SP7000-16-M-0103_LSJ_editable.pdf

DEFENSE LOGISTICS AGENCY

HEADQUARTERS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6221

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of agency and contracting activity:

Requiring Activity:

Defense Logistics Agency (DLA) Information Operations (J6) DLA Document Services 53333 Ion St Bldg 21 San Diego CA 92152 POC: Tracy Casey

PH: 619-553-7967

Email: tracy.casy@dla.mil

Contracting Activity:

DLA Contracting Services Office (DCSO-P-MW) 5450 Carlisle Pike, Bldg 09 Mechanicsburg PA 17055-0788

2. Nature and description of the action being approved:

Approval is sought to non-competitively award a contract to Canon Korea for a three (3) month base period with no options.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value):

This is a short-term, time-sensitive requirement for multifunctional devices (MFDs), full service maintenance, all consumable supplies (excluding paper), key operator training, networking functionality, and security accreditation along with technical and network installation support for the Pacific Region. Specifically, these MFDs must be delivered, installed and up and running in the DLA customers’ spaces by 10/01/2016. Moreover, DLA’s short-term need for these MFDs expires on 12/31/2016.

As explained below (see Item 5), the short-term, time-sensitive nature is not due to DLA’s fault or lack of advanced planning.

The estimated value of this proposed contracting action is $434,475.00.

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.”

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

The nature of this acquisition requires DLA to use FAR 6.302-1(b)(1).

DLA has a new short-term, time sensitive requirement for MFDs in the Pacific Region. Market research shows, while various sources are capable of providing MFDs to the Pacific Region, only one source (Canon Korea) can meet the time sensitive portion of DLA’s new requirement.

The current devices in place expire on September 30, 2016. Solicitation SP7000-16-R-0002 was issued on April 4, 2016 and closed on May 17, 2017 to replace the devices in place. The solicitation was issued with enough time to have the devices tested and delivered for a October 1, 2016 period of performance. A vendor protest was received based on the Performance Work Statement (PWS) and the way the reverse auction was to be conducted. Corrective action was taken and the solicitation was re-posted on June 14, 2016 with a closing date of July 5, 2016. While technical evaluations were being completed, it was discovered the wrong version of the updated PWS was used and the solicitation was re-posted on July 22, 2016 and closed on July 26, 2016. The follow on award was made on August 29, 2016.

Due to the above reasons, the follow on order won’t be able to deliver until January 1, 2017.

Additionally, pursuing a competitive award for this new short-term, time sensitive requirement would result in unacceptable delays, increased performance risks and interruption of services, resulting in a significant impact to mission accomplishment. Experience shows, it takes DLA a minimum of 225 days to actually receive delivery of operational MFDs through the competitive contract award process. The 225 days includes 135 days for DLA to conduct the competitive procurement itself and an additional 90 days from award for delivery of operational MFDs. In this case, such a 225-day lapse would be a severe and negative impact to DLA’s customers.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable:

In accordance with DFARS PGI 206.303-2(b)(i) a request for information (RFI) was posted on 08/2/2016 closing on 8/4/2016. KVG and Advanced IT Solutions showed interest in the RFI, but neither of these vendors can meet the time sensitive element of DLA's requirement (i.e., none can provide MFDs that would be delivered, installed, and up and running by October 1, 2016).

Additionally, the Justification and Approval per FAR 6.302-1 will be synopsized via the Government-wide Point of Entry, Federal Business Opportunities website in accordance with

FAR 6.305.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer has determined the pricing fair and reasonable for this action utilizing price analysis techniques in accordance with historical pricing.

8. Description of the market research conducted and the results:

Market research indicates that an adequate competition pool exists for requirements of this type (see Items 6 & 9 for further information). The sole source contract will only be in place long enough to finish the contract award, provide for testing and delivery of devices.

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

Attempting to do a short-term contract via competitive procedures would result in unacceptable delays to achieve contract award and delivery/installation of new equipment. The unacceptable delays would entail removal of the 1,919 devices currently in place, re-competing the short term rental, and delivery of the short term rental, during which the customers would be without devices.

10. A Listing of the vendor sources, if any, which expressed in writing an interest in the acquisition:

KVG and Advanced IT Solutions showed interest in the RFI, but neither of these vendors can meet the time sensitive element of DLA's requirement (i.e., none can provide MFDs that would be delivered, installed, and up and running by October 1, 2016).

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, as a continuing effort within DLA. 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.

Requirements 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.

Technical Personnel

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

Contracting Officer I have reviewed and approve this justification.

Level Above Contracting Officer Division Chief DLA Contracting Services Office – Harrisburg

I have reviewed and approve this justification.

John M. Fafara DCSO Competition Advocate

CASEY.TRACY.

L.1086228188

Digitally signed by

CASEY.TRACY.L.1086228188

Date: 2016.08.09 11:45:10 -07'00'

DANOWSKI.TIM

OTHY.A.1292723

Digitally signed by

DANOWSKI.TIMOTHY.A.129

2723802 Date: 2016.08.09 14:47:38 -04'00'