Justification Approval _Redacted.pdf

___ 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2), Unusual and compelling urgency (FAR 6.302-2, DFARS 206.302-2))

___ 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3), Industrial mobilization; engineering, developmental, or research capability; or expert services (FAR 6.302-3, DFARS 206.302-3)

___ 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4), International agreement (FAR 6.302-4, DFARS 206.302-4)

___ 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5), Authorized or required by statute (FAR 6.302-5, DFARS 206.302-5)

___ 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6), National security (FAR 6.302-6)

___ 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7), Public Interest (FAR 6.302-7, DFARS 206.302-7)

_X__ This J&A satisfies the FAR 13.501(a)(2) regulation to justify a sole source (including brand name) commercial item acquisition or portion of a commercial item acquisition requiring a brand name. Note: Check the above statement applicable if the J&A is for a sole source (including brand name) acquisition for a commercial item(s) with an estimated value greater than the Simplified Acquisition Threshold (SAT) but not exceeding $7million (including options)($13million for acquisitions described in FAR 13.500(c)) that is to be awarded using the simplified procedures for certain commercial items prescribed by FAR 13.5:

_X__ This J&A satisfies the DFARS 211.104 regulation to justify use of brand name or equal purchase descriptions when using sealed bidding (FAR Part 14), negotiated acquisition procedures (FAR Part 15), or simplified procedures for certain commercial items (FAR Subpart 13.5).

___ This justification satisfies the FAR 8.405-6 regulation to justify when restricting consideration IAW FAR 8.405-6(a) or (b). This acquisition is conducted under the authority of the Multiple-Award Schedule Program. The circumstances (i.e. authority) justifying the action is:

___ An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A)) ___ Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B))

____ In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order provided that the original order was placed IAW the applicable FSS ordering procedures (FAR 8.405-6(a)(1)(i)(C))

____ Item(s) peculiar to one manufacturer (FAR 8.405-6(b))

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS OR

NATURE OF ACQUISITION THAT REQUIRES USE OF THE CITED AUTHORITY:

This is a brand-name requirement to acquire various quantities of toners to include (Brother, HP, Kyocera, and Xerox) for various warehouse locations that support the DLA Distribution logistics, world-wide mission. The various toners to include (Brother, HP, Kyocera, and Xerox) should be OEM brand name or approved by the manufacturer to successfully and safely operate in this equipment. Use of an unapproved brand toner could severely impact the printer replenishment life cycle timeline by incurring hidden damage that is not immediately apparent but could shorten the printers’ usable life. Using the manufacturer-approved brand toners follows a formula with an expected page count per toner cartridge based on coverage. That formula is used to determine the life expectancy of the printer’s maintenance kit (rebuild)/warranty based on that specific brand name toner model. Using an alternative brand could give inaccurate toner coverage, varied page expectancies per non-brand name and void the longer-term warranty coverage negotiated by DLA when the printers are procured. Finally, the use of a non-manufacturer approved toner could potentially cripple DLA’s print plant operations with damaged drums or voided warranty coverage, which will leave DLA with damaged printers in critical areas and no recourse for their replacement or repair. The manufacturer-approved toners are recyclable, not considered hazardous waste and can be discarded without any extra processing of the expended toner waste cartons or shipping to an external recycling center. The use of other than the following brand name toners (Brother, HP, Kyocera, and Xerox) will ultimately result in work stoppages, mission delays, and additional excessive expenses of The Government.

6. SYNOPSIS ANNOUNCEMENT/POTENTIAL SOURCES:

When procuring commercial supplies not to exceed $7 million the Government is authorized to use simplified acquisition procedures in accordance with FAR subpart 13.5. Furthermore, the use of simplified acquisition procedures in FAR part 12 allow for the Government to use streamlined solicitation procedures as prescribed at FAR subpart 12.6. These streamlined procedures allow the Government to combine both the synopsis and solicitation in a single document. Therefore, the requirement will be publicized in accordance with FAR subpart 12.603(a) providing for a combined synopsis/solicitation.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer, using price analysis technique(s) at FAR subpart 13.106-3, will make an affirmative fair and reasonable price determination.

8. DESCRIPTION OF MARKET RESEARCH:

In accordance with FAR Part 10, Market Research (Market Research Report) was performed by DLA Distribution J7 to arrive at the most suitable approach for the purchase of various quantities of toners to include (Brother, HP, Kyocera, and Xerox ) for various warehouse locations that support the DLA Distribution logistics mission. The market research information establishes that the DLA Distribution Supply Ops needs for various quantities of toners to include (Brother, HP, Kyocera, and Xerox ) can be met through commercial marketplace availability, and that the definition of a “commercial item” at FAR Part 2 has also been met. Therefore, solicitation and award of any resultant contract using the policies and procedures in FAR Part 12 is recommended. The market research information reveals there are potential sources available that regularly, in the normal course of business, provide the required products to the general public and competition in the open market exists among many authorized distributors.

9. OTHER SUPPORTING FACTS:

Market Research was conducted and there are many small business dealers of “manufacture name “ toner cartridges. “manufacture name” is a Large Manufacturer, but a class waiver is in place for NAICS 325992, which allows otherwise qualified regular dealers to supply the waived item(s), regardless of the business size of the manufacturer, on a Federal contract set aside for small business. The solicitation will be issued as a 100% Small Business Set Aside and the existing class waiver will be used. In order to maintain the warranties of the printers, the toner cartridges need to be replaced with “ “ brand cartridges;

however, there are several dealers that are able to provide the specific manufacturer part number(s) that are requested in the RFQ. This Brand Name Justification is executed under the authority of 41 U.S.C.1903.

Include any other facts supporting the use of other than full and open competition, such as:

___ Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

___ When FAR 6.302-1, only one responsible source, is cited for follow-on acquisitions as described in FAR 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

___ When FAR 6.302-1, only one responsible source, is cited, as described in DFARS 206.302(d) and DFARS PGI 206.303-2(b)(i)(A), include the results of the request for information (RFI)/Sources Sought Notice posted IAW DFARS PGI 206.302-1 (unless the requirement to post has been waived).

___ When FAR 6.302-1, only one responsible source, is cited, as described in FAR 6.302-1(c)(1)(B), indicate that the use of such descriptions (brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer) in the acquisition or portion of an acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company.

___ When FAR 6.302-2, unusual and compelling urgency, is cited, provide data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

___ When FAR 6.302-6, national security, is cited, describe how disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements). This authority must not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

___ For non-competitive follow-on acquisitions of supplies or services previously awarded on a non-competitive basis, include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.

___ For a sole-source 8(a) contract over $100 million, include such other matters as the head of the agency concerned shall specify for purposes of this section.

___ Other facts supporting the justification:

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

Please see paragraph nine (9) for information on market research, as no vendors were specifically contacted to determine interest in this acquisition.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE/OVERCOME BARRIERSBEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES/SERVICES IS

REQUIRED/MADE:

None.

12. STATEMENT OF DELIVERY REQUIREMENTS:

The The Ordering Period is for one (1) base year plus four (4), one (1) year option periods

13. TOTAL ESTIMATED DOLLAR VALUE OF THE ACQUISITION(S) COVERED BY

THIS JUSTIFICATION:

The total estimated dollar value for this requirement is