JUSTIFICATION AND APPROVAL NAE MFD Fully Executed.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Multifunctional Device Lease and Maintenance Service Agreement U.S. Army Corps of Engineers, New England District

1. CONTRACTING AGENCY

The U.S. Army Corps of Engineers (USACE), New England District (NAE), Contracting (CT), 696 Virginia Road, Concord, MA 01742.

2. DESCRIPTION OF ACTION

A request for a six (6) month extension of the current lease for Managed Print Services (MPS) and Leased Multifunctional Devices (MFD) with Print, Copy, Fax and Scan capabilities for The US Army Corps of Engineers (USACE) New England District. This extension request will extend the contract beyond the allowable six (6) months that the order was already extended.

The required eighty-three (83) devices throughout the district are necessary to effectively support NAE's critical missions, it is imperative to have these multifunctional devices and a support contract to meet the requirements of the district.

3. DESCRIPTION OF SUPPLIES/SERVICES

This requirement is for the lease and service maintenance for eighty-three (83) multifunctional devices and its associated product maintenance and support. The devices are to meet the specifications outlined in the “Printer Lease Details Updated” listing the requirements for each site throughout the New England District.

The District has a current lease and maintenance service agreement for these products and seek an additional six (6) month extension, to successfully purchase the current devices or procure a new lease and service agreement. Despite two (2) previous efforts to procure a new lease through CHESS and an attempt to purchase the existing devices, additional time is required to secure a procurement.

4. AUTHORITY CITED

The statutory authority permitting an unusual and compelling urgency for this procurement is 41 U.S.C.3304(a)(2) as implemented by FAR 6.302-2: “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 unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances. The total period of performance of a contract awarded or modified using this authority may not exceed the time necessary;

(A)To meet the unusual and compelling requirements of the work to be performed under the contract; and (B) For the agency to enter into another contract for the required goods and http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 services through the use of competitive procedures; and may not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply.”

5. REASON FOR AUTHORITY CITED

Background:

The New England District currently has a Multifunctional Device Lease and Maintenance

Agreement to provide effective support for NAE’s missions via delivery order

W912WJ20F09A5 with Government Acquisitions, Inc (GAI). The lease also includes the required Kofax software necessary to automate and assist in workflow to meet the requirements of the Districts’ needs.

The Government has made multiple attempts to establish a new delivery order for this requirement:

1. CHESS RFQ #458495 was solicited on July 17, 2023. Three quotes were received, each found to be non-responsive due to inability to negotiate acceptable vendor terms and conditions.

2. August 17, 2023, a modification to extend the period of performance of the existing delivery order (W912WJ20F09A5) for two (2) months was issued to negotiate terms and conditions with those that submitted quotes in response to the solicitation above that did not violate fiscal law or the Government’s right to terminate.

3. August 23, 2023, a request for assistance was emailed to CHESS Contracting

Officer Julie Lawrence and was forwarded to the current contracting officer Roseanna Meyrer.

4. September 12, 2023, Roseanna Meyrer noted that negotiations are between the Ordering Contracting Officer (OCO) and the contractor. Ms. Meyrer suggested discussing with the Contractor that the Government cannot pay for services that are not received, for example, paying on unexercised option, as that would violate fiscal law.

5. Contractors were not amendable to modifying their terms and conditions.

6. October 25, 2023, a modification to extend the period of performance of the existing delivery order for four (4) months was issued to allow time to continue negotiations for terms and conditions.

7. November 13, 2023, Office of Counsel concurred there did not seem to be a fiscal ability to award with the inclusion of the proposed terms & conditions.

Office of Counsel recommended contacting the Contracting Officer and

Contract Specialist of the CHESS contract for assistance.

8. November 29, 2023, CHESS RFQ #473997 was solicited for the multifunction devices. Two quotes were received, each found to be non-responsive due to inability to negotiate vendor terms and conditions required.

9. Negotiations with one vendor from RFQ #473997 continued until January 26, 2024, however, the fiscal law violations and the Government’s right to terminate were not able to be remedied.

10. January 2, 2024, the current lease contractor, Government Acquisitions Inc.

(GAI) was requested to provide a proposal for USACE to purchase the current eighty-three (83) multifunctional devices within the district.

11. January 29, 2024, GAI provided an updated proposal that included the workflow software, Kofax. GAI is researching the Kofax license agreement that was included in the updated proposal.

Justification:

This requirement is to extend the existing delivery order up to an additional six (6) months in order to procure a new Multifunctional Device Lease and Maintenance Agreement or purchase the existing equipment as the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to extend the current lease. The Request for Proposal issued to GAI would be for six (6) months’ pricing, in intervals of one (1) month, to allow the ability to purchase the current devices or procure a new lease a soon as possible while still maintaining the current devices and services.

Alternatives:

Alternative products are not practicable at this time due to the unacceptable lease terms and conditions that prohibit the Government from procuring a new multifunctional device lease through CHESS. This six (6) month extension will allow the Government to either purchase the current devices or procure a new lease outside of CHESS, as the approval process can take months, to meet the requirement.

Impact:

If the J&A is not approved, then the District would not have the necessary multifunction devices necessary to carry out day to day duties to deliver the USACE mission.

6. EFFORTS TO OBTAIN COMPETITION

In accordance with (IAW) Army FAR Supplement (AFARS) 5139.101(S-90)(a) and

Army Regulation 25-1, the Army's CHESS program, is the mandatory source for commercial IT software and hardware purchases, this MFD lease requirement was solicited two (2) separate times in CHESS, July 17, 2023 and November 29, 2023, without success of any responsive quotes.

7. ACTIONS TO INCREASE COMPETITION

As demonstrated above, it is currently not reasonable, practical, and cost effective to attempt to procure a MFD lease through CHESS. The Government will pursue the device purchase option with the current lease holder, and barring success, procure outside of

CHESS.

8. MARKET RESEARCH

Market research was conducted using the Army’s CHESS ITES SW awarded contracts as the required source of supply for IT hardware and software.

As the CHESS quotes received for the MFD lease were not viable for award, a request will made for a Statement of Non-Availability (SoNA) and an ITAS waiver will be requested in order to procure this requirement outside of CHESS.

9. INTERESTED SOURCES

As this Justification and Approval is for the extension of the current lease, the only applicable source is the current Contractor, GAI.

10. OTHER FACTS

None

11. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance, which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature:

Name: Raymond Crowe

Title: IT Operations Officer

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: Raymond Crowe

Title: IT Operations Officer

13. DETERMINATION OF FAIR AND REASONABLE COST.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on market research from the open market, which will be included in the file.

Name: Jennifer Samela

Title: Contracting Officer

14. CONTRACTING OFFICER CERTIFICATION:

I certify that the J&A is accurate and complete to the best of my knowledge and belief.

Title: Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the extension for an additional six (6) months for the supply and support of the MFD for the NAE District as authorized by 41

U.S.C.3304(a)(2) as implemented by FAR 6.302-2, Unusual and Compelling Urgency:

“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…”, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Title: Contracting Officer