Automatic Laser Brand Name J and A.pdf

Control Number: 21-0007

SINGLE BRAND DETERMINATION

Far Subpart 13.106-l(b)

DESCRIPTION OF THE ACTION: This action is for anew firm fixed price acquisition of three (3) A VIX Autonomic Mark II Bird Deterring Laser systems.

DESCRIPTION OF THE SERVICES/SUPPLIES: The U.S. Army Corps of Engineers, Walla Walla District, Lower Granite Lock and Dam project has a requirement for the delivery of a programmable, automated bird deterrent laser to deter avian activity on Lower Granite's navigational Miter Gates.

SINGLE BRAND SOURCE: A brand name justification is being sought to provide a commercial item, off the shelf, from a distributor who will supply the AVIX Autonomic Mark II Bird Deterring Laser systems.

AUTHORITY CITED:

a. FAR 13 .106-1 (b) Soliciting from a single source. ( 1) 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).

b. FAR 11.105-(a)(l): The particular brand name, product, or feature is essential to the Governments' requirements, and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's need.

REASON FOR AUTHORITY CITED:

A. BACKGROUND: U.S. Army Corps of Engineers Lower Granite Dam Project has a requirement to procure the programmable automated laser system. The procurement will reduce roosting and nesting activity by pigeons on the navigational miter gates. This action supersedes initial decision to emplace a galvanized steel mesh system at a cost of nearly $1 million.

B. JUSTIFICATION: The Lower Granite Project needs a fully programmable laser that can run automatically without manual interference, with a laser intensity high enough to effectively interdict birds during daylight hours. This is the only automated laser that meets the intensity, distance and programmability to scan the laser at points where the birds roost and nest to meet the requirements to be effective in direct sunlight locations. Other system investigated will not work on direct sunlight location and scan an arbitrary scattered pattern that will not cover the entire area of the miter gate surface. This system will offer protection without constant interaction from Lower Granite personnel. The A VIX Autonomic Mark II has a 100 watt class 3B green laser which provides enough luminosity to effectively interdict birds during daylight. The only other automatic system found has a 15 watt red laser effective only at night. Other lasers and similar devices are handheld or statically mounted and not suitable for project needs.

C. IMP ACT: The Navigational Miter Gates must have an HSS Inspection conducted every 5 years.

Lower Granite has a unique issue with birds nesting on the miter gates. The laser bird deterrent system will reduce the amount of filth accumulated on the gates at an expense significantly lower than the initial projected cost of installing a bird net system with a lifespan exceeding 30 years.

Common pigeons are active from sunrise to dusk and are constantly roosting and nesting on the

- 1 -g4odtani Highlight miter gate structure. Manual operation of a handheld laser would not be a cost-effective alternative to deter the birds during these varying hours over the year especially during the hot summer and cold winter months. Even though summer and winter daylight hours differ, the average daylight hours over a year period would be 4380 hours, If personnel were to operate a handheld laser 50% of these hours, the fully burden rate for a utility worker is - $50 per hour. The yearly labor expense would be approximately $109,500 per year. The material cost of three AVIX Autonomic Mark II Bird Deterring Laser is approximately $20,000. The estimated cost for the laser deterrent system is estimated under $58,000 after purchasing and installation cost by project personnel.

D. ALTERNATIVES: There are lower powered automated lasers available, however they have very limited effectiveness in daylight levels of 25000 lux. This would not fulfill the requirement to interrupt nesting/roosting activities on the gates. There are also manually operated lasers that meet the required intensity, but these would require constant human control, this is not acceptable to the project as the laser is to operate continually during daylight hours.

DETERMINATION OF FAIR AND REASONABLE COSTS: Price will be evaluated in comparison to competition and the budget estimate developed by the Lower Granite to determine fair and reasonable prior to award.

EFFORTS TO OBTAIN COMPETITION: Market Research was performed for the McNary Avian Detection Laser System under solicitation W912EF19Q0122 which had similar requirements for an automated laser of the intensity, programmable target area that will cover the navigation lock miter gate surface. The A VIX Autonomic Mark II which is identical to the laser required for Lower Granite was awarded under contract W912EF19P0073 . Contact was made to the vendors who quoted on the previous action W912EF19P0073 . Two vendors responded with intent to quote on this new requirement for AVIX Autonomic Mark II. A Small business dynamic search ofNAICS code 334413 was performed and this search provided additional small business vendors that are capable to supply the A VIX Autonomic Mark II system. A total of five small business vendors are intending to quote on the solicitation when it is available.

MARKET RESEARCH: The laser system described in the technical specification is essential to the Government's requirements. Market research indicates other companies manufacture handheld lasers only.

The only other non-handheld bird deterrent laser only operates in low-light areas or at night with a fixed pattern that would not provide effective coverage of the miter gates. These products do not meet, or cannot be modified to meet, the agency's needs. Market research indicates that only the brand name "AVIX Autonomic Mark II," may fulfill the requirement (See details in 'Efforts to Obtain Competition' paragraph for further details). As stated above, market research further supports there are a sufficient amount of vendors from the industry that can supply the A VIX Autonomic Mark II brand system.

CONTRACT SPECIALIST: I certify that the information supporting this brand name determination is accurate and complete to the best ofmy knowledge based on the supporting data provided by technical or requirements personnel.

Prepared by: LeAnne Walling Title: Contract Specialist Signature: ~ ;uu., W ~ DETERMINATION: In accordance with the authority of 10 U.S.C. 2304(c)(l), as implemented by FAR 13 .106-1 (b) and based upon the foregoing, I hereby determine that a brand name procurement is authorized and is in the best interest of the Government.

Approved by: Jani Long Title: Contracting Officer

LONG.JAN I.C. ~~~~~~~r.~-~~i624ao, 1231624801 ~o•a'.•0'0~020.11.1307,s2,09

Signature:

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Approved by: Theresa Hampson Title: District Counsel

HAMPSON.T Digitally signed by

HAMPSON.THERESA

HERESA.L.13 L.1374sso937 .

7 45BQg Date: 2020.11 .12 Signature: 37 o9:4o:o?-os·oo·

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