Informal JOFOC FY26-Redacted.docx

Informal Justification for Other than Full and Open Competition (JOFOC)

Project Title: Special Notice Option (SNO) Supply Purchases of CDs, Sleeves, Bubble Mailers, and Printer Ink

Estimated Value: [REDACTED]

1. DESCRIPTION OF UNIQUE QUALIFICATIONS OF SUPPLIES/SERVICES

REQUIRED TO MEET AGENCY NEEDS

The Department of Commerce has decided to disband the National Technical Information Service (NTIS), which currently supports the Special Notices Options (SNO) process for the Social Security Administration (SSA). This unforeseen action creates an urgent and compelling need to prevent interruption of SNO services, which are critical for ensuring accessible communications to all Social Security and Supplemental Security Income (SSI) beneficiaries, including those who are blind or visually impaired, as well as representative payees.

If service is interrupted, beneficiaries may not receive timely or accessible notices regarding their benefits, which could result in serious operational harm and non-compliance with federal accessibility requirements. SSA must ensure that beneficiaries continue to have the opportunity to receive communications in alternative formats, such as braille, data CD, audio CD, and large print formats and to request other accommodation as needed.

Lazer Cartridges Plus, LLC is the company who can provide the products in support of the ruling from the Class Action Ruling Announced in American Council of the Blind v. Social Security Administration. Lazer Cartridges is also the only known vendor to provide all the required items to support the SNO process in response to the unusual and compelling need of supplies to avoid disruption of services.

2. AUTHORITY & SUPPORTING RATIONALE

Revolutionary Federal Acquisition Regulation Overhaul (RFO) Subpart 6.103-2(b) states that “agencies may contract without providing for full and open competition when the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured, financially or otherwise, unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.”

The current available stock of CDs, CD sleeves, bubble mailers and printer ink at SSA for this requirement will last until early August. The agency has an urgent and compelling need to quickly replenish its stock for at least one year to continue to support the SNO services.

Any delay in transitioning SNO support from NTIS to SSA would risk a complete shutdown of vital government services, disrupt the delivery of critical notices, and potentially cause financial and operational injury to SSA and its beneficiaries. The timeline constraints and lack of alternative vendor options for the specialized support required make full and open competition infeasible.

SSA has reviewed available options and determined that the only viable solution is to transfer support from NTIS to SSA as contracts. This approach ensures continuity of operations and compliance with accessibility requirements, while minimizing disruption and maximizing competition to the extent practicable under the circumstances.

Based on the unusual and compelling urgency created by the disbandment of NTIS, SSA requests approval to proceed with an Other than Full and Open Competition procurement to transfer SNO support from NTIS to SSA. This action is necessary to prevent unacceptable harm, ensure uninterrupted delivery of accessible communications, and maintain compliance with federal priorities and regulations.

3. STATEMENT OF ACTIONS, IF ANY, AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS THAT LED TO RESTRICTED COMPETITION BEFORE SUBSEQUENT ACQUISITION IS MADE

We will continue to survey the marketplace and review any capability statements from the vendor community.