JOFOC_NOI001328.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304(a)(1)

Requisition Number: TBD

Date: 09/16/2024

Estimated Contract Dollar Value: $ XXXXXX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisition Programs Unit (NAPU) has prepared this justification for other than full and open competition for toner and associated supplies on behalf of the Logistics Unit (LU), Finance and Facilities Division

(FFD).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

The proposed action will be a sole source, firm-fixed price (FFP), bridge Blanket Purchase Agreement (BPA) to ABM Federal Sales, Inc. for a period of up to one (1) year. This period includes a six (6) month base period with two (2) possible three (3) month option periods.

The current BPA number is 15F06719A0001242.

3. A description of the supplies or services required to meet the agency’s needs.

The requirement is to provide toner and associated supplies for use throughout the entire FBI at an estimated total cost of $XXXXXX for the base and option periods. The bridge BPA will ensure the FBI meets all mission requirements without a lack of continuity to the just-in-time toner replenishment program.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304 (a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

A short-term bridge BPA to the incumbent, ABM Federal Sales, Inc., is required to continue the availability of toner and associated supplies due to unanticipated delays during the competitive acquisition process. The bridge is only to continue existing availability of toner, while the competitive acquisition can be completed.

This requirement was solicited as a brand name only, total small business set-aside through GSA eBuy under GSA’s OS4: Federal Strategic Sourcing Initiative (FSSI) Office Products and Supplies Best in Class (BIC) OMB Mandatory BIC Solutions contract vehicle and two (2) quotes were received. Upon reviewing the quote submissions, over one hundred (100) of the two hundred (200) products were notated as “Open Market”. The Original Equipment Manufacturer (OEM), Hewlett-Packard (HP), confirmed in writing that the open market items were marked correctly, and that HP does not allow these items to be placed on a GSA schedule. This information has led the Contracting Officer to the determination that the requirement for the new BPA should be competed on SAM.gov as an open market requirement.

The current BPA ends on 09/24/2024. Given the extensive time required to restart the competitive acquisition process, along with providing a reasonable timeframe for vendors to compile pricing for two hundred (200) items, a bridge BPA is required to continue the availability of toner and associated supplies without a lack of continuity to the just-in-time toner replenishment program. ABM Federal Sales, Inc. is ideally positioned to provide continuity of product and ordering availability as they already have the knowledge of the FBI’s just-in-time toner replenishment program, as well as a private portal for FBI Government Purchase Card (GPC) holders to place orders individually, as needed.

6. 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.

As stated above, a brand name only, total small business set-aside was solicited to vendors under GSA’s OS4 contract and 2 quotes were received. It is anticipated that conducting this acquisition as an open market requirement will allow for more competition between small business, HP authorized resellers. A notice of intent to sole source this bridge requirement will be posted on SAM.gov in accordance with FAR Subpart 5.2.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990

The estimated cost of this bridge BPA for the base and option periods is $ XXXXXX. The Contracting Officer will utilize price analysis techniques per 15.404-1(b)(2) to determine fair and reasonable pricing.

8. A description of the market research conducted and the results.

Market research efforts included querying GSA schedules and consulting with the OEM. These efforts led to the determination that the products required by the FBI are no longer available under any GSA contract and therefore, this acquisition should be competed as an open market requirement. The most effective option for these products in the interim is to award the bridge BPA to ABM Federal Sales, Inc. to continue the availability of toner and associated supplies without a lack of continuity to the just-in-time toner replenishment program.

9. Any other facts supporting the use of other than full and open competition.

None.

10. A listing of any sources that expressed a written interest in the acquisition.

A notice of intent to sole source this bridge requirement will be posted on SAM.gov in accordance with FAR Subpart 5.2, which will publicize to FBI’s intent to issue this bridge BPA acquisition to ABM Federal Sales, Inc.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

As indicated above, this bridge BPA is being executed to continue the availability of toner and associated supplies without a lack of continuity to the just-in-time toner replenishment program while the open market, competitive acquisition is being completed. Based upon the additional time needed to complete an open market, competitive acquisition, this sole source bridge BPA is necessary to ensure continuity.