SSJ_Canon_Printers_and_Scanners_(ITS-19-00001)_Redacted.pdf

SOLE SOURCE JUSTIFICATION (SSJ)

UNDER THE SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Agency: Social Security Administration

Contracting Office: Office of the Deputy Commissioner for Budget, Finance, and Management

Office of Acquisition and Grants Office of Operations Contracts Division of Operations Contracts

Contracting Officer (CO): Lindsay Hrybyk

(410) 965-3767

Program Office: Office of the Deputy Commissioner for Systems Office of Systems Operations and Hardware

Engineering Office of Hardware Engineering Division of Resource Management and Acquisition

Contracting Officer’s Technical Representative:

Project Title: Maintenance for Canon Printers and Scanners.

Proposed Contractor: Authorized resellers of Canon, Inc.

Tracking Information: Advanced Procurement Plan (APP) #: ITS-19-00001

Relevant current/previous order #: SS00-13-50217 – Mod 7 Purchase Request # 3303-19-1043

Period of Performance: 02/18/2019 to 02/17/2024

2. NATURE OF ACTION BEING APPROVED

Type of Action:

__X_ New award ____ Modification of existing award, number ______________________

Contemplated Contract Type:

__X_ Firm fixed-price ____ Time and materials/labor hour ____ Combination

We seek approval of a SSJ to obtain the following:

____ Expansion of mainframe software licensing required for compliance with our license agreement, due to agency mainframe hardware capacity increases.

Since commercial mainframe software companies commonly license software based on the capacity of the mainframe hardware on which we install software, we are responsible for expanding our mainframe software licenses commensurate to the hardware capacity each time we upgrade mainframe hardware.

__X_ Maintenance of Canon Printers and Scanners manufactured by Canon.

We will solicit a proposal and award a single firm-fixed-price award to any authorized reseller of Canon Printers and Scanners for the base year and four one-year option periods.

Procedures in FAR 13.5 are being used, in accordance with 41 U.S.C. 1901.

3. DESCRIPTION OF SUPPLIES/SERVICES AND ESTIMATED VALUE

Estimated Value:

SSA needs to renew maintenance on a quantity of 142 Canon printers and scanners (60 are located at SSA’s Wabash building and 42 are located at SSA’s Records Center in Boyers, PA). Maintenance includes preventative maintenance on all equipment twice per year at six month intervals, on-site corrective (repair) service within two business days of service call submission Monday through Friday from 8:00am to 4:30pm., excluding holidays. Also included is emergency service repairs with an 8-hour response time.

SSA’s Office of the Inspector General (OIG) uses these Canon printers and scanners to take microfilm photos, which are then submitted to court as evidence by the OIG in fraud investigations. These microfilm photos are also available to the public for a fee as required by the Freedom of Information Act.

Operation’s Division of Earnings and Business Services (DCO/OCO/OEIO/DEBS) uses these Canon Printers and Scanners to endorse and scan incoming checks for the Agency. It is imperative that this equipment be up and running at all times.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

41 U.S.C. § 1901, as implemented by the Federal Acquisition Regulation (FAR) 13.5— “Simplified Procedures for Certain Commercial Items.”

The acquisition is “commercial” in nature, as defined at FAR Section 2.101, and will be solicited using FAR Part 12, as well as the procedures outlined at FAR 13.106-

1(b)(1)(i) (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

The basis for restricting competition is that a reasonable basis exists for concluding that the agency’s minimum needs can only be satisfied by:

____ (1) Unique supplies or services available from only one source or only one supplier with unique capabilities __X_ (2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source

Please note:

____ (Name of company) is the only Open Market authorized provider of Software

Company Inc. licenses and maintenance subscription.

_X__ There are several authorized Open Market resellers of Software Company Inc.

licenses and maintenance subscriptions.

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS

Canon is the copyright holder for Canon Printers and Scanners. Only Canon has the right to issue OEM replacement parts for this hardware. Canon and its authorized resellers have legal access to the OEM parts necessary to provide hardware maintenance. Hardware maintenance includes a subscription to printer and scanner version upgrades, updates, fixes and patches, as well as telephone support for resolving issues.

Continued maintenance of these products is essential. Access to upgrades, updates, and fixes and patches ensures the Printer and Scanner software continues to be compatible with the operating system and is in good working order. Any interruption to maintenance can severely affect our service to the public.

6. EFFORTS MADE TO SOLICIT FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE

__X__ FedBizOpps Sources Sought posted from 11/7/2018 to 11/14/2018, and a copy is included in the contract file.

____ FedBizOpps Synopsis of Proposed Contract Action posted from XX/XX/XXXX to YY/YY/YYYY, and a copy is included in the contract file.

__X Responses received listed under item 10 below.

____ No responses received.

Based on the results of the posting, as well as market research described in item 8 below, we do not believe there are any entities other than authorized resellers with similar capabilities at this time.

7. DETERMINATION BY THE CO THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE PRICE

In accordance with FAR Part 15.404, the CO will perform a final price analysis in order to determine the eventual awardee’s proposed price is fair and reasonable.

8. DESCRIPTION OF MARKET RESEARCH

See Section 6 above.

These hardware products are proprietary products licensed to the agency. Market research has confirmed that Canon is the copyright holder for this hardware; therefore, the only known source capable of providing the required hardware maintenance is Canon.

Additionally, __X_ We used market research conducted within 12 months of the anticipated award date. Therefore, we consider the information still current, accurate, and relevant.

__X_ When examining whether this is a requirement for Commercial vs Non-

Commercial items, market research helped determined that this requirement involves __X_ A) Items of a type customarily available in the commercial marketplace;

____ B) Items of a type customarily available in the commercial marketplace with modifications; or ____ C) Items used exclusively for governmental purposes (i.e. not commercially available).

__x_ Market research helped determine __x_ Customary practices regarding customizing, modifying, or tailoring of items to meet customer needs and associated costs;

____ Customary practices, including warranty, buyer financing, discounts, contract type considering the nature and risk associated with the requirement, etc., under which commercial sales of the products or services are made;

____ Requirements of any laws and regulations unique to the item needed;

____ Availability of items that contain recovered materials and items that are energy efficient;

____ Distribution and support capabilities of potential suppliers, including alternative arrangements and cost estimates; and ____ Size and status of potential sources (see FAR Part 19).

____ Techniques for conducting market research include any or all of the following:

____ (i) Contacting knowledgeable individuals in government and industry regarding market capabilities to meet requirements.

____ (ii) Reviewing the results of recent market research undertaken to meet similar or identical requirements.

____ (iii) Publishing formal requests for information in appropriate technical or scientific journals or business publications.

____ (iv) Querying the government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.contractdirectory.gov/contractdirectory/ and other government and commercial databases that provide information relevant to agency acquisitions.

____ (v) Participating in interactive, on-line communication among industry, acquisition personnel, and customers.

____ (vi) Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources.

____ (vii) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line.

____ (viii) Conducting interchange meetings or holding presolicitation conferences to involve potential offerors early in the acquisition process.

____ Additional information, sources, comments

9. ANY OTHER SUPPORTING FACTS

In accordance with FAR 4.1102, 4.1201, and 9.401, upon selection of an awardee, the CO will examine the System for Award Management in order to make an affirmative determination of the contractor’s responsibility.

10. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION IN

WRITING

See attached Market Research in contract file supporting documents.

https://www.contractdirectory.gov/contractdirectory/

11. ACTIONS AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS TO

COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION IS REQUIRED

We will continue to survey the market place by synopsizing our requirement and reviewing product literature and capability statements submitted by the vendor community.

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE

(COTR) AND PROGRAM OFFICIALS’ RECOMMENDATION

AND CERTIFICATION

The COTR and other program officials hereby certify that the information provided in support of the justification for an exception to fair opportunity, and which forms the basis for this justification, is accurate and complete.

RECOMMEND: _ __ 11/14/18

Date

COTR

Information Technology Contracts Branch (ITCB) Division of Resource Management and Acquisition (DRMA)

Office of Hardware Engineering (OHE) Office of Systems Operations and Hardware Engineering (OSOHE) Office of the Deputy Commissioner for Systems (DCS)

11/14/2018

CONCUR: _ _________ _______________

Date Chief

ITCB, DRMA, OHE, OSOHE, DCS

CONCUR: __ 11/14/2018_____

Director

DRMA, OHE, OSOHE, DCS

12. CERTIFICATION BY THE CONTRACTING OFFICER AND

OTHER CONTRACTING OFFICIALS

The contracting officer and other contracting officials hereby certify that the information provided in support of this justification for an exception to fair opportunity is accurate and complete to the best of their knowledge and belief.

CONCUR: _11/20/2018______

Contracting Officer Date Division of Operations Contracts (DOC)

Office of Operations Contracts (OOC) Office of Acquisition and Grants (OAG)

APPROVED: 11/20/2018

Team Leader

DOC, OOC, OAG