TAB 5 - NMCI LSJ_Redacted.pdf

DDEFENSE LOGISTICS AGENCY

CONTRACTING SERVICES OFFICE

5404 J AVENUE, BUILDING 404

NEW CUMBERLAND, PENNSYLVANIA 17070-5059

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

Requiring Activity:

Contracting Activity:

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING REQUESTED:

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

THE AGENCY’S NEEDS/ESTIMATED DOLLAR AMOUNT:

Defense Logistics Agency (DLA) Equipment Management Solutions (EMS) Division J67E

Defense Logistics Agency Contracting Service Office (DCSO)

DLA Document Services has a need to issue a 1 month extension contract to continue services for SP7000-12-D-1001-0049, 0051, and 0058 without using competitive procedures. The original contract provided for leased multi-functional devices (MFDs), full service maintenance, all consumable supplies (excluding paper), key operator training, networking functionality, security accreditation along with technical and network installation support and is required for EPC West.

The original order SP7000-12-D-1001-0049, 0051, and 0058 procured 172 devices with full service maintenance and all consumable supplies (excluding paper) for EPC West. Lease support is requested to allow continuation of performance until a new order is awarded. The estimated value is

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION:

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT REPRESENTS THE BEST

VALUE TO THE GOVERNMENT BASED ON RECOMMENDED ACTION:

10 U.S.C. 2304(c)(1)

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE CITED AUTHORITY:

Although other vendors are available to supply MFDs with consumables and services, the typical device delivery time of 30 days must be accounted for.

Therefore, there are no vendors that would be able to deliver new devices in time for an August 1, 2021 start date. Due to this situation, the devices in this order must remain in place and need to be extended on a sole source contract. Also, since the devices in place are under a lease, no other vendor can service the lease of another vendor without violating the lease terms. The only way to ensure uninterrupted support to the Warfighter is to issue a contract to the current vendor

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE:

The action will be not be synopsized in accordance with FAR 5.101(a)(1).

The Contracting Officer anticipates the cost to the Government represents the best value to the Government.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS

NOT CONDUCTED:

Market research indicates that an adequate competition pool exists for requirements of this type and it will be competed on GSA PRISM. Currently, the devices are available on GSA PRISM BPAs, however, the sole source order is being put in place long enough to allow continuation of performance pending installation of replacement 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; both of which would cripple the customer. The unacceptable delays would entail removal of the 172 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. A one month contract will provide adequate time for the delivery and installation of new devices.

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE FUTURE ACQUISITION:

In accordance with DFARS PGI 206.302-1 a request for information (RFI) was posted on 14 August 2020 and closed on 18 August 2020. Microtech Inc., Ricoh USA, Ameritel Corporation and Metropolitan Logistics LLC showed interest in the RFI, but none of the 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 01 October 2020.

Microtech, Inc., Ricoh USA, Inc., Ameritel Corporation, and Metropolitan Logistics:

All the above vendors showed interest in the RFI, but none of these vendors can meet the time sensitive element of DLA’s requirement

11. STATE THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS THAT PRECLUDE THE AGENCY FROM

MEETING FUTURE REQUIREMENTS FOR COMPETITION:

Due to highly specialized supplies or services a competitive contract action for these devices is not possible due to the devices being leased from Ricoh who is the only vendor capable to continue the lease of the existing equipment.

12. CERTIFICATIONS:

Requirement/Technical Certification:

I hereby certify that the support data provided for which I am responsible and which form

Contracting Certifications:

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

DATE

Contracting Officer DCSO P-New Cumberland