A.02.05 KO Determination-Limiting Competition-Redacted.pdf

Control No: LRH-FY24-32

Contracting Officer’s Determination – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: USACE, Huntington District, 502 8th Street, Huntington, WV 25701

2. Description of Action:

Nature: IZI New Requirement □ Follow-on Requirement

Contract Vehicle: IZI Purchase Order

□ Blanket Purchase Agreement (BPA)

□ Order/BPA against FSS Contract:

□ Order against Multiple Award IDIQ Contract:

□ Order against a single award IDC Contract:

□ Modification to existing PO/TO/DO/Call Order

Pricing/Contract Type: IZI Fixed Price □ Time & Materials/Labor Hours □Cost Reimbursable □ Hybrid

Funds: □ Operations & Maintenance □ Army (OMA) □ CG funds IZI Other Funds: SURVEY ACCOUNT

FY: 24

Name of Proposed Contractor(s) and Address:

Precision Laser and Instrument, Inc.

504 Old Goff Mountain Rd

Cross Lanes, WV 25313

Brand Name Buy: □ Yes IZI No

3. Description of Services or Supplies:

This procurement is for the acquisition of 127 extended warranties to protect the Huntington District’s fleet of Trimble surveying equipment and its accompanying software. The mission of all equipment and software requiring extended warranties is to enable collection of high accuracy geographical positional data and high accuracy LiDAR data providing accurate geodetic data for dam safety, boundary surveys, topographic surveys, mapping and 202 projects in addition to supporting the Huntington District Geospatial Mission for the collection of high quality, accurate data. The extended warranties ensure continued functionality of the Trimble hardware and software by allowing access to critical updates and information security upgrades. The estimated dollar value for this procurement is

Period of Performance: Delivered as soon as possible but no Later than 31 July 2024

Total Value: $

4. Authority:

IZI FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

□ FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name

□ FAR 8.405-6(a)(1)(i)(A) Urgency

□ FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable

□ FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

□ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

□ FAR 16.505(a)(4) Brand Name

□ FAR 16.505(b)(2)(i)(A) Urgency

□ FAR 16.505(b)(2)(i)(C) Logical Follow-on

□ FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. Justification.

The minimum Government need is to renew 70 Hardware warranties for Trimble brand pieces of GNSS Hardware and 57 Software warranties for associated Trimble brand software within the Geospatial Section’s Survey inventory. Trimble is the only brand that provides these warranties. These warranties include provisions of proprietary hardware and software updates. Therefore, the use of Trimble brand name descriptions is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company. Additionally, the minimum government need requires that only Trimble or Authorized Trimble Representatives are used to ensure quality of product and that seller must have repair facilities within 100 miles of the Huntington District Office. Precision Laser & Instrument, Inc. is the only authorized Trimble vendor in the area able to offer these products and maintains a facility 42 miles from the District Office. Precision Laser & Instrument, Inc. is the only Trimble Vendor in the Huntington Area as Trimble brand equipment has territory boundaries.

b. Alternatives.

One alternative to the acquisition of Trimble extended warranties is the procurement of another brand’s hardware and software that serves the same function as Trimble surveying equipment. This is contrary to the Government’s interests because it would require a complete overhaul of equipment, hardware, and software to meet the quality of product currently achieved through Trimble products.

Another alternative is to acquire a third-party warranty instead of the extended warranty offered by Trimble. However, as explained above, no company offers a third-party warranty on the Trimble hardware and software. Even if a third-party warranty could be purchased, the government’s interests are best served by having an Authorized Trimble Representative, who is the most experienced with Trimble products, perform repairs under an extended warranty.

Precision Laser & Instrument, Inc. is the only certified Trimble Authorized Dealer within the Trimble territory of the Huntington District Office and maintains a co-located certified Trimble repair facility.

c. Impact.

Not acquiring the extended warranties will hinder operations in the Geospatial Section.

Without the warranties the Geospatial Section will not have access to updated firmware and software updates that provide increased functionality and information security upgrades and will have limited ability to repair Trimble hardware. The section widely supports Huntington District Mission and the Huntington District WFO mission which has included fourteen districts in the past seven years.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 □ do not apply due to the dollar threshold, IZI apply and will be followed, or □ do not apply due to an exception at 5.202

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

IZI Action is NOT a brand name restriction and is under SAT, no posting required

□ Action is a brand name restriction, under $25K, no posting required

□ Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

□ Action is a brand name restriction over $25K but will not be posted due to exception:

□ FAR 6.305(f)

□ FAR 8.405-6(b)(3)(iii)(A)

□ FAR 8.405-6(b)(3)(iii)(B)