LSJ redacted_Redacted.pdf

DEFENSE LOGISTICS AGENCY

HEADQUARTERS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6221

Date

Justification for Other than Full and Open Competition IAW FAR 6.3

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:

06/13/2023

DLA Information Operations has a need to issue an award to Xerox for 54 devices for 3 month July 1, 2023 – Sept 30, 2023.

Extension is for July 1, 2023 – Sept 30, 2023. Pending FDR (Awaiting for NMCI certification thru PRTNR).

FAR 6.302-2 -Unusual and compelling urgency.

(a)(2) When the agency's need for 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.

The nature of this acquisition where the authority applies in item 3, is applicable in this situation since a delay in award of a order would result in serious injury, financial or other, to the Government. Follow on contracts have been awarded, however NMCI testing and certification is being delayed. This action is necessary in order to provide continued support to the customer and the warfighter. These devices are currently in place. No other vendor would be capable of mobilizing,getting devices tested and in place by 7/1/2023.

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):

SP7000-23-RFI-1031 was posted to SAM.gov with no response

SP7000-23-Q-1065 posted to SAM.gov with no response

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 Contracts SP7000-12-F-1003-0230 were for the lease of 64 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 due to the devices 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 customers being forced to operate without MFD

None Applicable

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 $650K)

Head of the Procuring Activity (Above $12.5 million but not exceeding $85.5 million)

Senior Procurement Executive (Above $85.5 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 due to the devices being leased from Xerox who is the only vendor capable to continue the lease of the existing equipment. Follow on contract was competed and awarded however the NMCI testing and certification has been delayed