A5_Brand_name_justification..pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(SOLE OR SINGLE SOURCE)

In accordance with the authority granted under FAR Part 13, this request for a noncompetitive acquisition is hereby submitted for consideration for acquisition approval.

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA, APHIS, PPQ

375 RODGERS BLVD.

HONOLULU, HI 96819

Contracting Activity:

USDA, APHIS, MRPBS, ASD

Minneapolis Procurement Branch Butler Square, Fifth Floor 100 North 6th Street Minneapolis, MN 55403

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

This is brand name sole source justification for the purchase of two (2) Smiths Detection HI-SCAN 100100v X-ray Systems manufactured by Smiths Detection.

3. A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

The X-ray systems will be used at Daniel K. Inouye International Airport (HNL) where luggage are inspected at the check-ins for contraband fruit or vegetables headed for the mainland U.S. Inspectors are given authority from the Plant Protection Act (7 U.S.C. 7701 ET SEQ.) and the Animal Health Protection Act (7 U.S.C. 8301 ET

SEQ.)

The estimated value does not exceed the Simplified Acquisition Threshold.

4. IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

FAR 13.5 used in accordance with 41 USC 1901.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

These x-ray systems are a fundamental part of a large inspection program. The HI-SCAN 100100v X-ray Systems will replace aging machines. The agency currently has 29 X-ray systems (Heimann x-ray technology) manufactured by Smiths Detection. Other ports in Hawaii are successfully using this same machine and the agency has a statewide maintenance agreement with Smiths Detection. Acquiring these brand name systems allows for continued use of the existing maintenance agreement with Smiths Detection for these systems, and prevents other unnecessary costs such as additional personnel training.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING

WHETHER A NOTICE WAS, OR WILL BE, PUBLICIZED AS REQUIRED BY FEDERAL

ACQUISITION REGULATION (FAR) SUBPART 5.2, AND IF NOT, WHICH EXCEPTION

UNDER FAR 5.202 APPLIES:

The proposed action will be synopsized in accordance with FAR Part 5. There are no other known systems that will meet the needs of the Government.

7. A DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE

FAIR AND REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

A determination by the Contracting Officer that the anticipated cost will be reasonable will be based on historical data and industry prices.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR

PART 10) AND THE RESULTS, OR AN EXPLANATION OF THE REASON

MARKET RESEARCH WAS NOT PERFORMED:

Market research has involved first-hand experience by USDA personnel with various x-ray systems for the past 20 years. Other similar systems have proven to be less reliable based on the number of breakdowns and down time created. When machines break down, passengers are required to go to different lobbies to complete luggage inspections. This causes a great inconvenience to the traveling public we are serving.

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

AND OPEN COMPETITION - FAR 6.303-2(a)(9): n/a

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

INTEREST IN THE ACQUISITON: n/a

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

TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES,

EQUIPMENT, OR SERVICES REQUIRED: n/a