A Determination_Carl Zeiss_signatures1_Redacted.pdf

CUI//SP-PROCURE

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

CUI//SP-PROCURE

V 1.6 (20 December 2023)

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Hardware and software maintenance on one (1) ATOS III Triple-Scan 3D scanner, one

(1) TRIPTOP DX Photogrammetry Lens, software drivers, and Zeiss INSPECT Optical 3D Pro Line software. Hardware and software diagnosis, OEM replacement parts with ground shipping included, access to professional repair facilities, software updates and upgrades, and unlimited phone support. The ATOS scanner enables the Advanced Measurement Services and Reverse Engineering Lab (AMSREL) team to scan items as small as aircraft parts or as large as entire aircraft.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

The ATOS III Triple-Scan, TriTop DX and ATOS Professional Live was developed by GOM, the Original Equipment Manufacturer (OEM), at private expense for the commercial

Controlled by: DON Controlled by: MCI East CUI Category(ies): PROCURE

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

CUI//SP-PROCURE

V 1.6 (20 December 2023) marketplace and is marketed to non-governmental customers. Therefore, the OEM maintains all data rights to their equipment.

2. _X EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

The ATOS scanner is a metrology 3D scanner produced by GOM, acquired by Carl Zeiss in 2019.

Historically Capture 3D has been the only authorized dealer / certified partner of GOM metrology products in the United States. Therefore, Capture 3D was the only company that could provide maintenance for the ATOS hardware in the United States. Capture 3D was acquired by Carl Zeiss Industrial Quality Solutions, LLC in 2021. Therefore, merging and integrating the business offerings to become ONE Zeiss.

Carl Zeiss has become the only authorized repair facilities for the ATOS equipment in the United States.

3. _X OTHER REASONS.

The ATOS III Triple-scan hardware and software was procured in 2018 for the newly established Advanced Measurement Services and Reverse Engineering Lab (AMSREL). This particular hardware and software was procured to standardize the lab's equipment with that of several Army labs with which the lab works closely. Without having the same equipment, there is no guarantee that data transferred between the labs would be compatible.

The ATOS scanner is a metrology 3D scanner produced by GOM, acquired by Carl Zeiss in 2019.

Historically Capture 3D has been the only authorized dealer / certified partner of GOM metrology products in the United States. Therefore, Capture 3D was the only company that could provide maintenance for the ATOS hardware in the United States. Capture 3D was acquired by Carl Zeiss Industrial Quality Solutions, LLC in 2021. Therefore, merging and integrating the business offerings to become ONE Zeiss.

Carl Zeiss has become the only authorized repair facilities for the ATOS equipment in the United States.

If maintenance is not procured, and the ATOS scanner malfunctions, any projects requiring the scanning capabilities of the ATOS 3D scanner would be at a work stoppage, potentially causing a work stoppage to damaged aircraft under repair. This in turn, affects the Fleet, when aircraft cannot be repaired and returned to airworthy status. Additionally, the INSPECT Optical 3D Pro Line software may require updates or upgrades if bugs or vulnerabilities are discovered in the software. Without maintenance in place, these update or upgrades would not be available forcing the removal of the ATOS software from the RDT&E network. This would also cause work stoppages.

B. BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

CUI//SP-PROCURE

V 1.6 (20 December 2023)

C. URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and

07182024

Signature Name (Printed) / Phone # Date

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

Signature Name (Printed) / Phone # Date

08 August 2024