A15 - Limited Source Justification For BPA Copiers Sole Source LB BPA signed.pdf

LIMITED SOURCE JUSTIFICATION

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1. Identification of the agency and the contracting activity, and specific identification of the document as a "Limited Source Justification."

Contracting Activity Processing the Requirement: FAC/Information Technology Support Unit

(FACI)

Name of Organization Originating the Requirement: Information Systems Division (TC)

Identification Number (purchase request/solicitation number): D-20-TC-0353

2. The nature and/or description of the action being approved.

An acquisition for a brand-name Blanket Purchase Agreement (BPA) for Xerox Copier and Multifunction Device Maintenance for existing/previously purchased equipment delivered to DEA locations within the Continental United States (CONUS), and the purchase for Xerox Copiers and Multifunction devices for the delivery to DEA locations Outside the Continental United States (OCONUS). The anticipated period of performance is a 12-month base year plus four (4) option periods from the date of award.

3. A description of the supplies or services required to meet the agency's needs and estimated value.

This is a Brand name-specific requirement for Xerox Copier purchases for OCONUS locations. This requirement will also include maintenance services for Xerox equipment purchased under existing

BPA 15DDHQ21A00000003.

Total estimated value inclusive of all options: $2.5M

Period of performance or final delivery date: 60 months from date of award.

4. Identification of the justification rationale (see 8.405-6(a) and (b)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

This requirement is in conjunction with current BPA 15DDHQ21A00000003, which is a previously competed requirement for copier/multifunction equipment delivery within CONUS under FAR part 8.405-3 as a brand-name or equal, small business set-aside. The Request-for-Quotation (RFQ) included salient characteristics of Xerox-brand equipment previously purchased by the DEA.

Multiple small business resellers from Xerox, HP, and LexMark responded to the Government’s solicitation. The Xerox-brand manufactured equipment was selected for award under that solicitation. This requirement shall include maintenance for Multifunctional Devices purchased under the previously awarded BPA, and OCONUS delivery of necessary Xerox multifunctional device equipment.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

The anticipated value of this award is $2,500,000. The price will be determined fair and reasonable pursuant to Federal Acquisition Regulation 8.405-3 prior to any subsequent award. DEA will have a continuous need for maintenance services for previously purchased equipment under BPA 15DDHQ21A00000003 and Xerox multifunctional device equipment and copiers for designated DEA- OCONUS locations. By creating a BPA, DEA can secure price reductions for maintenance support services and equipment purchases.

https://www.acquisition.gov/content/part-8-required-sources-supplies-and-services#i1117840 https://www.acquisition.gov/content/part-8-required-sources-supplies-and-services#i1117401

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6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Following a review of the mandatory sources of supply under FAR part 8.002 and 8.003, it was determined that none of the mandatory sources of supply could meet the needs of the DEA for this requirement. Pursuant to FAR part 8.004 “Use of other sources,” the DEA determined through market research that use of Federal Supply Schedules (FSS) was the most advantageous acquisition vehicle to meet the needs of the Government.

On 05/24/2020, DEA posted RFI#1431582 under MAS/333316C – Copiers and Digital Duplicating Equipment (CONUS) to determine if; a) There were capable vendors amongst the 31 FSS vendors in total (18 of which are small businesses); and b) Whether the requirement could meet the rule of two pursuant to FAR part 19. After receiving responses from five (5) vendors, the program office determined that only three (3) were found “capable” of potentially meeting the DEA’s needs for this requirement – two were large businesses (Xerox and Canon), and one was from a woman-owned small business (CTI) of which is an authorized Xerox reseller. The capability-review was signed by the TC technical representative on July 14, 2020. Further in-house market research concluded that JTF Business Systems (JTF), a small business and authorized Xerox reseller, provided the DEA with similar copier equipment support under previous BPA DJD-15-HQ-S-0015, which expired in March, 2020. Like CTI, JTF was among the 18 small businesses under

MAS/333316C.

However, the requirement noted in the referenced RFI also included delivery to locations OCONUS, and maintenance services. GSA’s FSS’ has two MAS categories for Copiers and Digital Duplicating Equipment – 333316C (CONUS) and 333316OS (OCONUS). The latter includes only two FSS vendors whom are large businesses – Xerox and LexMark.

In coordination with the Office of Acquisition and Relocation Management’s Acquisition Policy Unit (FAPP) and the Small Business Administration (SBA), it was determined to maximize small business participation, this requirement would need to be separated into two requirements – a supply BPA for the delivery of copier/multi-function devices to the DEA’s CONUS locations, and a supply/maintenance BPA for the delivery of copier/multi-function devices to the DEA’s OCONUS locations, and maintenance support for equipment purchased under the CONUS requirement. The DOJ Small Business Review Form requesting a small business set-aside for the initial BPA requirement was signed Contracting Officer and approved by the FAPP’s Small Business Specialist on September 9, 2020.

As noted previously in Section 4 above, DEA awarded a competitive small-business set-aside BPA for Copiers/Multifunctional Devices under BPA 15DDHQ21A00000003 for equipment within DEA’s CONUS locations. The BPA was awarded to JTF, an authorized Xerox reseller, on December 22, 2020. The award was not protested.

In conjunction with that requirement, DEA will have a recurring need for Xerox equipment maintenance, and OCONUS delivery of equipment to designated DEA locations. Under SIN 333316OS (Overseas Copiers and Supplies) in GSA's e-buy solicitation portal, there are only two vendors for international delivery of equipment – Xerox and LexMark. Considering the award noted above to JTF and the Xerox-brand equipment the DEA will be purchasing under that BPA, there is only one vendor (Xerox) that can meet the needs of the DEA under SIN 333316OS.

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7. Any other facts supporting the justification.

The Xerox software system has been tested and built to work on our Firebird network. After testing many different vendors, DEA engineers found the Xerox software worked the best with our network.

After building the network functionality, DEA now has a very capable tool to maintain our copiers.

The need to continue using this same software is critical to DEA's future.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

The DEA will continue to conduct market research consistent with changes in technology to ensure the DEA’s IT infrastructure, and the specifications thereof, are in line with best practices in meeting the Government’s minimum need.

C O N T I N U E D O N N E X T P A G E

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Certifications

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Limited Source Justification, are accurate and complete to the best of my knowledge and belief".”

Requesting Office Technical Point of Contact

Signature & Title

Date

“I hereby certify that this Limited Source Justification is accurate and complete to the best of my knowledge and belief.”

Contract Specialist

Signature Date

Contracting Officer

“I have reviewed the subject contract action and find it legally sufficient for award.

CC Legal Counsel (if over $700,000) Signature

Reviews and Approvals

Competition Advocate (if over $700,000)

Chief, FAC (if over $700,000)

Bureau Procurement Chief (if over $700,000 per JAR 2806.304) Signature

Head of the Contracting Activity (if over $13.5M)

Senior Procurement Executive (if over $68M) https://www.ecfr.gov/cgi-bin/text-idx?SID=ca8b3941c81f43a6430959a3530491bd&mc=true&node=pt48.6.2806&rgn=div5&se48.6.2806_1304