Single Source Justification_Xerox MFDs.pdf

DON SAP SINGLE SOURCE

AUG 2018

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, 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).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The Contractor shall provide maintenance services under operating leases with comprehensive lifecycle supplies and other related services for 119 Multi-Function Devices (MFD), in support of NAVFAC MIDLANT at various locations. The anticipated period of performance 1 April 2023 through 31 March 2024, with one 6- month extension.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

[Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.]

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. OTHER REASONS.

B. X BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

This is a follow-on requirement to purchase order N40085-21-P-0037 for lease and maintenance of 119 Xerox multi-function devices (MFDs). These devices are already on-site at various locations throughout NAVFAC Mid-Atlantic. They were initially leased under a DLA contract that has expired. The devices were scheduled to be replaced in February/March 2022 with NMCI provided devices, however due to NMCI contract changeover issues, the replacements have not occurred. Subsequently, the delivery timeframe continues to change.

In order to prevent delays in office administration throughout the command, the current devices must be maintained in place until the NMCI provided devices are installed. Due to the need for continued services, it is not practical or in the best interest of the Government to solicit additional sources for the required services. Additionally, the current Xerox OEM representative, is intimately familiar with the maintenance to be performed, and is performing satisfactorily.

C. UNUSUAL AND COMPELLING URGENCY. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

X

Signature Name (Printed) / Phone # Date

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Susan C. Roberts 3/23/2023 Signature Name (Printed) Date