J A(Redacted).pdf

Control No. 13-0001

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JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(Actions NTE $650K for other than Simplified Acquisition Procedures)

1. Agency/Contracting Activity: MICC-ICO-Ft Riley, Kansas

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number W911SE-04-A-0007-1G02

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds:

Name of Proposed Contractor(s): OCE North American Inc.

Street Address: 100 Oakview Drive City, State, Zip: Trumbull, CT 06611 Phone: 785-290-0364

3. Description of Services or Supplies:

The total estimated value of the proposed action is – six (6) month extension

Contract Number W911SE-04-A-0007-1G02 was awarded 2 February 2009, by Fort Riley to OCE North America, Inc. This is a Blanket Purchase Agreement (BPA) requirement to “lease” 321 networkable black and white copiers capable of printing, copying and scanning for numerous administrative buildings on the Fort Riley Military Installation. The services required shall include copiers, accessories, all consumable supplies (except paper), labor, all necessary maintenance and repair of equipment during normal duty hours, periodic preventive maintenance, and key operator training.

4. Authority 10 USC 2304(c) (1), FAR 6.302-1(a) (2) (ii) (A), and FAR 52.217-8 (NOV 1999)

OPTION TO EXTEND SERVICES

Actions other than simplified acquisition procedures (select one):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 USC 2304(c) (1)

FAR 6.302-2: Unusual and compelling urgency, 10 USC 2304(c) (2)

FAR 6.302-5: Authorized or Required by Statute, 10 USC 2304(c) (5)

Other: FAR 6.302-1(a) (2) (ii) (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition.

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5. Reasons for Authority Cited:

a. OCE North America Inc. is the reasonable source that can provide the required requirement for the Government service for installation copiers at the least total price. Since the product is not unique, it is the nature of the transaction that makes OCE uniquely qualified. The follow-on delivery order requirement package has been delayed due to changes in net security and compatible equipment add-on requirements being developed. The requirement generating activity requested extension of the current performance to preclude a lapse in continuous service. OCE equipment is currently installed, all user personnel are trained in its operation, the Contractor’s performance has been rated as satisfactory, and the network at Fort Riley is proven compatible with the current equipment to provide essential information processing for Soldiers, Dept of the Army Civilians and their families. Fort Riley does not possess its own equipment, and the trained man power to service the required equipment, or possess the necessary stocks of repair parts and materials required for continued operation. Other than by the continued performance of OCE, the Contracting Officer believes that any other performance option would result in unrecoverable duplicated costs as well as a transition will cause an unwelcome disruption of operations. In the Contracting Officer’s experience, no GSA FSS copier schedule holder will be able to complete the installation of their product in a timely manner that would preclude the exercise of some OCE continued performance.

All experienced require a 30 day lead from request to delivery. This would cause an unacceptable delay that would prove to be costly and represent a negatively impact on Ft Riley. OCE is the reasonable source based on the amount of product needed and the extension will be funded on a month-to-month bases until the new contract is awarded, not to exceed six months.

b. The contract is in its final option year, the requirements will be picked up for the supply w/some service on an existing Federal Supply Schedule (FSS). W911SE-04-A-0007-1G02 is from an Army mandated supply source that provides the rental and service of the copy machines located for several locations over the Installation. The current contract is operating with a base and three option years which expire on 30 January 2013. The copiers are at the end of the contracted for 48 month lease. The six (6) month extension will provide sufficient time to solicit another source. In accordance with the Uniform Commercial Code, Fort Riley is able to continue the lease on a month-to-month basis at the same agreed to price. Award at this time to any other source would result in unacceptable delays, be susceptible to current level pricing weighted upward due to a less than 48 total month lease term resulting in a negative impact on Fort Riley’s ability to meet the critical mission of power projection, daily administrative actions, operation within established budget, and Army Force Generation (ARFORGEN). Award to any other source would result in substantial procurement costs not expected to be recovered through competition. Without this modification the budget of the requiring activity will be unnecessarily strained and the ability of the installation copier mission will have a negative impact on the daily data processing activities of all users. The extension of W911SE-04-A-0007-1G02 will provide the best value and acceptable quality service to the Government at a minimum expense. In the Contracting Officer’s opinion, this modification is in the best interests of the Government.

c. The current contract has FAR 52.217-8 option to extend services that was solicited with the base and option years but the extension was not evaluated at the time of the initial award. Contractor’s last option year pricing will be utilized for the extension. The contractor, OCE, is the reasonable choice because the equipment is already in place and will cause the least amount of disruption to the everyday business for the activity.

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6. Actions to Increase Competition: OCE North America Inc. the incumbent contractor, is the only known source capable of satisfactorily providing services at the required full performance level and least total price for the period for which this modification is being request. Which will be until MICC, Riley’s competitive acquisition process for the new contract is complete. The extension of W911SE-04-A-0007-1G02 will ensure that the needed service is not interrupted and provide the best value for the customer. The current contractor is technically sufficient for the required service

7. Market Research:

A special notice of the Government’s intent to sole-source extend the current contract for the period 31 January 2013 through 30 June 2013 was posted to Fed-Biz-Ops on 19 Nov 2012. No inquiries have been received to date in response to the notice. Any inquiries received within the required 15 day time frame will be considered and evaluated. Given that the industry is aware of the re-compete, the likelihood of a protest concerning the extension is unlikely. An additional evaluation of installations copiers are as followed: Search of NAICS #532420 on site www.contractdirectory.gov was completed on 20 Nov 2012. Reviewed contracts found for comparison on http://eda.ogden.disa.mil on 20 Nov 2012.

Four installation contracts were review for comparison: see below

Ft Irwin – contract #W9124B10P0277 Ft Drum – contract #W911S206D0002 Army Res. (West) – contract #W9124N09P0164 USPFO OK ARNG – contract #W912L610A0012

Evaluation of four installations reflects the following:

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: W911RX-04-A-0006-1G02 Was action competed? Yes No

All prior acquisitions have been performed off of Army master BPA’s drawn from FSS schedule contracts, or directly from the GSA FSS schedule contracts. The current contract has FAR 52.217- 8 option to extend services that was solicited with the base and option years but the extension was not evaluated at the time of the initial award. Contractor’s last option year pricing will be utilized for the extension. The contractor, Xerox, is the reasonable choice because the equipment is already in place and will cause the least amount of disruption to the everyday business for the activity.

9. Additional Information to support the justification.

a. Contract will continue with current pricing.

b. All other terms and conditions of the contract remain.

c. No Service Contract Approval is required for this supply order.

http://www.contractdirectory.gov/ http://eda.ogden.disa.mil/

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10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Signature:

Date: 12/10/12 Submitted By:

Position Title (Division Chief or higher):

Email address:

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

This service has not been impacted by changes in the industry. Previous market surveys indicated the prices paid by Fort Riley are comparable to prices being paid at other installations. Prices are from published price lists contained in the parent GSA contract and have been found fair and reasonable at that award.

12. Reviews: I have reviewed this justification and find it legally sufficient.

Legal Counsel (if value exceeds $150K)

Signature: Date: 12/10/12 Typed Name:

13. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE: Date: 12/10/12

NAME:

TITLE: