LSJ 24-WEST-15612_Redacted.pdf

DEFENSE LOGISTICS AGENCY

, A

Date

Justification for Other than Full and Open Competition IAW FAR .

1. Nature and/or description of the action being approved:

2. A description of the supplies or services required to meet the agency’s needs (including the estimated value):

3. An identification of the statutory authority permitting other than full and open competition:

4. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

July 30, 2024

DLA Document Services has a need to issue a 2 month (01 AUG 2024 - 30 SEP 2024) with option months (1 OCT 2024 - 28 FEB 2025) extension contract to continue services for SP7000-19-F-0208, SP7000-19-F-0228 and SP7000-19-F-0245 without using competitive procedures. Original contract provided for leased multi-functional devices (MFDs), full service maintenance, all consumable supplies (excluding paper), key operator training, networking functionality security accreditation along with technical and network installation

Original orders SP7000-19-F-0208, SP7000-19-F-0228 and SP7000-19-F-0245 procured 189 devices, with full service maintenance and all consumable supplies (excluding paper) for OCONUS. Lease support is requested to allow continuation of performance until replacement devices are delivered under awarded Japan IDIQ. The estimated value is

FAR 13.106-1(b) Soliciting from a single source. (IAW U.S.C. 41 §3304)

(1) For purchases not exceeding the simplified acquisition threshold.

(i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization)

Although other vendors are available to supply MFDs with consumables and services, there is a short time period to allow installation. No other vendor would be able to deliver new devices in time for a 1 Aug 2024 start date. These devices are currently in place and need to be extended on a sole source contract. Since the devices in place are under a lease, no other vendor can service the lease of another vendor without violating the lease terms. The only way to ensure uninterrupted support to the Warfighter is to issue a contract to the current vendor.

5. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies:

6. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted:

7. 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 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

• Include a copy of the previous justification.

• The approval authority shall determine whether the planned actions were completed. If the actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 6.304). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level. DFARS PGI

206.304 (a)(s-70)(ii)

When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

8. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition (Include the results of the request for information or the sources sought notification in accordance with DFARS PGI 206.302-1 or include the waiver from the HCA or designee):

The notice will be publicized as required by FAR 5.2.

Market research indicates that an adequate competition pool exists for requirements of this type and it will be competed. The sole source order is being put in place long enough for the devices to be installed. In accordance with DLAD 10.001-90(b) DLA activities will not delay the instant acquisition to conduct market research when the estimated dollar value is less than the simplified acquisition threshold, unless the contracting officer determines it is cost-effective to do so.

Original order SP7000-19-F-0208, SP7000-19-F-0228 and SP7000-19-F-0245 is for the lease of 189 devices, in which title/ownership is retained by Xerox. Due to highly specialized supplies or services a competitive contract action for these devices is not possible as the devices are being leased from Xerox who is the only vendor capable to continue the lease of the existing equipment. Although other vendors lease MFDs, no other vendor has lease rights to the existing equipment. Failure to award a new order would result in numerous DLA

None.

9. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

I certify that any supporting data that is the responsibility of technical or requirements personnel and which form a basis for the justification are complete and accurate.

Technical Personnel

Approval:

The justification, as presented above, is accurate and complete to the best of my knowledge and belief. Additionally, I have determined that the anticipated cost to the Government will be fair and reasonable.

Contracting Officer

Competition Advocate (Above $ K )

Head of the Procuring Activity (Above $1 .5 million but not exceeding $ million)

Senior Procurement Executive (Above $ million and as required by DFARS PGI 20 0 ( ))

Due to highly specialized supplies or services a competitive contract action for these devices is not possible as the devices are being leased from Fuji Xerox who is the only vendor capable to continue the lease of the existing equipment.

The follow on requirement has been competed. This order is being put in place long enough until the follow on devices' new order period of performance to commence.