40103197-Justification -redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPMYM1-24-Q-0056

Controlled by: DLA Land and Maritime Controlled by: DLA Land and Maritime NNSY

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: ronald.c.martin@dla.mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

CUI

[X] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

3. The supplies/services required to meet the using activity’s needs are described as follows:

CLIN DESCRIPTION MODEL

NUMBER

QTY ESTIMATED

UNIT PRICE

ESTIMATED

TOTAL VALUE

0001 LEICA ABSOLUTE TRACKER AT960-LR AT960-LR 1 EA $217,000.00 $217,000.00

0002 T-PROBE III 576186 1 EA 24,100.00 24,100.00

0003 MAV72 SENSOR APERTURE MAV72 1 EA 66.00 66.00

0004 MST139 PORTABLE PRECISION ALUMINUM

TRIPOD

MST139 1 EA 3,500.00 3,500.00

0005 MST141 TRIPOD TRANSPORTATION CASE MST141 1 EA 820.00 820.00

0006 T-PROBE STYLI KIT 576231 1 EA 4,700.00 4,700.00

ESTIMATED BASE VALUE: $250,186.00

ESTIMATED TOTAL VALUE (BASE + OPTIONS): Not Applicable

MAXIMUM CONTRACT VALUE: $250,186.00

4. The statutory authority permitting other than full and open competition is:

[X] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

[ ] 10 U.S.C. 3204(a)(2) - Urgency.

Brief narrative supporting the situation and weapon system:

The Norfolk Naval Shipyard (NNSY) Code 938 requires one (1) LEICA ABSOLUTE TRACKER with accessories for operational support and research technology. The Laser Tracker is specially designed and used with accuracy for the Combat Systems alignments on submarine and aircraft availabilities.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Hexagon Manufacturing Intelligence Inc., Cage Code – 1WUK4

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SOLICITATION SPMYM1-24-Q-0079

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

The acquisition will be solicited on SAM.gov to encourage potential supplier participation on or about 08/13/2024.

Dealers of manufacture will be solicited. The Government will continue to conduct market research to see if changes occur in the marketplace that would enable future actions for these items to be competitive.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 13.106-3(a), the Contracting Officer will make a determination that the proposed price is fair and reasonable based upon comparison of the proposed price with prices found fair and reasonable on previous purchases, as well as other cost, price, and buyer analysis. Information from market research, governmental sources, and Producer Price Index Industry (PPI) Data will also be used to help establish price reasonableness when needed. The length of contact will be formed when the contract is awarded and accepted until the six (6) required items are delivered to NNSY.

8. Market Research/Efforts to Obtain Competition:

Describe the market research conducted and the results. The extent of market research required for a procurement varies depending on the estimated dollar value, complexity of the item or service and other factors including, the type of item or service, urgency of the requirement and past experience. However, narrow market research (i.e.

only using market surveys; only contacting the approved source or past awardees) is inadequate.

The Leica Absolute Tracker is manufactured exclusively by Hexagon Manufacturing Intelligence Inc (Cage Code

– 1WUK4). These Trackers with ADM (Absolute Distance Meter) and IFM (Interferometer) technology are provided solely by this MFR, and have proprietary restriction design rights, which are owned by Hexagon Manufacturing Intelligence Inc., and will not be release for duplication purposes. The use of any other brand or product would be incompatible with existing equipment. The Leica Absolute Tracker is utilized by NNSY Code 938 and used aboard aircraft carriers and submarines. NNSY Code 137 is responsible for approving calibration support of Test, Monitoring & Diagnostic Equipment. Therefore, the purchase of any other manufacturing source or equipment would result in the duplication of resources, costs, and time to the Government that would not be recovered through competition. Although this acquisition is being restricted to Hexagon Manufacturing Intelligence Inc, the Government expects to receive competition among distributors of the Leica Absolute Tracker.

Market research was conducted to determine commerciality of the Leica Absolute Tracker. The Contract Specialist (CS) checked GSA Advantage as a mandatory source. The requested trackers with the ADM and IFM were not found. The CS searched the OEM website (www.hexagon.com) for information on Leica Absolute Tracker.

According to the Government sales representative Hexagon Manufacturing is able to work with authorized distributors and local dealers of their products as authorized representatives located in the United States.

A Sources Sought Notice was posted to SAM.gov from 02/13/2024-02/21/2024. No vendors responded to the notice. Upon further research and contacting the OEM, the Government support representative suggested the category and code was incorrectly solicited and provided another PSC code and NAICS to utilize based on similar prior sales. A second Sources Sought Notice was posted to SAM.gov from 22-25 July 2024 with responses received from two authorized distributors.

SOLICITATION SPMYM1-24-Q-0079

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

Although there is no indication that any other manufacturer could provide the required items, there is a reasonable expectation that two or more small business vendors who are capable of supporting this requirement based on the information above and outlined herein. As the OEM is a large business, the small business non-manufacturing rule does not apply. Therefore, the Contract Specialist recommends this requirement to be solicited as Brand Name only as 100% small business set-aside with Lowest Price Technically Acceptable (LPTA) evaluation factors.

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[X] A market survey was not conducted due to:

Based on the results received from multiple other market research techniques used, a formal market survey was not conducted. The Contract Specialist contacted knowledgeable individuals within the Government regarding market capabilities, published a Sources Sought Notice via SAM.gov, analyzed same and similar past procurement history requirements, queried Government-wide databases, and reviewed catalogs and other product information available on the internet.

9. Additional facts supporting other than full and open competition are:

[ ] Based upon the attached technical certification, technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

[ ] As stated in the attached certification by the requiring activity, the Military Services will be seriously injured in contract award is delayed. The extent and nature of harm are detailed in the attached certification, or provide a narrative Impact Statement below:

[ ] When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

[ ] Other: (Explain)_________________________________________________________________________.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

Equipment Resource Center (SB-Cage 1T9S5) B&H International (SB-Cage 768R4)

11. The following actions are being taken to identify additional sources:

[ ] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items

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SOLICITATION SPMYM1-24-Q-0079

DLA Land & Maritime Justification for Other Than Full & Open Competition (March 2023)

CUI

[ ] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [X] Other (Explain)

This acquisition will be synopsized and solicited on SAM.gov to encourage potential supplier participation. Should the solicitation result in an offeror identifying another manufacturing source of supply, then interested parties will be informed of calibration requirements and procedures. If another manufacturing source becomes approved, then future acquisitions will allow and provide for manufacturer competition.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $750,000, this signature serves as the approval.

_________________________________________ 9-05-2024 Contracting Officer Date

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