JA 5-month Bridge 8-2024 signed.pdf

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

Justification for an Exception to Fair Opportunity Under FAR 16.505(b)(2)

1. Contracting Activity: W912JF USPFO-AR

2. Description of Action: USPFO AR P&C intent is to utilize 10 U.S.C. 2304c(b)(3) as implemented by FAR Part 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

Verification of fair opportunity in the original contract exists per Army Chess RFQ 212170

3. Description of Supplies/Services: The subject service is for a 5-month lease extension for Multifunctional Machines/Multifunctional Printers for the Army National Guard and The Army National Guard Professional Education Center (PEC). Multifunctional Machines/Multifunctional Printers will be distributed and installed throughout the Army National Guard and PEC’s installation within the State of Arkansas. The estimated total value for extension is $188,760.95 with a Period of Performance of 29 August 2024 to 31 January 2025

4. Authority Cited: 10 U.S.C. 2304c(b)(3) as implemented by FAR 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

5. Reason for Authority Cited: FAR 16.505(b)(2)(i)(C) – follow-on to an already issued contract.

(a) As described at FAR 16.505(b)(2)(i)(C) - The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued contract. Follow-on contract with existing vendor will allow The Arkansas Army National to continue to meet mission requirements without a break in service until new award can be made with a base year and 4-year options. New award with a base year and 4-year options cannot be made currently, due to expiring Army Chess Contract and DLA (Defense Logistics Agency) not being able to meet time of delivery requirements. A new contract issued today will only permit contracts to be awarded up to 36 months and not to past the date of 19 May 2025. In addition to time frame constraints from not being able to make award past 19 May 2025; new contract award now would have major issues with long lead times causing increase in pricing.

Current market MFMs indicates shortages that will be remedy in the next 2 years.

Current contract medication will allow us to bridge our current contract until a new contract is re- competed with a base year plus 4 option years.

(b) All technical data packages, specifications, equipment installment and installation will remain unchanged for new requirement. New requirement is only a 4- month extension on award lease agreement to allow time to make base year award with 3 -year options that will meet the Arkansas Army National Guard requirement for Multi-functional Machines in a cost-effective manner. SOW (Statement of Work) will only be revised to reflect needed Period of Performance required to meet mission until base with 3-option years award can be created.

(c) For follow-on orders under FAR 16.505(b)(2)(i)(C):

1. Current contract award is a 4-month bridge in the amount of $137,246.24 with a POP of 29 April 2024 thru 28 August 2024.

2. 1-year bridge contract W912JF23F0012 in the amount of $377,427.51 with a POP of 29 April 2023 thru 28 April 2024.

3. Previous contract was awarded on W52P1J-16D-0014-9D15 in the amount of

a. $1,738,620.75 for base and 4 option years.

4. Original contract award was awarded on W52PJ1-16-0014-9D15 with competition and is ending on 28 April 2024.

5. All the Arkansas Army National Guard and PEC MFMs/MFPs are on W912JF23F0012 lease contract award; and any lapse in service would not allow the AR National Guard to be able to print, fax, copy and scan documents in-order to meet mission requirements.

6. The Army Chess ITES-3H contract is set to expire, and we will not be able to write contracts over 36 months past 19 May 2025 against this award. Not being able to write a base year with 4-year option award would be limiting our contract to just Base year with only 2-year options. Reduction in the amount of years required for services would greatly increase cost of services.

(d) To place an order to satisfy a minimum guarantee under FAR 16.505(b)(2)(i)(D): NA

(e) A statute expressly authorizes or requires that the purchase be made from a specified source.

(f) Alternatives:

1. Suspend Operations: This is not a preferred course of action because it will not allow the Arkansas Army National Guard and PEC (Professional Education Center) to have access to Multifunctional Machines (MFMs) and/or Multifunctional Printers (MFPs) that have the capability to fax, scan, print and email documents.

2. In-house personnel/expertise: Although the AR Army National Guard has personnel that can support the IT functions of MFMs/MFPs, there is currently not enough supply of in-house equipment to support the day-to-day operations for all the AR Army National Guard’s installations and facilities.

3. Re-compete Action: A re-compete at this time frame will only allow for a base and two-year option contract award that would not be cost effective to the government. Army Chess ITES-3H awards can only be made up to 22AUG2026 and pricing for a 3- year lease vs 5-year lease will result in significantly higher annual cost.

4. Procure via DLA Defense Logistics Agency – unable to provide printers within timeframe needed to meet agency’s requirement. Unable to provide until 01 December 2024

(g) Address the following as applicable:

1. A 5-month extension lease contract award with a Period of Performance of 29 April 2024 thru 31 January 2025. No options will be needed, this award is a follow-on to award W912JF24F0022 and a place holder until a competitive base plus four-year award can be made.

2. Competition will not be feasible for this requirement for follow-on contract. All

MCFs and MCPS are currently installed through-out the AR Guard Installations and facilities; any competition for a new requirement would require removal of all equipment and creating new award which cannot be created due to ITES-3H restrictions.

6. Efforts to Obtain Competition:

a. Effective competition: The subject requirement is a follow-on award with a Period of

Performance of 29 August 2024 thru 31 January 2025. No competition is required;

award will be awarded as Sole Source until recompete can be made under new Chess contract.

b. Subcontracting competition. NA

7. Efforts to Increase Competition:

(a) IAW DFARS 216.505(b)(2) and PGI 216.505, for any order exceeding SAT, that is a follow-on to an order previously issued for the same supply or service based on a justification for an exception to fair opportunity citing the authority at FAR 16.505(b)(2)(i)(B) or (C), the justification shall include a copy of the previous justification to assist the approval authority in determining whether the actions to remove or overcome any barriers that led to the exception to fair opportunity cited on the previous justification were completed and the approval authority shall determine whether the planned actions were completed. If the actions were not completed, the justification for the follow-on action must be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 16.505(b)(2)(ii)(C). If the previous justification was approved by the SPE, the approval remains at the SPE level. There may be instances when it is not possible to compete the current acquisition. In these cases, include a statement of the actions taken, or to be taken, to increase competition (e.g., procure needed technical data for full and open competition or breakout subsystems or components for full and open competition) before any subsequent acquisition of the supplies or services. If future competition will be based on the procurement of technical data, provide the approximate date the technical data package will be available.

(b) This requirement is a follow-on award to W912JF24F0022 which was a 4-month

Sole Source Award with no option years.

8. Market Research:

(a) Market Research Techniques Used: Research was conducted by reviewing the CHESS/ websites to validate that the required product(s)/Services are available through the CHESS IDIQ mandatory use contracts. RFI 470230 was submitted on Chess 10/19/2023 with a closing date of 11/30/2023. RFI was submitted as a request for information of Multi-functional Machine Leases. A total of 3 approved small business responded with interest identifying their products and capabilities to meet requirement.

All vendors responding to RFI were deemed to be technically capable.

9. Other Facts:

(a) Procurement history. This requirement is a follow-on award to W912JF24F0022 which was a Sole Source with no option years.

10. 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.

Technical/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. Only the most senior persons within the organization responsible for acquiring the supplies or services described in the justification (e.g., program manager, depot commander, or senior program engineer) and with specific knowledge of the individual requirement (commodity, technology, and/or function) shall sign the technical and requirements certifications.

Signature: __________________________________ Date:____________________

Typed Name:________________________________ Title: ____________________

11. 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.

Technical/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. Only the most senior persons within the organization responsible for acquiring the supplies or services described in the justification (e.g.

program manager, depot commander, or senior program engineer) and with specific knowledge of the individual requirement (commodity, technology, and/or function) shall sign the technical and requirements certifications.

Signature: _____________________________________ Date:_____________________

Typed Name:____________________________________ Date:_____________________

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

12. Contracting Officer Certification:

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

Signature: _____________________________________ Date:_____________________

Typed Name:____________________________________ Date:_____________________

Approval

Based on the foregoing justification, I hereby approve the procurement of Multifunction Machine/Multifunction Printer with an estimated total value of $181,760.95 on another than full and open competition basis pursuant to the authority of 10 U.S.C. 2304c(b)(3) as implemented by FAR Part 16.505(b)(2)(i)(C) subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: Date:

Typed Name: Title: __________________________