ATTACHMENT 4 - Justification and Approval_Redacted.pdf

DEFENSE LOGISTICS AGENCY (DLA)

DLA CONTRACTING SERVICES OFFICE-PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA, PA 19111-5092

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting

Procurements under FAR Part 12, and FAR Part 15

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY.

Requiring Activity:

DLA LAND AND MARITIME (Columbus)

DLA AVIATION (Richmond)

Contracting Activity:

DLA Contracting Services Office Philadelphia Site 700 Robbins Ave Philadelphia, PA 19111

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

This justification and approval for other than full and open competition authorizes and approves the renewal of brand name specific PixEdit subscription software for Richmond, VA; Columbus, OH; and Philadelphia, PA. The placement of a fixed price contract is anticipated.

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS/ESTIMATED DOLLAR AMOUNT.

PIXEDIT SOFTWARE SUBSCRIPTION RENEWAL

DLA has a requirement to renew PixEdit subscription software for the DLA Technology Foundation Services (TFS) office. This requirement is currently listed under expiring contract

SP4700-19-P-0054.

The full PixEdit software subscription renewal requirement is listed below.

The requirement for PixEdit subscription software renewal will consist of one 12-month base period, and two 12-month Option periods commencing on 1 July 2022.

Product

Name Qty Description

PEYM vs8 2

PixEdit annual subscription

SN357‐82137‐02 2 user license with OCR

PEYM vs8 no

OCR 111

p

SN468‐03697‐02 ‐ 111 user licenses without OCR

PEYM vs8 2

PixEdit annual subscription

SN357‐82137‐02 2 user license with OCR

PEYM vs8 no

OCR 111

p

PEYM vs8 2

PixEdit annual subscription

SN357‐82137‐02 2 user license with OCR

PEYM vs8 no

OCR 111

p

Base Year Period of Performance: 1 July 2022 to 30 June 2023

Option Year 1 Period of Performance: 1 July 2023 to 30 June 2024

Option Year 2 Period of Performance: 1 July 2024 to 30 June 2025

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION:

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 “Only one Responsible Source and no other supplies or services will satisfy agency requirements”. PixEdit subscription software licenses are a brand name product of PixEdit. No other firm can provide this brand name product due to the proprietary nature of the software. Use of this brand name description in the acquisition is essential to the Government’s requirements, thereby precluding consideration of a product of another company.

A brand name item peculiar to PixEdit is essential to the Government’s requirement because other products do not meet or cannot be modified to meet the Agency’s needs without assuming unnecessary operational risks. PixEdit, or their authorized resellers, are the only providers of the required PixEdit brand name subscription software products.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF ACQUISITION REQUIRES USE OF CITED

AUTHORITY:

DLA currently uses, and continues to need, PixEdit subscription software. Tech Soft USA is the only authorized PixEdit subscription software reseller within the USA.

PixEdit is used to support customer capability to convert scanned gray scale or color document into monochrome files. Documents that previously had to be redrawn due to low readability can be scanned, threshold and stored in the Document Management System (DMS). This allows for a better quality document to our customers during the solicitation phase. DLA workers may use document images and not have to recreate images, to make changes, therefore saving manhours and money.

In accordance with FAR 6.302-1, brand name PixEdit subscription software from Tenhoff USA as a sole source is essential to the Government’s requirement because the supplies or services required by the agency are available from only one responsible source, and no other type of supplies or services will satisfy the agency’s requirements.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE:

PixEdit is the only manufacturer that provides PixEdit subscription software. The requirement will be synopsized to solicit within FedBizOpps. All authorized dealers will be given an opportunity to submit an offer.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

As the Contracting Officer,

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS:

Market research was performed via researching the manufactures website and other commercially available websites. PixEdit was found to be the only manufacturer that provides PixEdit subscription software, and is the sole reseller to date. However, PixEdit may have more authorized resellers of its products by the time the RFQ is posted. DLA has and continues to exercise competition as often as possible and is required to conduct ongoing reviews to keep abreast of new technology, both in industry and in the Government as a continuing effort within DLA. DLA always uses a variety of vendors, manufacturers, and contracts to fulfill its requirements and will continue its practice of surveying the market to ensure full and open competition. No other sources have demonstrated the capability necessary to provide the software, and software subscription support, at this time.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION:

PixEdit, and PixEdit certified resellers, are the only vendors authorized to provide PixEdit subscription software. Utilizing a non-PixEdit authorized reseller would void warranties on the PixEdit subscription software and would not be recognized by PixEdit.

10. A LISTING OF THE VENDOR SOURCES, IF ANY, WHICH EXPRESSED IN

WRITING AN INTEREST IN THE ACQUISITION:

To date, is the only reseller of PixEdit subscription software. In the event that there are more authorized resellers of PixEdit subscription software, it is anticipated that multiple proposals will be received when the formal RFP is issued.

11. A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITION FOR SUPPLIES OR SERVICES:

DLA has and continues to exercise competition as often as possible and is required to conduct ongoing reviews to keep abreast of new technology, both within industry and the Government.

Furthermore, DLA utilizes a variety of vendors, manufacturers, and contracts to fulfill its requirements and will continue the practice of surveying the market to ensure future full and open competition. Requirements will continue to be posted on FedBizOpps to ensure fair opportunity is given and no other providers are available.

12. CERTIFICATIONS

Requirements/Technical Certification:

I hereby certify that the support data provided for which I am responsible and which form a basis for this justification are complete and accurate.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.