Hewlett Packard 7510015730059 CE253A Hewlett Packard 7510015730114 CE252A Hewlett Packard 7510015730115 CE251A Hewlett Packard 7510015742338 C9403A Hewlett Packard 7510015764049 CC530A Hewlett Packard 7510015764055 CC531A Hewlett Packard 7510015764058 CC532A Hewlett Packard 7510015764060 CC533A Hewlett Packard 7510015824366 CD975AN Hewlett Packard 7510015825432 CE250X Hewlett Packard 7510015904409 CE260A Hewlett Packard 7510015904422 CE261A Hewlett Packard 7510015905022 CE262A Hewlett Packard 7510015905023 CE263A Hewlett Packard 7510015944372 CE271A Hewlett Packard 7510015964260 CE278A Hewlett Packard 7510016032869 CE740A Hewlett Packard 7510016032871 CE390A Hewlett Packard 7510016032872 CE741A Hewlett Packard 7510016032874 CE742A Hewlett Packard 7510016032876 CE743A Hewlett Packard 7510016032916 CB386A Hewlett Packard 7510016032923 CE400X Hewlett Packard 7510016032925 CE270A Hewlett Packard 7510016032929 CE402AG Hewlett Packard 7510016032931 CE272A Hewlett Packard 7510016041007 C8766WN#140 Hewlett Packard 7510016041012 CR259FN#140 Hewlett Packard 7510016041016 CH562WN#140 Hewlett Packard 7510016041039 C8767WN#140 Hewlett Packard

7510016041045 CN045AN Hewlett Packard 7510016041046 CN046AN Hewlett Packard 7510016041052 C9392AN#140 Hewlett Packard 7510016041060 C9363WN#140 Hewlett Packard 7510016041063 CN048AN Hewlett Packard 7510016041066 CR314FN#140 Hewlett Packard 7510016041072 CD975AN#140 Hewlett Packard 7510016041075 C9393AN#140 Hewlett Packard 7510016041085 C6656AN#140 Hewlett Packard 7510016163267 CE341A Hewlett Packard 7510016163268 CE343A Hewlett Packard 7510016163269 CE340A Hewlett Packard 7510016163273 CE342A Hewlett Packard 7510016329630 CN627AM Hewlett Packard 7510016329632 CN628AM Hewlett Packard 7510016329640 CN626AM Hewlett Packard 7510016491223 CE410XD Hewlett Packard 7510016609721 CH563WN Hewlett Packard 7510016611214 C2P04AN Hewlett Packard 7510016696074 C2P07AN Hewlett Packard 7510016696170 C2P05AN Hewlett Packard 7510016698032 CF214A Hewlett Packard 7510016738628 CF237Y Hewlett Packard

The findings below are based on an investigation and report reviewed by the GSA Region 2 Acquisition Center's Technical Services Branch received on April 17, 2020 in addition to confirmation by Hewlett Packard on April 16, 2020. ( See Tab 39 for correspondence).

3. Statement of Urgency or Delivery Requirements.

All items will need to be delivered to government consolidation/ palletization points within 7 calendar days from date of Purchase Order and to Puerto Rico, Hawaii and Alaska within 7 calendar days from the date of the Purchase Order and occasionally overseas APO addresses.

4. Authority Cited:

In accordance with FAR 6.302-1 and 41 USC 3304(a)(1) the contracting activity is limiting competition for this acquisition to include only those contractors who are capable of providing the Original Equipment Manufactured (OEM) Hewlett Packard part number since only OEM part number will meet the Item Purchase Description (IPD) and satisfy the Government’s requirement. It has been determined by the GSA Region 2 Acquisition Center’s Technical Services Branch that the printer cartridges provided by this delivery order must be 100% OEM AND guarantee full warranty coverage of the extensive inventory of existing Hewlett Packard printer equipment, currently in use in the outlying buildings of domestic and international military installations. The Government's IPD requires only OEM part numbers for toner cartridges because vendors are unable to guarantee the performance of remanufactured or compatible.

Additionally, the Hewlett Packard Limited Warranty states: “If printer or print head failure or damage is attributable to the use of a non-HP or refilled cartridge, HP will charge its standard time and materials charges to service the printer for the particular failure or damage or for the cost to replace the print head. For HP ink cartridges and supplies and HP LaserJet supplies, this HP Limited Warranty does not apply to products that, in addition to other exclusions described in this HP Limited Warranty, have been refilled, refurbished, remanufactured, or tampered with in any way. This HP Limited Warranty pertains to HP ink cartridges, print heads, or HP LaserJet print cartridges when used in its designated HP or authorized original equipment manufacturer (OEM) printing device. HP’s limited warranty is void in the event the printer is attached to an aftermarket apparatus or system that modifies the printer’s functionality..”

OEM performance is particularly important for overseas military customers who may be working in the field, or in conditions that do not allow them access to replacement parts should remanufactured or compatible cartridge fail to perform effectively or are not completely compatible with existing Hewlett Packard equipment. Furthermore, vendors are unable to guarantee the performance of remanufactured or compatible toner cartridge and unsatisfactory performance could hinder the essential daily operations at the customer bases. To attempt to deploy another compatible cartridges could be extremely expensive and difficult to maintain, pose user and maintenance issues, and thus would not be in the best interest of the Government.

Although it has been determined that only the HP OEM versions of the above NSNs will meet the Government’s specifications in the IPD, the contracting office will take measures to seek the removal of limitations to competition prior to the exercise of any option periods as well as future procurements for these toners in accordance with FAR 6.303-2(b)(11). These measures will include market research to seek non HP brand toners that will meet the Government’s performance specifications.

5. Name of Proposed Contractor GSA will select a supplier based on a Fair and Reasonable Determination and lowest price technically acceptable evaluation. This acquisition is being competed via beta.sam.gov, to Service Disabled Veteran Owned Small Businesses (SDVOSB) vendors with the Item Purchase Description (IPD)-referenced part number, in accordance with FAR 19.405

6. Market Research to Locate Alternatives & Best Value Determination Market research has been conducted to justify this Request for Proposal (RFP) as a Brand Name (Hewlett Packard) only. Current and historical data is provided below for this justification:

Currently, there is adequate competition among commercial Service Disabled Veteran Owned Small Businesses (SDVOSB) vendors who are capable of providing the above OEM Hewlett Packard toner cartridges. An internet search of the commercial market item was conducted. A determination of fair and reasonable prices will be made upon the evaluation of quotes received by a comparison to previously paid prices and other commercial pricing.

The use of any non OEM toners would result in potential nonperformance or rejection from GSA customers. Due to the unique characteristics of the requirement it was determined to be in the best interest of the government to procure the cartridges from Hewlett Packard brand only. Competition will be solicited from all capable SDVOSB vendors.

7. Certification.

TECHNICAL AND REQUIREMENTS CERTIFICATION

In accordance with FAR citation 6.302 and based upon the above facts, it is determined that only a limited number of responsible sources, and no other type of supplies will satisfy agency requirements and therefore full and open competition need not be provided. The award of this IDIQ to a contractor who is capable of providing only the OEM Hewlett Packard part numbers is in the best interest of the Government.

The contracting officer certifies that the information provided in this justification is accurate and complete to the best of the contracting officer’s knowledge and belief. I hereby determine that the anticipated cost to the Government for this contract action represents best value in accordance with FAR 6.302-1 and 41 USC 3304(a)(1) .

Jocelyn Vazquez Contract Specialist

Daniel Trimboli Contracting Officer, GSA R2

David Kosiorek Branch Chief, GSA R2

Theresa Ramos Competition Advocate, GSA R2

Robert Woodside Acting Director, GSA R2

Carol Latterman Regional Counsel, GSA R2

Jeff Lau Regional Administrator, Head of Contracting Activity, GSA R2

7/17/2020