FAR Part 13.5 Verifone JA 20240712 v3_Redacted.pdf

Control No:W91QF5-2024-006 Program/Equipment: Verifone Credit Card Annual Maintenance Services

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole

Source Justification and Approval

1. Contracting Activity: The Mission and Installation Contracting Command-(MICC-Ft Gregg-Adams), 1830 Quartermaster Road, Bldg. 7124, Fort Gregg-Adams, VA 23803-

2. Description of Action: The Joint Culinary Center of Excellence requests a to Sole Source services contract to support 428 P400 Credit/ Debit Card Devices to outfit all Army Appropriated Dining Facilities to support modernization efforts and to provide payment options to cash paying customers utilizing a Firm Fixed-Price Contract with (VeriFone). The Government projects award for APR 24 and fiscal year 2024, Operation and Maintenance, Army (OMA) G48 Sustainment funds will be used, and the Purchase Request (PR) has been provided.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: JCCoE request the services be provided to continue support of the VeriFone P400 Credit/ Debit Card Devices outfitted in Army Appropriated Dining Facilities and Kiosk. The total number of devices being supported is 428 and was a one-time purchase. Additional cost includes services support from VeriFone through the VeriFone Headquarters (VHQ) Estate Management. Services will be included in the 1st Year with 4 Option years.

For Actions with Options*:

Base Period: June 2024 Option Period 1: June 2025 (Services) Option Period 2: June 2026 (Services) Option Period 3: June 2027 (Services) Option Period 4: June 2028 (Services) FAR Clause 52.217-8 option: _6/29/28 to _12/28/2029

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Other: FAR 13.501(a)(2)(i) For a proposed contract exceeding $150,000, but not exceeding $700,000, the contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures.

5. Reason for Authority Cited:

(a) The following provides rational under the authority FAR 13.501(a)(2)(i). The JCCoE request continued restriction of the services of the brand name VeriFone as it is currently interfaced with the Army Food Management Information System (AFMIS). With allowing this restriction, it will allow continued use of the Verifone P400 Credit Card Devices without any interruption. Continuous support with this program is essential and will allow customers to utilize this modernized payment option.

In 2008, JCCoE with partnership with United States Army Financial Management Command and Bureau of The Treasury, Fiscal Service, purchased Credit Card Devices under the Federal Program, Card Acquiring Services (CAS). According to the Treasury Financial Manual (TFM), Part 5, Chapter 7000 on Credit and Debit Card Collection Transactions, government compliance is required for such transactions. This program was established in 1987, changed to CAS in 2007, and has been in operation over thirty years.

• This action will be following the existing federal program as stated above, 5 (a) and program development of the VeriFone P400 device integrated solution with AFMIS.

• The circumstances and considerations used to determine sole source for this device has been through the last year and a half under the existing Fiscal Service federal program that provides federal agencies payment card acceptance capabilities. VeriFone falls within the federal program to provide devices in support of this program. VeriFone has provided extensive support by provided three different devices through this research and development program to interface with our Standard Army Management Information System (STAMIS), AFMIS. Additionally, they have provided a dedicated technician to assist the SEC programmers and developers throughout this tedious and enduring process. VeriFone has a management platform called VeriFone Headquarters Estate Management which will be utilized to support and manage the devices from inception and throughout the utilization of their devices.

• The Sources Sought (Market research) concluded with one SBA, 8(a) company which stated that they could provide all the services required for this

2021 through 22 JAN 2024.It has recently been extended to 30 Jun 24 with an authorization date of 12 JAN 24.

6. Efforts to Obtain Competition: There were no efforts to obtain competition due to contract number W91QF521P0006 and P00002 with an award date of 26 AUG 21.

Original contract was to support base year plus four options supporting services from Verifone,

7. Actions to Increase Competition: Due to previous contract award of 428 P400 CC Device purchase and two years of services provided by Verifone, the Army does not require any actions to increase competition. The P400 devices are integrated and functioning as desired to include meeting all applicable laws governing credit card purchases.

8. Market Research: Previous market research was in accordance with FAR Part 10, Market research, was conducted during the period of 15 December through 11 January 21, to determine if any resellers had the capabilities of providing the equipment, installation, and startup. The company F-Concepts, Inc., SBA, and 8(a) was the only company that responded to the Market research. F-Concepts did not meet the governments requirement and Verifone was awarded the contract and provided services as specified in previous contract awarded.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts: None

a. Procurement History: None

b. Class J&A: This Class J&A will cover all future actions for these items/services (as appropriate). Each action will be supported by a memorandum for record stating the action is within the scope of the class J&A in each contract file.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis cost analysis IGCE audit: (identify the audit type) other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.