A.02.06 - JA Brand Name - W912HP21Q0002 - Applanix POSPAC MMS & POS MV.pdf

Control No. SAC 21-0013

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $650K)

1. Agency/Contracting Activity U.S. Army Corps of Engineers, Charleston District, Charleston

Contracting Office, 69-A Hagood Avenue, Charleston, SC 29403-5107

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Mod to Existing Purchase Order/Contract Number

Pricing: X Firm-Fixed Price Time & Materials

Funds: OMA Other Funds:

Name of Proposed Contractor(s): (Brand specific) POSPAC MMS Full Maintenance and POS M/V

Firmware Maintenance

Street Address:

City, State, Zip:

Phone:

3. Description of Services or Supplies:

This is a follow-on procurement action to acquire a highly specialized supply and service to bring software and firmware maintenance up to date for the POSPAC MMS and POS M/V. This will be a firm-fixed price purchase order for an estimated total value of $50,000.00 and will include four (4) option years of software and firmware maintenance agreements.

4. Authority Cited: Action using simplified acquisition procedures:

FAR 6.302-1 (c) “An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer”.

5. Reasons for Authority Cited: In accordance with FAR 6.302-1(a)(2)(iii)(A), services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition

In order to overcome further incurred cost and non-compatible equipment of different brands the government is requesting brand name specific approval to obtain POSPAC MMS Full Maintenance and POS M/V Firmware Maintenance through authorized resellers.

This is a software and firmware package that provides post-processing of inertial data and a maintenance agreement that is specific to this individual component and there is no other brand-name software and maintenance agreement available for this application. This request is required in order to meet the daily operational mission of the District and is used in the collection of hydrographic data. The supplies required are the POSPAC MMS maintenance agreement and extended firmware and the warranty for the Position and Orientation System for Marine Vessels

(POSMV) currently owned and operated by the US Army Corps of Engineers. In order to change brands we would have to purchase all new position and orientation systems (POS) and retrain all the employees on the operation of those systems. The cost of replacing three systems would be $300k plus training.

6. Efforts to obtain competition: The government is not limiting sources who can supply the package, just the brand name of the equipment that they can supply due to reasons stated in paragraph 5. Software, firmware, and maintenance agreement is only offered by Applanix

Corporation through its resellers. Applanix is the manufacturer of this equipment which contains proprietary information.

7. Actions to increase competition:

In accordance with FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), 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)

The customer (Survey Section) will continue to monitor the market to keep abreast of industry changes to avoid possible brand name purchases in the future. A review of available documentation demonstrates that there are NO significant factors which limits feasibility of competition for this requirement as multiple vendors can supply this Brand Specific item.

8. Market Research: Market research was conducted by contacting Applanix for a list of their resellers. The results of the market research are as follows:

a. Measutronics Corporation - (Small Business) 4020 Kidron RD STE 9, Lakeland, FL.33811,

(863) 644-8712 http://www.Measutronics.com

b. Seafloor Systems, Inc - (Small Business) 4415 Commodity Way, Shingle Springs, CA.

95682, (805) 570-1728 https://www.seafloorsystems.com/

c. Echo81 – (Small Business) 481 South Jackson Street Hartwell, GA 30643, (954) 536-4401 https://www.echo81.com/

Market research indicates multiple vendors can supply various Marine Software and Firmware, but only an Authorized Reseller can provide the POSPAC MMS and POSPAC M/V for equipment units already in use. All three of the vendors listed above are Small Businesses.

http://www.measutronics.com/ https://www.seafloorsystems.com/ https://www.echo81.com/

9. Other Interested Sources: The government is seeking competitive bidding on this brand specific requirement and is requesting the advertisement be posted or synopsized in a public place or on a government point of entry such as SAM.gov.

10. Other Facts: In order for the Government to remove or overcome any barriers to competition, it would require this technology to be widely available in the marketplace.

11. Technical Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By:

Matthew Foss

Position Title (Branch Chief or higher): Chief of Survey

Email address: Matthew.d.foss@usace.army.mil

Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By: Matthew Foss

Position Title (Branch Chief or higher): Chief of Survey

Email address: Matthew.d.foss@usace.army.mil

Signature:

13. Fair and Reasonable Price Determination: In accordance with FAR 15.403-1 (a), certified cost or pricing data shall not be obtained for acquisitions at or below the simplified acquisition threshold. As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

SIGNATURE:

NAME: ADDISON LAYFIELD

TITLE: Contracting Officer

14. Contracting Officer’s Approval (actions less than $650K): I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE:

NAME: ADDISON LAYFIELD

TITLE: Contracting Officer