OCIO-17-0129_JOFOC_FINAL_Redacted.pdf

LIMITED SOURCES JUSTIFICATION (LSJ)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Version Control Date: October 7, 2015

Date: April 17, 2017

MEMORANDUM TO: Jessica Chu, Contracting Officer, Team AMD

FROM: Alicia Mullins, Contracting Officer Representative, OCIO

SUBJECT:

☐ LIMITED SOURCES JUSTIFICATION (LSJ)

☒ JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

REFERENCE: Renewal of NextScan/FlexScan Maintenance Services

“Source Selection Information – see FAR 2.101 and 3.104”

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

a. Acquisition purpose and objectives.

The purpose of this acquisition is to sole-source renew the maintenance services for NextScan/FlexScan equipment. This equipment consists of a microfiche scanner that is used to support the NRC’s Information Management Implementation Team in converting microfilm images so that these can be provided to internal customers, for FOIA requests and when an official paper copy cannot be located at the Federal Records Center.

b. Project background.

The U.S. Nuclear Regulatory Commission’s (NRC) Office of the Chief Information Officer (OCIO) Governance and Enterprise Management Services Division proposes the purchase of maintenance services for micrographics equipment in use by the Information Management Implementation Team in order to convert older, microfilm based documents into electronic format so that they can be filed and stored accordingly. This machine is heavily used to process internal customer and FOIA requests when used for reference purposes only. Should the hard copy not be located at the Federal Records Center a microfilm copy can be digitized and made as the official agency copy. NRC has not been able to digitalize all of its microfilm images due to budget constraints so the machine is still needed by the Agency for processing.

c. Name and address of the proposed contractor(s).

NMS Imaging Ganesh Venkat CDIA 12501 Prosperity Drive Suite # 205

Silver Spring, MD 20904 240-645-4357 direct 703-585-5693 cell 571-403-1826 (google voice) 301-622-2536 fax www.nmsimaging.com

2. Description of the supplies or services required to meet the agency’s needs.

a. Project title. Renewal of NextScan/FlexScan Maintenance Services

b. Project description.

The NRC requires a maintenance contract for NextScan/FlexScan micrographics equipment. Microfilm scanner and fiche module consists of the hardware and software parts to repair the NextScan/FlexScan cost is estimated at and on-site support consists of labor costs to repair the NextScan/FlexScan is estimated at for a total of per year. NRC will not be responsible for travel costs.

The maintenance service required is listed below:

Service/Product No. Description

99999-002 Annual service contract including all parts, depot labor, on-site technician, and virtual support and training. Covers scanner, internal PC, and carriers.

The products to be covered by maintenance are listed below for one machine:

Product Manufacturer Serial Number

Microfilm Scanner NextScan/Flexscan 400 0919086

Jumbo Fiche Module and virtual Film Base

NextScan/Flexscan 400 0942109

c. Acquisition Information.

Requirement type.

☐ Research & development (R&D)

☐ R&D support services

☐ Support services (non-R&D)

☐ Supplies/equipment

☒ Information Technology (IT) or Electronic and Information Technology

(EIT)

☐ Construction

☐ Architect-engineer (A-E) services http://www.nmsimaging.com/

☐ Design-build

☐ Other (specify): ____________________

Type of action.

☐ New requirement

☒ Follow-on NRC-HQ-10-15-P-0008

☐ Other (specify): ______________________

Proposed contract/order type.

☒ Firm-fixed-price

☐ Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________

☐ Cost-plus-fixed-fee

☐ Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________

☐ Time and materials

☐ Labor Hours

☐ Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________

Statement of Work Type

☒ Completion

☐ Level of Effort

☐ Performance Based

Requisition number.

OCIO-17-0129

Total estimated dollar value and performance/delivery period.

The firm fixed price of this contract is . (inclusive of all option periods)

Period of performance:

Base Period: 06/15/2017 to 06/14/2019 Option Period 1: 06/15/2019 to 6/14/2020

3. Identification of the justification rationale.

☐ This acquisition is conducted under Federal Acquisition

Regulation (FAR) 8.405-6.

☐ Urgent and compelling need exists

☐ Only one source is capable of providing the supplies or services

(i.e., peculiar item, brand name item)

☐ Logical follow-on

☒ This acquisition is conducted under FAR 13.106-1(b).

☐ This acquisition is conducted under FAR 6.302- __.

☐ 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

☐ 6.302-2 Unusual and compelling urgency

☐ 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services

☐ 6.302-4 International agreement

☐ 6.302-5 Authorized or required by statute

☐ 6.302-6 National security

☐ 6.302-7 Public interest

☐ This acquisition is conducted using Simplified Procedures for

Certain Commercial Items pursuant to FAR 13.500.

☐ This acquisition is conducted using Simplified Procedures for

Certain Commercial Items pursuant to FAR 13.500(c).

4. Description of the proposed contractor(s) unique qualifications to provide the required supply or service.

The reason that this contract should be awarded as a sole-source award is that only an authorized NextScan/FlexScan reseller can support the NextScan/FlexScan equipment.

The company NMS Imaging, Inc. located in Silver Springs, Maryland is the only NextScan/FlexScan authorized reseller on the East Coast that has been factory trained to repair and maintain the equipment. Should NRC switch to another reseller, the warranty on the NextScan/FlexScan equipment would be null and void. The Information Management Implementation Team uses the NextScan/FlexScan on a daily basis and staff are trained on the use of this equipment.

5. Only applies to JOFOC. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. As mentioned in section 4 this JOFOC, this requirement will be a sole source award to NMS Imaging, Inc. as they are the only authorized reseller on the East Coast that has been factory trained to repair and maintain the NextScan/FlexScan equipment. Any other reseller such as JTF Business and NetLocity have not been factory trained and should they damage the equipment due to lack of training our NextScan/FlexScan warranty would be voided. If there will be another recompete for the same requirement, NRC will check the market again to see if the number of authorized resellers has expanded to beyond one reseller for the East Coast.

6. Description of the efforts made by the Contracting Officer (CO) to determine that the cost/price of the contract/order is fair and reasonable consistent with FAR 8.404(d) or 15.406-2.

The contracting officer will perform price analysis and will only award a contract if the price is determined to be fair and reasonable. The contracting officer expects historic purchasing information to assist them in making this determination.

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Based on NRC’s previous contracts for NextScan/FlexScan support, NRC’s knowledge of the market is that NMS Imaging, Inc. was the only authorized reseller on the East Coast. On April 10, 2017 NRC did market research on micrographic support services and found two other companies in the area that also provided micrographic support services: JTF Business and Netlocity. On April 11, 2017, NRC contacted the NextScan company directly to see if the market has changed and to see if there were other authorized resellers to support the East Coast, hoping that the market has expanded since its previous contract was awarded in 2015. The NextScan company based in Idaho confirmed it currently uses NMS Imaging, Inc. as their sole East Coast contact in repairing and providing services to any of the NextScan/FlexScan machines. The other two vendors NRC found through market research are not authorized resellers. NRC followed up with NextScan/FlexScan to understand any potential consequences if NRC did not award a contract to an authorized reseller. NextScan/FlexScan stated that NRC’s equipment warranty would become null and void without an authorized reseller maintaining the equipment. Any other reseller such as JTF Business and NetLocity have not been factory trained and should they damage the equipment due to lack of training, NRC’s NextScan/FlexScan warranty would be voided.

NRC also researched if NMS Imaging, Inc. had a GSA schedule or was a participant in NASA SEWP. NRC also received a budgetary quote from NMS Imaging, Inc. on April 13, 2017. NRC found that NMS Imaging Inc. had a GSA schedule, but was not on NASA SEWP. Furthermore, in comparing NMS Imaging, Inc.’s GSA schedule against the budgetary quote, it was determined that it is in the Government’s best interest to complete an open market sole source award to NMS Imaging, Inc.

8. Other factors supporting the justification, if any.

9. List sources, if any, that have expressed an interest in the acquisition.

NMS Imaging Ganesh Venkat CDIA 12501 Prosperity Drive Suite # 205 Silver Spring, MD 20904 240-645-4357 direct 703-585-5693 cell 571-403-1826 (google voice) 301-622-2536 fax www.nmsimaging.com http://www.nmsimaging.com/

Jessica Chu Digitally signed by Jessica Chu DN: c=US, o=U.S. Government, ou=U.S. Nuclear Regulatory Commission, ou=NRC- PIV, cn=Jessica Chu, 0.9.2342.19200300.100.1.1=200019156 Date: 2017.04.20 13:38:35 -04'00'