sf-1013_Signed.pdf

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Justification and approval for the special emergency procurement authority for IBM- RICOH MICRToners.
Solicitation number
2033H620P00053
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DEPARTMENT OF THE TREASURY

SF 1013 - JUSTIFICATION & APPROVAL FOR FAR SUBPART 13.5 SOLE SOURCE

(INCLUDING BRAND NAME) ACQUISITIONS

Treasury Standard Form – 1013 (Rev 5/18)

Prescribed by Treasury: DTAP 1013.501

Tracking No.

1. Identification of the requiring activity and the contracting activity:

The Bureau of the Fiscal Service’s on behalf of the Bureau of the Fiscal Service locations in Kansas City and Philadelphia.

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

This requirement is for purchase of RICOH branded only toner and developer for IBM/RICOH 4100 hardware for check printing located at all the RFC's. This is an urgent and compelling need and immediate delivery needed in order to quickly print and distribute millions of stimulus checks due to an economic shutdown caused by the COVID-19 pandemic. At this time there are a total of 8 COMBO printers and their auxiliary web material transfer devices that make up each COMBO unit. Each COMBO has a Videk check verfication system, and include lasermax roll systems unwinders and rewinders, Info-Print software and Elixir software which is a proprietary softwware package developed by IBM.

2.b Name of the vendor. RICOH 2.c Requisition No.: FSA-410001-20-0011

2.d Bridge contract: ☐ Yes No 2.e Brand name: Yes ☐ No

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

Only IBM/RICOH branded part numbers are acceptable.

Combo Micr Toner 56Y2100 Combo Micr Developer 56Y2101

3.b Includes IT: ☐ Yes No 33940 NAICS; 7510 PSC

3.c IGCE/Estimated dollar value:

The IGCE is $515,419.84

$257,709.92 is for the initial BASE purchase of Brand Name 224 IBM-RICOH MICRToners (56Y2100) and Brand Name 48 IBM- RICOH MICRToners (56Y2100) and;

$257,709.92 for the OPTIONAL QTY purchase of Brand Name 224 IBM- RICOH MICRToners (56Y2100) and Brand Name 48 IBM- RICOH MICRToners (56Y2100)

4. Identification of the authority being used (Check the box that applies):

☐ 41 U.S.C. 1901 – Simplified acquisition procedures.

41 U.S.C. 1903 – Special emergency procurement authority.

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

Due to the proprietary nature of the hardware & software code and access, performing the requisite maintenance, updates, and obtaining usage rights, only RICOH branded consumables can only be obtained. Any equal non-RICOH branded consumables may not fit, may void current warranty and service that may cause undue damage and nonsupport from RICOH service.

Treasury Standard Form – 1013 (Rev 10/17)

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

An Exception under FAR 5.202 (2) The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203; This is an urgent and compelling need in order to quickly print and distribute millions of stimulus checks due to an economic shutdown caused by the COVID-19 pandemic.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on a comparison of the proposed prices received in comparison of the proposed prices with the Independent Government Cost Estimate (IGCE) and comparisons to previous MICR Toner Purchases.

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

Market research was conducted and due to the Urgent and Compelling nature of this requirement a direct award to RICOH was the most appropriate way to obtain these Brand Name products in the timeframe needed.

7.a Any other facts supporting this justification:

This was an urgent requirement that was procured in accordance with FAR 18 – Emergency Acquisitions. The clauses listed below enabled the course of action taken for this acquisition.

18.102 System for Award Management. (a)In accordance with 4.1102, contractors are not required to be registered in the System for Award Management (SAM)

18.103 Synopses of proposed contract actions. Contracting officers need not submit a synopsis notice when there is an unusual and compelling urgency and the Government would be seriously injured if the agency complied with the notice time periods. (See 5.202(a)(2).)

18.104 Unusual and compelling urgency. Agencies may limit the number of sources and full and open competition need not be provided for contracting actions involving urgent requirements.

(See 6.302-2 .)

18.106 Acquisitions from Federal Prison Industries, Inc. (FPI). Purchase from FPI is not mandatory and a waiver is not required if public exigency requires immediate delivery or performance (see 8.605 (b)).

18.107 AbilityOne specification changes. Contracting officers are not held to the notification required when changes in AbilityOne specifications or descriptions are required to meet emergency needs. (See 8.712 (d).)

18.112 Letter contracts. Letter contracts may be used when contract performance must begin immediately. (See 16.603 .)

Treasury Standard Form – 1013 (Rev 10/17)

18.203 Emergency declaration or major disaster declaration.

(a) Disaster or emergency assistance activities. Preference will be given to local organizations, firms, and individuals when contracting for major disaster or emergency assistance activities when the President has made a declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Preference may take the form of local area set-asides or an evaluation preference. (See 6.208 and subpart 26.2.)

A Fixed Price, definitive contract was created. The Contractor agreed to begin promptly, negotiating with the Contracting Officer the terms of a definitive contract that includes all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract 4/1/2020, all clauses required by law on the date of execution of the definitive contract, and any other mutually agreeable clauses, terms, and conditions. The Contractor has submitted a fixed-price proposal.

9.b Attachments: ☐ Yes No

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

Due to the Urgent and Compelling nature of this requirement no other sources were sought and no other sources expressed interest.

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

In the future when there are no urgent and compelling circumstances these products will be obtained through competition.

12. Certifications and Approvals:

12.a Program Office certification (Requiring Activity). I hereby certify that any supporting information and data provided, which form the basis for this justification, are accurate and complete to the best of my knowledge and belief.

Name: Date:

Signature:

12.b Contracting Officer certification and approval. I hereby determine the circumstances of this acquisition support the justification to acquire the item(s) on a sole source (including brand name) basis under the authority of FAR subpart 13.5. I also certify this justification is accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve this justification.

Name: Date:

Signature:

awinst04 Typewritten Text Not Necessary for this requirement awinst04 Typewritten Text Not Necessary for this requirement awinst04 Typewritten Text Anna M. Foreman awinst04 Typewritten Text 06/01/2020

2020-06-01T08:37:37-0400
Anna M. Foreman

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