A.02-BRAND NAME JA Xerox Copiers Final.pdf

U.S. Army Corps of Engineers Middle East District (TAM)

Xerox Multi-Function Device Lease

OTHER THAN FULL AND OPEN

COMPETITION (APPLICATION FOR BRAND

NAME DESCRIPTION)

Est Value: $475,104.00

PROGRAM/EQUIPMENT:

AUTHORITY: 10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(c)(C)(2) Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand-name, provide for full and open competition and do not require justifications and approvals to supports their use.

AMOUNT: $

PREPARED BY: Melissa L. Hunt

TITLE: CONTRACT SPECIALIST

EMAIL: melissa.hunt@usace.army.mil

CONTRACTING OFFICER: Iria V. Morrissette

TITLE: CONTRACTING OFFICER

EMAIL: Iria.v.morrissette@usace.army.mil

TECHNICAL REPRESENTATIVE: Steven S. Orndoff

TITLE: PROJECT MANAGER

EMAIL: Steven.S.Orndoff@usace.army.mil

PHONE: 540-665-3626

DATE:

PHONE: 540-667-2887

DATE:

PHONE: 540-665-3707

DATE:

REQUIREMENTS REPRESENTATIVE: Steven S. Orndoff Phone: 540-665-3707

TITLE: PROJECT MANAGER DATE:

EMAIL: Steven.S.Orndoff@usace.army.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

PROGRAM MANAGER: Steven Orndoff PHONE: 540-665-3707

SIGNATURE: DATE:

LEGAL COUNSEL: Ken Kajihiro PHONE: 540-667-2784

SIGNATURE: DATE:

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS

MIDDLE EAST DISTRICT

21 February 2025

JUSTIFICATION & APPROVAL

FOR

OTHER THAN FULL AND OPEN COMPETITION

(APPLICATION FOR BRAND NAME DESCRIPTION)

1. CONTRACTING ACTIVITY: The contracting agency responsible for this action is the TransAtlantic, Middle East District of the U.S. Army Corps of Engineers, CETAM-CT-M

2. DESCRIPTION OF ACTION: This award will be a single, Firm, Fixed-Price (FFP) delivery order. The delivery of the items shall be no later than (NLT) 30 days from Date of Award.

3. DESCRIPTION OF SUPPLIES/SERVICES: The Xerox Multifunction Devices (Copier/Printer/Faxing/Scanning) are needed at the United States Army Corps of Engineers (USACE) in Winchester, VA to replace the current use as the rental/lease has reached the end of its fourth option year. The most cost effective solution is to replace the Xerox WorkCenter C9065 and C8045s with new equipment. The replacement of the Workcenter equipment is necessary to maintain the multifunction capabilities that TAM utilizes in the building. Xerox has also provided a pool of printing (B/W and Color) to reduce our overall costs of operating the new equipment. This upgrade to the Printing Infrastructure will also provide enhanced capabilities such as secure printing, email, copying and faxing where users will be required to log into a device before ever using it and securing our environment that ACE-IT and Army is migrating to.

4. AUTHORITY CITED: Pursuant to FAR 6.302-1(c) Application for brand name descriptions circumstances permitting other than full and open competition, includes the limitation of competition to a specific brand or features offered by only one brand and states "An acquisition that uses a brand name description ...does not provide for full and open competition regardless of the number of sources solicited. It shall be justified and approved in accordance with FAR 6.303 and 6.304. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding the consideration of a product manufactured by another company."

The current Xerox Multifunction Devices (Copier/Printer/Faxing/Scanning) are at the end of the rental/lease. USACE TAM has an immediate need to replacing this equipment with new generation Multifunction Devices to The equipment replacement will ensure USACE TAM users have reliable and capable Multifunction devices connected to the TAM Infrastructure. The Brand Name Xerox Multifunction Devices TAM is requesting to rent/lease are listed on the ACE-IT Approved Products List for installation onto the CORPS network

5. REASON FOR AUTHORITY CITED: This requirement is requested to be solicited on a name brand bases for the rental/lease of Xerox Multifunction Devices.

a. This Brand Name is currently used by TAM USACE and listed on the ACE-IT APL.

b. TAM USACE has deployed Xerox Multifunction Devices at its CONUS location.

6. EFFORTS TO OBTAIN COMPETITION: In accordance with (IAW) Army FAR Supplement (AFARS) 5139.I01-90(a) and Army Regulation 25-1, the Army's CHESS program is the mandatory source for commercial IT s oftware and hardware purchases. These contracts were awarded under the Federal Acquisition Streamlining Act (FASA) and Clinger-Cohen Act, which requires prime contractors be provided a Fair Opportunity to be Considered for Delivery Order (DO) Awards. The contracts are structured as Indefinite Delivery/Indefinite Quanti ty (ID/IQ) contracts, using delivery orders for acquisition of a full range of IT equipment and are available to the Army, Department of Defense and other Federal Agencies.

The Department of the Army, CHESS ITES-3H contract vehicle has established multiple vendor contracts for hardware and software products and support. Market Research was conducted and Requests for Quotes (RFQ), sent to all ITES-3H (see Table 1 below) CHESS vendors requesting whether their company could provide the required brand name Xerox equipment requirements using their CHESS contracts.

Vendor Contract Business Type Affigent LLC W52PIJ-16-D-0005 Small Business Telos Corporation W52PIJ-16-D-0006 Large Business UNICOM Government Inc. W52PIJ-16-D-0007 Large Business International Business Machines W52PIJ-16-D-0008 Large Business Dynamic Systems Inc. W52PU-16-D-0009 Small Business Dell Federal Systems L.P. W52PIJ-16-D-0010 Large Business Zivara, Inc W52PIJ-16-D-0011 Small Business Hewlett-Packard Company W52PIJ-l 6-D-OO12 Large Business CDW-G W52PIJ-16-D-0013 Large Business Iron Bow W52P1J-16-D-0014 Small Business Wildflower International Ltd. W52PIJ-16-D-0015 Small Business World Wide Technology, Inc. W52PIJ-16-D-0016 Large Business GovConnection Inc. W52PIJ-16-D-0017 Large Business Government Acquisitions Inc. W52PIJ-16-D-0019 Small Business Intelligent Decisions. Inc. W52P1J-16-D-0020 Small Business Microtechnologies W52PIJ-16-D-0029 Small Business

Table 1-CHESS ITES-3H Vendors

Three (3) CHESS ITES-3H responses were received it was determined that the Xerox

Multifunction Devices TAM is requesting is available via the CHESS ITES-3H contract vehicle.

7. ACTIONS TO INCREASE COMPETITION: Competition between vendors of like items will be solicited pursuant with the required sources of supply as prescribed in FAR Part 8.

CONTROL NUMBER # 2 -

MARKET RESEARCH: Market research was conducted utilizing the required sources of supply. ll vendors on the Army CHESS ITES-3H Contract solicited for bids for this procurement.

INTERESTED SOURCES:

OTHER FACTS:

a. Procurement history. The requiring activity currently possesses Xerox Multifunction Devices.

b. Unusual and compelling urgency. This requirement does not meet the criteria of FAR 6.302-2 for unusual and compelling urgency.

11. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Steven S. Orndoff Title: Project Manager

12. REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Steven S. Orndoff Title: Project Manager

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable. Certified cost and pricing data is not required IAW FAR 15.403-1(b)(3), Prohibition on Obtaining Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C. 254b).

This acquisition will be procured under FAR Part 13.5 Simplified Procedures for Certain Commercial Items. To determine fair and reasonable price, later in the process upon receipt of lowing techniques as applicable: comparison of the Independent Government Estimate (IGE), internet search for like items; established catalog or market prices; historical data from previous contracts, and comparison of General Services Administration (GSA) Schedule for similar products.

CONTROL NUMBER # 2 -

Name: Iria V. Morrissette Title: Contracting Officer

14. CONTRACTING OFFICER CERTIFICATION:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: Iria V. Morrissette Title: Contracting Officer

APPROVAL AUTHORITY

Based on the foregoing justification, I hereby approve the procurement of Xerox Copiers and associated products as listed in paragraph 3 above, will support TAM on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) (1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1 Only One Responsible Source, Defense Federal Acquisition Regulation Supplement (DFARS) 206.302-1(a)(1) Only One Responsible Source, subject to the availability of funds, and provided the property herein described has otherwise been authorized for acquisition. The proposed acquisition is approved for an estimated price of $475,104.00.

Name: Iria V. Morrissette Title: Contracting Officer