1.17c_Approved_Sole_Source_Justification.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION SAT

1. Identification of Agency and Contracting Activity

NAVSUP FLCJ

2. Nature and/or Description of the Action Being Approved

3. Description of Supplies/Services to Meet the Agency's Needs Including Estimated Value

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to Intelligent Mail Locker Maintenance at NAVSUP Field Office Mailrooms, multiple locations as defined in this Performance Work Statement (PWS) except for those items specif Government furnished equipment and services. The Contractor shall perform to the standards in this contract.

Period of Performance: 16 September 2022 - 15 September 2023. Including four (4), 12-Month, Option Periods.

Estimated Dollar Value:

FY/Option/Ordering Period OM&N OPN RDT&E

0.00 0.00 0.00

Subtotals 0.00 0.00 0.00

Total 0.00

4. Statutory Authority Permitting Other Than Full and Open Competition

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilizatio

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

J&A #:

Is the requested material or service represents the minimum requirements of the Government Estimated Dollar?

Additional Information Regarding Statutory Authority if Applicable

Procurement Request/Solicitation/Purchase Order Number:

Control Number:

I. Background

II. DESCRIPTION OF ITEM OR SERVICE

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, the estimated cost/price, and the required d date/period of performance

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to Intelligent Mail Locker Maintenance at NAVSUP Field Office Mailrooms, multiple locations as defined in this Performance Work Statement (PWS) except for those items specif Government furnished equipment and services. The Contractor shall perform to the standards in this contract.

Period of Performance: 16 September 2022 - 15 September 2023. Including four (4), 12-Month, Option Periods.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING:

A. ONLY ONE RESPONSIBLE SOURCE Yes

1. Restrictive Rights Yes The source has established proprietary rights, limited rights in data, patent rights, copyright processes in the item or service required.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy t need.

The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required. Pitney Bowes Intelligent lo with a Pitney Bowes cloud service that was acquired by the Department of the Navy. Mr. John Jones, Senior Manager, Enterprise Government Systems, stated in an email d 2022 that the intelligent lockers are manufactured by Pitney Bowes and proprietary. There is no other source for the lockers or maintenance on them other than from Pitne

The Government has a total investment valued at $7,202,002.64 for intelligent locker systems. Pitney Bowes is the sole proprietor of the Send Pro 360 System and its modu No other vendor software or equipment can interface with the Pitney Bowes proprietary Send Pro 360. Consideration of another vendor or system would require a comple current functioning systems and re-installation of a new system. This would lead to substantial duplication of cost to the Government that is not expected to be recovered competition.

Pitney Bowes is the sole provider of their equipment, maintenance/calibration, and training. All equipment and materials are patented/copyrighted and are only distributed Bowes. Pitney Bowes is the only entity that can execute this work as a number of key proprietary elements, the specific content and strategies, are not available from other Bowes is the equipment, training, and calibration designer and, as such, has full proprietary rights and they are not releasing it to any vendor.

9/12/24, 8:23 AM NAVSUP Procurement Tracker Tool https://my.navsup.navy.mil/apps/ops$protrack.request?p_request_id=33284 1/3 g g y g y g y An award to any other source would jeopardize compatibility with existing equipment and/or would result in substantial duplication of cost or additional cost to the Gover expected to be recovered through competition, in addition to unacceptable delays in meeting the Government requirements. These are “direct replacements” parts/compo existing equipment. Similar products lack features that are necessary to meet the Government's minimum needs or other contractors are not qualified to perform necessar

The Pitney Bowes Intelligent Lockers are a peripheral component of the Pitney Bowes Send Pro 360 Tracking operation and not available from any other source or dealer/s other than from Pitney Bowes direct.

2. Exclusive Licensing Agreements No The item or service is only available from the Original Equipment Manufacturer (OEM), or th authorized distributor or technical representative for the OEM.

3. Other Reasons No Provide details on mission impact if requirement is not solicited from only one source

B. BRAND NAME No

Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product ma another company. Describe how the particular brand name, product, or feature is essential to the Government's requirements and why a "brand name or equal" purc cannot be used (see FAR 11.104). Describe how market research indicates other companies' similar products or products lacking the particular feature do not meet, o modified to meet, the agency's needs

C. UNUSUAL AND COMPELLING URGENCY No

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the num from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine process result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the follo

Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essent Government's requirements and why a "brand name or equal" purchase description cannot be used (see FAR 11.1014). Describe how market research indicates other similar products and products lacking the particular feature do not meet, or cannot be modified to meet, the agency's need.

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance: 09/09/2024 to 09/08/2025

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, an circumstances or conditions that exist which validate the requirement as "urgent," estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information:

CERTIFICATIONS/APPROVALS:

TECHNICAL CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Exception to Fair Opportunity and its supporting acquisition planning documents noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance

PINCHART.DALE.JOSEPH.1099431934Dale Pinchart (717) 385-0389 09/09/2024

I certify that the facts and representations under my cognizance which are included in this Exception to Fair Opportunity and its supporting acquisition planning documents noted herein, are complete and accurate to the best of my knowledge and belief.

Requirements Cognizance

CONTRACTING OFFICER CERTIFICATION

I certify that this Exception to Fair Opportunity is accurate and complete to the best of my knowledge and belief. The Contracting Officer\\\\'s signature below represents ap document.

Contracting Officer's Signature

TOLBERT.JOSEPH.DAN.1104353076 Joseph Tolbert (904) 373-8084 09/12/2024

LEVEL ABOVE CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief. The Level Above the Contracting Officers signature below represents approv document.

Level Above the Contracting Officer

9/12/24, 8:23 AM NAVSUP Procurement Tracker Tool https://my.navsup.navy.mil/apps/ops$protrack.request?p_request_id=33284 2/3 timothy.merkerson Highlight timothy.merkerson Highlight timothy.merkerson Highlight timothy.merkerson Highlight timothy.merkerson Highlight timothy.merkerson Highlight timothy.merkerson Highlight timothy.merkerson Highlight timothy.merkerson Highlight timothy.merkerson Highlight timothy.merkerson Highlight

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Legal Sufficiency Review

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

Contracting Activity Approval

HEAD OF CONTRACTING ACTIVITY APPROVAL

Upon the basis of the above justification, I hereby approve, as Head of Contracting Activity, the solicitation of the proposed procurement described herein using other than competition, pursuant to the authority of (Placeholder for US code citation)

HCA Approval

9/12/24, 8:23 AM NAVSUP Procurement Tracker Tool https://my.navsup.navy.mil/apps/ops$protrack.request?p_request_id=33284 3/3