A12 JOFOC Brand Name(s).pdf

In accordance with FAR 6.3 the following Justification for other than full and open competition is compiled.

(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

USDA, APHIS, PPQ

375 Rodgers Blvd

Honolulu, HI 96819

(2) Nature and/or description of the action being approved.

This is a 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 or services required to meet the agency’s needs (including the estimated value).

Smiths Detection HI-SCAN 100100V x-ray system (Quantity: 2) 24” CRT monitor Operator Keyboard Software:

HI-SPOT – Automatic Dense Area Detection HI-TRAX Image Enhancement Functions Operator Manual 12-month Standard Warranty

Each X-ray system (Quantity: 2) shall include the following:

- Tall Lockable Control Station – Single Monitor

- 2 Meter incline entrance motorized conveyor

With non-slip conveyor belt

- 2 Meter Exit Roller-Slide Combo

- Installation of the 100100V X-Ray Inspection System o Radiation Leak Survey o Basic Start-up Operation by Field Technician

- Shipping of unit with all accessories

- Removal and Decommission of Current Unit(s)

Estimated value $125,000.00

(4) An identification of the statutory authority permitting other than full and open competition.

FAR 6.302-1(c)

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

USDA has (35) Smiths Detection Hi-Scan 100100v machines in Hawaii and has the requirement to replace two (2) new Smiths Detection Hi-Scan 100100v machines at the Honolulu International Airport.

All USDA PPQ Inspectors in the State of Hawaii are trained on the Smiths Detection machines and can work at any location as all stations have the same machines.

The Port of Honolulu has at least 225 inspectors ranging in pay grade from GS-3 to GS-12 that are trained to use these Smiths Detection machines. Any re-training on new scan ray equipment would not be feasible for both budgeting and staffing reasons.

USDA PPQ does relocate Smiths Detection scan ray machines between islands in the State of Hawaii for use in other port environments. It is critical that the inspectors on all islands can operate and effectively identify agriculture contraband items on machines that they are trained on.

The State of Hawaii USDA APHIS PPQ has a multi-year service contract for the maintenance and repair of the Smiths Detection machines. The contractor provides services covered under the standard 1 year warranty and once expired, the machines continue to be covered under this multi-year service/maintenance/repair contract. The contract covers all mechanical, electrical, and computer system repairs to include all labor, parts, and travel. The contract covers the (35) Smiths Detection 100100v machines as well as the (31) Smiths Detection 6040i machines.

The repair technicians are required to respond and be onsite within 24 hours of notification for machines located in Honolulu and within 36 hours for machines located in Kauai, Maui, Lanai, and the Island of Hawaii.

In addition to this contract, each port has numerous spare parts and components in storage, specific to Smiths Detection machines that can be used to extend the working life of the machines. The parts stored onsite greatly reduces the down time of units in need of repair.

The State of Hawaii PPQ does not own or utilize any other competitor’s brands of x-ray machines. The current service and repair contract does not cover any other competitor’s units such as Rapiscan Systems and would cause an undue burden and cost to the government to set up a separate multi-year service contract and provide spare parts storage for a competitor’s unit.

The Port of Honolulu has custom safety barricades that were fabricated specifically to mount to the Smiths Detection 100100v machine. These barricades are attached to the machine to prevent passengers from coming into contact with potentially hazardous pinch points.

The Port of Honolulu has roller tables that mount to the Smiths Detection 100100v machines near the exit belt. These roller tables allow the passengers time and space to safely retrieve the items they placed on the scanray belt. The roller tables have a customized mounting system to securely attach to the Smiths Detection 100100v.

(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 subpart 5.2 and, if not, which exception under 5.202 applies.

A Request for Quote is being posted to https://betasam.gov for all Smith’s detection vendors to respond with a quote. Due to the Brand name specific requirement, only Smith’s detection will work.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

https://acquisition.gov/far/part-5#FAR_Subpart_5_2 https://acquisition.gov/far/part-5#FAR_5_202 https://betasam.gov/

Based on historic purchases for same/similar, along with a commercial market for the item, Price reasonableness will be determined at time of award.

(8) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

Utilizing previous competitive solicitations, internet searches, and program personnel’s professional experience in the market, Market research was conducted and is documented in the file. A comparison between Smith’s Detection and Rapiscan was documented. Although both providers have very similar machines, the current maintenance contract for all USDA Scanray machines in all HI islands is does not include the Rapiscan machines. Also, USDA maintains a number of spare parts on the island for quick repairs and minimized down time. these parts will not work on competitor’s machines.

(9) Any other facts supporting the use of other than full and open competition, such as:

(ii) When 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.

To replace all Smith’s detection 100100v’s on the island with a competitor’s scanray would cost upwards of $2million just for the machines. Although a new service contract may be similar in cost to the current service contract, it would cost the federal government additional time to put in place and add administrative costs.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Rapiscan has expressed interest in previous solicitations

(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 or services required.

Future service contracts could be solicited which offer services on all machines if possible

(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I Certify that to the best of my knowledge that the above statement of facts are true and accurate.

Jeremy Pouliot Contracting officer https://acquisition.gov/far/part-10#FAR_Part_10 https://acquisition.gov/far/part-6#FAR_6_302_1 https://acquisition.gov/far/part-6#FAR_6_302_1