JAKodak.pdf

JUSTIFICATION FOR OTHER THAN FULL &OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity U. S. Deparhnent of Labor Mine Safety and Health Administration Beckley Branch 1301 Airport Rd.

Beaver, WV 25813

Customer Agency U. S. Department of Labor Mine Safety and Health Administration National Mine Health and Safety Academy 1301 Airport Road Beaver, WV 25813

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

Justification for Other than Full and Open Competition. This action is to obtain approval to award a sole source contract to Eastman Kodak for computer hardware and software upgrades and training services for printing equipment. The equipment is located at the National Mine Health and Safety Academy, Office of the Superintendent, Printing and Training Materials Distribution Center, 1301 Airport Road in Beaver, WV, 25813.

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY'S NEEDS (Including the Estimated Value):

a. Description —The National Mine Health and Safety Academy is responsible for reducing accidents and improving health conditions in the mining industry through education and training. The Academy prints and distributes training materials for MSHA and the mining industry. The Academy purchased a Nexpress 2500 Color digital press and a Kodak Digimaster EX138 black and white press from the Eastman Kodak Company. At this time, the two machines require hardware and software upgrades for continued function.

The upgrades include KODAK Digimaster SC Upgrade with cabinetry, KODAK SmartBoard V 8.01 with training, and KODAK NexPress DFE Upgrades.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

The authority permitting acquisition of this requirement by other than full and open competition is 41 U.S.C. 1901 in accordance with FAR 13.106-1(b)(1)(i): Only one responsible source.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUSITION REQUIRES USE

OF THE AUTHORITY CITED:

Currently no other companies provide Kodak authorized maintenance services for these presses. The hardware and software components are proprietary in nature. Eastman Kodak is the manufacturer of the equipment and as such, only Kodak trained technicians are capable of servicing the equipment.

The equipment listed herein is essential for producing training materials used by the Mine Safety and Health Administration (MSHA) and the mining industry. Use of OEM parts and supplies is required to ensure that the delicate computer-based presses operate consistently without breakdowns or undue downtime due to equipment failures. The use of foreign parts and maintenance outside of Eastman Kodak would increase the risk of frequent delays and work stoppages due to the use of potentially incompatible or poor quality parts and supplies.

Any work done by non-Kodak technicians would void the warranty on the equipment.

6. A DESCRIPTION OF EFFORTS TO OBTAIN COMPETITION TO ENSURE

THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE

PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES:

The notice will be publicized —FAR 5.101(a)(1) -For proposed contract actions expected to exceed $25,000, by synopsizing in the GPE. The notice will be posted on FBO.gov.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNEMENT WILL BE FAIR AND

REASONABLE:

A determination of fair and reasonable pricing will be made by the Contracting Officer prior to award.

8. A DESCRIPTION OF MARKET RESEARCH CONDUCTED (PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED:

Market research was not conducted since other organizations cannot provide hardware, software and training required. These items are proprietary in nature to Eastman Kodak.

9. ANY OTHER SUPPORTING FACTS SUPPORTING THE USE OF OTHER THAN

FULL AND OPEN COMPETITION:

N/A.

10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

Eastman Kodak 343 State St. 2/10/KO Rochester, NY 14650

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:

To remove or overcome any barriers for limiting brand name justifications, MSHA is continuously researching and reviewing the market to identify hardware alternatives that meet the agency's requirements.

SIGNATURE BLOCKS:

The program/technical official further certifies that no conflict of interest exists in awarding a sole source contract to the contractor identified herein.

To remo~~e or overcome any barriers for limitinb brand name,jusfifieatians, MSl-IA is continuously researching and reviewing the marlcct to identify alternatives that meet the agency's regiiiraments.

12, T~CtfNfCAL C~RT1F'1CATlUN;

i certify that the supportinb data under my cog~7izance, which are included in fhe justification, are accurate and complcle ro the bcsl of my Icnowledga and belief, The program/technical official Further certifies that no conFlict of interest exists in awarding ~ sole source contract to the conU•actor identired herei .

Typed Name: Thomas Voloskl Date; (~~ ~C~/ ~ Title: Supply Management Officer, Supervisor•

National~i.ir~e-I~~Ith and Safety Academy

Sigi u e ~ f7'l2~<l _ f,~

13, CUN'fRACTING OFFICER CLRTIFICATIUN: 1 certify that this justification is accurate and complete to the best oPmy knowledge and belief

Typed Name; Debbie Worrells Date; ̂ _ ~~~~~ ___ Title; Conh•acting Officer

Signature. .___