J&A_Redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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I. Contracting Activity.

11 CONS/PKC

1349 Lutman Drive Joint Base Andrews MD 20762

II. Nature and/or description of the action being processed.

New sole source award to American Science and Engineering, Inc. (AS&E) for the supply, installation, training and maintenance of one (1) vehicle and cargo x-ray inspection system (MFG: Rapiscan AS&E / Model: Z-Portal Backscatter) for a multiple year, fixed-price contract.

III. Description of supplies/services required to meet agency needs.

The 11th Security Forces Group (11 SFG) requires the supply, training and maintenance of one (1) fixed vehicle and cargo x-ray inspection system capable of scanning organic, explosive and other materials from the top-down and side (left and right) field of views (FOVs), and providing readily identifiable and available images. Services required will include all labor, services, parts, supplies, packaging and shipment of items to include site preparation and installation of the system. is anticipated for a period of performance of 25 Jan 19 - 24 Jan 24 (Base + Four 12-month Options) with a 6-month extension option. The anticipated estimated cost for all supplies and services is as follows:

More than one fiscal year is needed to ensure users are capable of operating the equipment and a qualified source is available to maintain the system. The 11 SFG experiences a high turnover rate of personnel due to frequent operational changes, deployments and permanent change of station moves. After the initial year, training will ensure that three (3) to five (5) government personnel remain or become certified to operate the system in accordance with manufacturer's terms. Due to the proprietary nature of the inspection system, only AS&E certified instructors can provide the necessary training to ensure proper system use per the manufacturer's intent; and only authorized field service providers and technicians can supply the proprietary Original Equipment Manufacturer (OEM) parts needed to perform preventative maintenance or as-needed repairs and system software upgrades. The system cannot function as required without the appropriate training and maintenance offered by the manufacturer.

. Per AS&E, no other vendor is authorized or is anticipated to be licensed, certified or authorized to perform maintenance and training functions on its vehicle inspection systems. Consequently, AS&E retains the knowledge, licensing, and capability to maintain its systems. The anticipated CLIN structure is as follows:

IV. Statutory authority permitting other than full and open competition.

10 USC 2304(c)(1), as implemented by FAR 6.302-1, and required by FAR 6.303-2(b)(4)

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V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The supply, installation and training and maintenance of one (1) fixed vehicle and cargo x-ray inspection system is needed at the Pearl Harbor Commercial Delivery Gate at Joint Base Andrews - Naval Air Facility Washington, MD. Services required also include the demolition of existing scanning infrastructure and site preparation for system installation. The system will enable visitor inspection and installation access maintained by the 11 SFG; it is necessary to reduce traffic delays and congestion generated by high volume (frequent and large) shipments of equipment, supplies and materials for operations (i.e. military construction) ongoing at the installation. Additionally, the system is required to ensure the rapid assessment and inspection of commercial and personal vehicles to reduce the risk of illegal, hazardous, unauthorized and/or explosive cargo entering the installation. To effectively supplement government personnel performing inspections and to replace existing methods of detection, the x-ray inspection system must, at minimum, use a radioactive material-free emitter source (for personnel safety), have the capability to scan and discriminate organic materials when hidden (explosives, humans, drugs,etc.); provide readily identifiable/available images of items scanned; and be capable to scan from the following viewpoints: top-down, left-side and right-side. Market research has identified only one source, AS&E, as capable and interested to provide an x-ray inspection system with the ability to scan from all three viewpoints and suffice all other requirements.

The vehicle and cargo x-ray inspection system identified as a capable source is the Z-Portal Backscatter, which is owned and sold by the Rapiscan AS&E Cargo Scanning and Solutions Group. AS&E is the Original Equipment Manufacturer (OEM) of the patented system. The manufacturer asserts no other vendor is authorized to sell or perform the required installation, maintenance, repairs, or training required without voiding warranty terms and ensuring system functionality; this is solely due to

AS&E systems are , and are only serviced by AS&E trained and authorized service personnel. AS&E Field Service Engineers (FSEs) undergo an intensive 3-4 month training prior to executing field assignments that enables them to effectively troubleshoot and resolve routine and emergent complex system issues. The FSEs also undergo continuous training on existing systems, ancillary services, technologies and new product or system developments that enhance the life span of existing systems. Due to the high voltage of the system, proprietary technologies and intellectual property, allowing unauthorized service personnel to maintain the system will void system and component warrants, and additionally may induce and exacerbate system damage, cause serious injury and/or death.

Accordingly, AS&E is the only firm capable of providing the supplies and services describe in Section III above.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A special sole source intent notice was posted on Federal Business Opportunities (FBO) from 26 November - 7 December 2018. This notice expressed the Government's intent to award a sole source contract to AS&E to provide a vehicle and cargo x-ray inspection system capable of scanning organic, explosive and other materials from the top-down and side (left and right) field of views (FOVs), and providing readily identifiable and available images. It also provided other vendors within the respective industry an opportunity to inform the Government of their capabilities to support the requirement. One vendor, Leidos Inc., responded identifying three (3) different models that may suffice the Government's need. After review and coordination with Leidos, it was determined that none of Leidos' x-ray inspection systems supported the top-down scan capability necessary to fulfill the entire scope of the requirement. No other sources have identified capability or interest to fulfill the requirement at this time.

In addition to the special notice posted, an evaluation of public sites (FBO) and government databases (EDA) was

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

25 May 2018 FOR OFFICIAL USE ONLY Page 5 of 6 conducted to identify other vendors capable to fulfill the requirement at other military installations, or provide the maintenance, repair or training components for same or similar x-ray inspection systems. The 11 SFG also contacted counterparts at other military installations to ascertain how the requirement was fulfilled. Contracting Officers at other U.S. Air Force installations were contacted to assess alternative sources, product commerciality, industry practices, pricing, risk ,and operability/ functionality of the Z-Portal Backscatter and similar systems. Review of the databases and information provided identified AS&E as the sole service provider of AS&E x-ray inspection systems (fixed and mobile).

The proposed contract is expected to be awarded on a sole source basis under FAR 13.501(a). FAR Part 13 applies to commercial item purchases not expected to exceed $7 million under the provisions of FAR Part 13.5. Although exempt from FAR Part 6, the justification and approval document will be made publicly available within fourteen (14) days after contract award.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The prices obtained during market research for maintenance and training support the Contracting Officer's anticipation of a fair and reasonable price. Contracting Officer will also seek and use pricing from other recent contracts to aid the determination. If necessary, the contractor will be required to provide a cost breakdown (other than certified cost and pricing data) so the Contracting Officer, with assistance from the Requiring Activity, can evaluate items such as hourly labor rate, man-hours required, travel, per diem and percentage of markup on parts to determine the contractor's proposed price fair and reasonable in comparison to the independent government estimate.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopses of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

Other Low Energy Portal (LEP) systems would require multiple passes in order to achieve the images that the Rapiscan AS&E system produces in a single pass-through. Multiple passes through a system would reduce traffic throughput, cause traffic control issues, and would reduce efforts necessary for seizures or confiscation of illegal or illicit materials, as fewer vehicles would be able to be scanned. Rapsican AS&E provides the only identified, commercially available solution that meets JBA-NAFW's most critical requirements for reflective image and multiple view capabilities.

X. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VI above.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

Continual assessment will be made (at minimum, annually prior to option exercise) to determine the viability of patented technologies on the Z-Portal Backscatter to assess alternative sources authorized to provide training, repair or maintain the system.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

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XIII. Certification by the technical/requirements personnel.

As evidenced by my signature(s) above, I certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.