CRxFlex_MFR_Limiting_Competition_under_SAT_ACC_Apr21_Signed_Redacted_PDF.pdf

CUI//SP-PROCURE//FEDCON

Control No: 2025-8

Apr 2021

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Mission Installation Contracting Command United States Army Yuma Proving Ground (USAYPG)

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number ___ PR# W81R8T0012263753______

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract

Name or #______________ Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price 100% Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: __RDT&E___

FY: __2025-2026______

Name of Proposed Contractor(s) and Address:

______3E NDT, LLC_____300 Highway 146 N La Porte, Texas 77571-3262________ ______NEWCO NDT____121 Aberdeen DR Florence, South Carolina____________

Brand Name Buy: Yes No

3. Description of Services or Supplies: The United States Army Yuma Proving Ground (USAYPG) has a requirement under purchase request W81R8T0012263753 for a maintenance service to provide 2 Preventative Maintenance Inspections (PMI) annually, 24/7 unlimited remote support via telephone, provision of a Transport Maintenance Kit, and rhythm software licenses, patches, and updates as applicable.

Maintenance tasks will include replacing worn components, recalibrating scanner, installing software upgrades or patches, performing test scans, and providing a detailed invoice of work and record of maintenance. This service supports accurate radiographic imaging of the Safety and Arming devices of explosive items and is vital to testing and safety at YPG. This requirement will include Firm Fixed Price (FFP) type pricing to support the requirement. Only technicians certified through Waygate are qualified to perform these tasks as Waygate is the manufacturer of CRxFlex and holds proprietary rights to the equipment.

Base Period: 09 September 2025 through 08 September 2026 Option Period 1: 09 September 2026 through 08 September 2027 Option Period 2: 09 September 2027 through 08 September 2028 Total Value: $30,403.64

4. Authority: Select the appropriate authority below:

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)(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 FAR 8.405-6(b)(1) Brand Name

Or, FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee FAR 16.505(a)(4) Brand Name

5. Reasons for Authority Cited:

a. Only the Waygate Technologies (Baker Hughes) approved contractor specializing in nondescructive testing (NDT) solutions to service the unit to ensure the system is properly maintained and calibrated. Only the Waygate Technologies (Baker Hughes) approved service contractor can reliably have the necessary training and expertise to support equipment critical to operations and safety.

b. This procurement will rely on the service contractor to have the necessary relationship with the manufacturer to acquire new, OEM transport kits which are replaced during preventative maintenance. This compatibility with the existing equipment can only be provided by Waygate Technologies (Baker Hughes) approved service due to the proprietary nature of the equipment.

c. Waygate Technologies, a subsidiary of Baker Hughes CRxFlex II based Computed Radiography Systrem, utilizes proprietary Rhythm Software. The system is utilized to collect x-ray images critical to test and safety data or items under test, typically expolosive munitions, at YTC. Hence, the need to have the acquisition acquired from either the sole manufactuer or its authorized resellers and distributors.

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 $ threshold, apply and will be followed, or do not apply due to an exception at FAR

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) unless:

Action is NOT a brand name restriction and is under $250K, 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 the following exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(ii)(A) FAR 8.405-6(b)(3)(ii)(B) FAR 8.405-6(b)(3)(ii)(C) FAR 16.505(a)(4)(iii)(C)

7. Market Research:

In accordance with FAR part 10, Market Research was conducted for this acquisition.

The Market Research Report is filed in the PCF cabinet.

A search of GSA, UNICOR, and other FAR Part 8 sources were searched and found unavailable to provide the services required. A RFI was posted on SAM.gov on May 14th

2025 under the Notice ID PANMCC-25-P-0000012168. A total of two vendors submitted responses to the RFI. NEWCO Inc, submitted documentation and responses to the questions posed in the RFI. BHPE did not submit documentation nor responses to the questions listed in the RFI but expressed interest in the requirement. A capabilities statement was requested via BHPE’s website but no documents were ever received. A follow up email was sent on May 21st 2025 with no response received from the vendor.

Due to a lack of documentation to assess capabilities the vendor was deemed technically unacceptable by the RA.

8. Other Facts:

The Metrology and Simulation Division requires a contractor with the appropriate knowledge and understanding of these systems and software (specifically designed for YPG’s application) to service them regularly and be available for emergency repairs.

Failure to maintain and support these services will result in test delays in the event of equipment malfunction.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

________________________________ Date: See digital signature Lindsey Carter Radiographer

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis technique.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

________________________________ Date: See digital signature Amanda M. Ramirez Contracting Officer