JUSTIFICATION_FOR_OTHER_THAN_FULL_AND_OPEN_COMPETITION.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements [41 U.S.C. 253(c)(1)]

National Archives and Records Administration 8601 Adelphi Road College Park, MD 20740-6001

Maintenance and Support for Spirit 4K Scanner and Phantom Workstation

Technical Requirements Certification:

I hereby certify that this justification for other than full and open competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify this request is not the result of a desire to expend funds while those funds are still available.

Contracting Officer’s Representative

Contracting Officer Concurrence:

I have reviewed this justification and conclude it meets all FAR requirements.

Contracting Officer

General Counsel Concurrence:

I have reviewed this justification and consider it legally sufficient.

Legal Counsel

Competition Advocate Approval:

In accordance with FAR 6.302-1 and 6.304 as well as NARA 501, I hereby approve this justification for other than full and open competition.

_____ /S/___________________ ___________________ Donna Forbes Date Competition Advocate

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION”

See Pages 1.

I. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

NARA seeks to make a sole source purchase for maintenance and support of the Spirit 4K Scanner and Bones Workshop and software system manufactured by Digital Film Technology.

The original equipment was purchased in FY 2007 from Communications Engineering, Inc., NAMA-07-M-0093. On April 6, 2013, NARA into a contract with Digital Film Technology for maintenance and support of the Spirit and Bones workstation, consisting of a base year and four option years.

The Digital Film Technology Spirit 4K Scanner requires annual maintenance and support. The Digital Film Technology capture station, Bones, requires software upgrades from the version we are currently using (from the time the equipment was installed in FY 2007). The Spirit 4K Scanner is a highly sensitive machine requiring precise calibration. The Spirit 4K captures the content of the film as DPX files and this information is relayed to Bones, which ingests the files and packages the files for further processing later in the workflow. The current hardware support and service warranty and software support and upgrade warranty will expire on April 5, 2018 and a new period of performance for support is required to ensure proper operation of the equipment.

Digital Film Technology is the sole manufacturer and sole distributor of the Spirit 4K Scanner and Bones workstation and software system. No other companies can provide the support or service for this product. By renewing the maintenance and support, NARA will be provided with 24-hour / 7 days per week phone support, stable support costs, software support and upgrades, and five years of maintenance to ensure proper operation of the system.

The requirement includes a maintenance and support agreement for the Spirit 4K Scanner and Bones workstation and software for five years (base period plus four option years) including up to three (3) annual site visits (the equipment is more than 10 years old). The equipment is located at the National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740 in the Motion Picture Preservation Laboratory.

III. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE)

The estimated cost for the maintenance and support agreement for the Spirit 4K Scanner and Bones workstation and software system for the base year, option year II and option year IV (includes one (1) day on-site maintenance travel costs).

1. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION.

41 U.S.C. 253(c) (1) –“Only One Responsible Source” as implemented by FAR 6.302-1.

V. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED

This acquisition meets the authority of FAR 6.302-1 which states that this authority may be used “when the supplies or services required by the agency are available from only one responsible source, …or from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provide for.” See paragraph II above.

1. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS 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 Spirit 4K and Phantom system were purchased in FY 2007 via Communications Engineering, Inc as part of a complete film digitization package that included equipment from multiple vendors. A basic one-year warranty was put in place from the time of installation (July 2009). Digital Film Technology is the sole manufacturer of the Spirit 4K and Phantom. Digital Film Technology releases regular software upgrades to Phantom that NARA needs in order to ingest large files created by the Spirit 4K scanner. Digital Film Technology is the only manufacturer of the Spirit 4K scanner and, therefore, the only company that can provide support and maintenance for it.

Market research was conducted via web-search. Three companies, namely Northlight, GoldenEye, Blackmagic, and Lasergraphics have similar scanners that ingest software but they are not compatible with the system we already have in place, nor do all of the scanners provide the archival film handling that NARA requires. In addition, purchasing a new system would not be cost effective to the government. There are no authorized dealers which can provide the required support; this has been confirmed by Digital Film Technology.

VII. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Pricing is less than, or consistent with, manufacturers of similar (but different) products.

1. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

Market research conducted via web-search and by verifying with DFT that Digital Film Technology is the only manufacturer of the Spirit 4K and Phantom and only company allowed to provide support and maintenance.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION. SEE FAR 6.303-2(a)(9)

None.

X. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION

None.

XI. 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 agency will remain abreast of changes in the availability of upgrades and support for this equipment; for example, availability via authorized re-sellers and distributors, as well as offerings via GSA schedule.

XII. CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF

See Page 1.