BRAND NAME JA Xerox Copiers.pdf

CONTROL NUMBER # 20-0008

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS

MIDDLE EAST DISTRICT

21 April 2020

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 Xerox MFD’s in use as the rental/lease has reached the end of its fourth option year. The replacement of the Xerox 7845’s, C60 and 9303 ColorQube’s (EOL) equipment is necessary to maintain the multifunction capabilities that TAM utilizes in the building. Market Research preformed using Xerox as a baseline has indicated that pooling of printing (B/W and Color) will reduce our overall costs of operating the new equipment. This is achieved by standardizing on one Multifunction Device verses different models for user needs. 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 (PIV only authorization for access to devices).

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 ensure TAM is compliant with Army STIG’s and Policy. 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. These product are on the ACE-IT APL and can be selected for acquisition and use on Corps Networks. Currently the Corps (ACE-IT) has no contract in-place for use to fulfill the requirements of TAM for Multifunction Devices.

a. Xerox printers historically provide greater performance reliability compared to prior utilized ACE-IT brands.

b. Significant additional IT Support section training will be required with a brand other than Xerox.

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 software 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 Quant i 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. W52P U-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-OO 12 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 Force 3 LLC W52PIJ-16-D-0018 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

CHESS ITES-3H responses were received therefore, it was determined that the Xerox Multifunction Devices that TAM is requesting are not available via the CHESS ITES-3H contract vehicle. A SONA was acquired from CHESS for acquisition of these products using other contracts such as BetaSam, GSA schedules, etc. TAM submitted the required documentation and obtained an ITAS waiver (as required) for the procurement of the Xerox Multifunction Devices.

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.

8. MARKET RESEARCH: Market research was conducted utilizing open market, CHESS, GSA schedules and internet searches for required sources of supply.

9. INTERESTED SOURCES: Vendors on other than the Army CHESS ITES-3H contract as no vendor provided quotes and a SONA was obtained from CHESS for authority to use other contracting methods.

10. 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, this requirement will be competitively solicited through the GPE beta.sam.gov and restricted to small business requirements, as market research and unsolicited interest from prospective vendors have indicated an expectation of competition from at least two small business.

Name: Kris D. Rata Title: Contracting Officer

14. CONTRACTING OFFICER CERTIFICATION:

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

APPROVAL AUTHORITY

Based on the foregoing justification, I hereby approve the procurement of Xerox Multifunction Devices and associated products as listed in paragraph 3 above to support TAM on an other than full and open competition basis pursuant to the authority of FAR 6.302-1(c) where the application for a brand name provides circumstances permitting other than full and open competition. The proposed acquisition is approved for an estimated price of $690,858.60.

DEPARTMENT OF THE ARMY