EFO SP7000-23-F-0172.pdf

DEFENSE LOGISTICS AGENCY

DLA CONTRACTING SERVICES OFFICE – NEW CUMBERLAND

5404 J AVENUE, BUILDING 404

NEW CUMBERLAND, PENNSYLVANIA 17070-5059

JUSTIFICATION AND APPROVAL

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

Requiring Activity:

Defense Logistics Agency (DLA) Document Services East Branch, Operations (J67F) 3420 D Ave.

Bldg. 1 Door 5 Tinker AFB, OK 73145 POC: Terry Farrell Tel: 405-855-3036 E-mail: Terry.Farrell@dla.mil

Contracting Activity:

Defense Logistics Agency Contracting Services Office P-New Cumberland (DCSO P-New Cumberland) 5404 J Ave.

Bldg. 404 New Cumberland, PA 17070-55059 POC: John L. Lingrel Tel: 717-770-8694 E-mail: John.Lingrel@dla.mil

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING REQUESTED:

This justification requests approval for an exception to fair opportunity to Xerox in the amount of $290,694.00. The purpose of this exception to fair opportunity is continuing the maintenance outlined in Indefinite-Delivery Indefinite-Quantity (IDIQ) contract SP7000-21-D-0005, delivery order SP7000-23-F-0172 for seven band 100, Xerox V- 4100 color printers at seven locations. This resulting request is due to DLA Document Services not submitting the request to exercise the FY24 option CLINs within the terms and conditions of the order’s FAR 52.217-9 Option to Extend the Term of the Contract.

3. A DESCRIPTION OF THE SUPPLIES AND SERVICES REQUIRED TO MEET

THE AGENCY’S NEEDS/ESTIMATED DOLLAR AMOUNT:

The purpose of this exception to fair opportunity is to provide full-service maintenance for fiscal year 2024 from Xerox Inc via SP7000-23-F-0172’s CLINs 1015-1049

(excluding CLINs 1017 & 1022). The supplies are expendable items to include toner and waste containers. The service is technician level maintenance to include device replacement which is outlined in the performance work statement.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY (SEE

16.505(b)(2)) AND THE SUPPORTING RATIONALE, INCLUDING A

DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF ACQUISITION REQUIRES USE OF

THE EXCEPTION CITED:

This Exception to Fair Opportunity is being conducted in accordance with FAR 16.505(b)(2)(i)(B) - Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

The equipment was purchased by the government using the contract IDIQ SP7000-21-D- 0005 order SP7000-23-F-0172 in FY23. The continued maintenance is unique to Xerox because the equipment is proprietary in nature and can only be maintained by Xerox.

DCSO has determined that the order’s FY24 option CLINs are still available since CLINs 0017 and 0022 are still active with a PoP of 07/01/2023 – 06/30/2024. Due to the order still being active it makes good business sense to exercise the order’s FY24 option CLINs instead of building a whole new order that contains the same CLINs with the same terms and conditions as order SP7000-23-F-0172. Xerox and Canon are the only two Production Color Multiple Award IDIQ awardees. As such, these are the only vendors approved to have orders placed against their multiple award IDIQs. The continued maintenance of SP7000-23-F-0172’s equipment can only be provided by Xerox because Xerox manufactured this order’s equipment and Canon is not authorized and licensed to service or repair the equipment. Additionally, DLA personnel are not trained to maintain the equipment, therefore this maintenance order is required to successfully complete DLA Document Services’ printing mission.

5. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

As the Contracting Officer, I hereby determine that the cost to the Government is fair and reasonable because the pricing for the affected CLINs was the lowest price received via a reverse auction that was completed on SP7000-23-F-0172 and was determined to fair and reasonable at that time.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

N/A

7. A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION

TO FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION FOR

THE SUPPLIES OR SERVICES IS MADE:

DLA Document Services has reviewed the actions that created this situation and is working to implement safety measures to ensure the exercise of contract options are completed on time.

8. THE CONTRACTING OFFICER’S CERTIFICATION THAT THE

JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE

CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF:

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

9. EVIDENCE THAT ANY SUPPORTING DATA THAT IS THE

RESPONSIBILITY OF TECHNICAL OR REQUIREMENTS PERSONNEL AND

WHICH FORM A BASIS FOR THE JUSTIFICATION HAVE BEEN CERTIFIED

AS COMPLETE AND ACCURATE BY THE TECHNICAL OR

REQUIREMENTS PERSONNEL.

I have reviewed the terms of the contract and determined that the equipment is necessary and required to perform the production requirements. Maintaining the equipment is likewise necessary and required to complete the requirements.

10. A WRITTEN DETERMINATION BY THE APPROVING OFFICAL THAT ONE

OF THE CIRCUMSTANCES IN PARAGRAPHS (b)(2)(i)(A) through (E) and (G)

OF THIS SECTION APPLIES TO THE ORDER:

For the purposes of this exception, FAR 16.505(b)(2)(i)(B) “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized” applies as the equipment was manufactured by Xerox Inc. and no other Color Production Multiple Award IDIQ awardee is authorized and licensed to service the equipment. Fair opportunity is not possible for this action given the proprietary nature of the equipment, parts, and service(s).

11. CERTIFICATIONS:

Requirement/Technical Certification:

I hereby certify that the support data provided for which I am responsible, and which form a basis for this justification are complete and accurate.

DATE

Contracting Certifications:

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

I have reviewed and concur with this justification.