JOFOC - Brand Name.pdf

JOFOC No.: LSJ-24-0018

Version 20220201

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION (JOFOC) 1 – SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS

JOFOC NUMBER2: LSJ-24-0018

PROCUREMENT REQUEST (PR) NUMBER: DJA-24-AEET-PR-0505

CO: Brian Wilkins / Brian.Wilkins@atf.gov

COR/GTR3: Karl Jorgensen GTR / Karl.Jorgensen@atf.gov

DATE: 08/26/2024

This document serves as both the justification and approval for acquisitions conducted under the authorities for procurements using procedures for certain commercial items in accordance with Federal Acquisition Regulation (FAR) Part 13.5. FAR Part 13.5 authorizes the use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $7.5 million ($15M for declared contingency operations), including options, if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial products or commercial services.

1. Identification of the agency and contracting activity.

Requiring Agency:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Center for Explosives Training and Research (NCETR) 3750 Corporal Road Redstone Arsenal, AL Technical POC: Karl Jorgensen Email: Karl.Jorgensen@atf.gov

Contracting/Ordering Activity:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Management – Acquisitions Management Division 99 New York Avenue, NE

1 This is also known as a Justification & Approval. It is the document required by the FAR that justifies and obtains approval for a sole-source contract.

2 This is entered at or after small business review, including the header.

3 COR – Contracting Officer’s Representative – services /GTR – Government Technical Representative – supplies/goods.

https://www.acquisition.gov/far/13.500 mailto:Karl.Jorgensen@atf.gov

Washington, DC 20226 Contracting Officer Name: Brian Wilkins Email: Brian.Wilkins@atf.gov

2. The nature and/or description of the action being approved, i.e., brand name under procedures for certain commercial items in accordance with FAR 13.106(b)(1)(ii), 13.501 and 11.105.

This Justification for Other than Full and Open Competition (JOFOC) authorizes and approves the issuance of a name brand justification, firm-fixed-price purchase order for the procurement of upgraded SmartRay Vision imaging panels and x-ray System kits.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

ATF requires the purchase of the following products:

DESCRIPTION QTY UNIT UNIT

COST

TOTAL

COST

Addon 14 x 17 DR Imaging Panel for SmartRay Vision System

7 EA $35,000.00 $245,000.00

SRV X1012 Extreme 3X Portable X-Ray System

2 EA $59,856.00 $119,712.00

TOTAL VALUE $364,712.00

The Required Delivery Date (RDD) will be no later than 90 days.

4. Identify statutory authority permitting limiting sources FAR 13.106(b)(1)(ii), 13.501 and

11.105.

The Brand Name is essential to the Government’s requirement.

ATF currently utilizes the SmartRay Vision system as its only portable x-ray system. This action is for the purchase of upgraded Imaging Panels for those systems currently in service deployed to Bomb Technicians in the field and additional complete kits for new technicians and/or replacement needs. The Panels will provide additional diagnostic capabilities and sustained power delivery.

They are designed to integrate seamlessly with the SmartRay Vision system equipment already in service.

ATF’s Certified Explosives Specialist (CES) Program has a requirement to maintain portable x-ray systems based on the National Bomb Squad Commanders Advisory Board – National Guidelines for bomb squads. This equipment provides the bomb technician the ability to x-ray suspect improvised explosive devices in order to identify the fuzing and functioning of the device providing a higher degree of safety to the technician and the public.

5. A demonstration of any brand name product’s unique attributes: An explanation of the unique attributes of the proposed brand name item(s) and why no other similar item will suffice.

ATF’s Explosives Enforcement Branch has invested in previous purchases of these units and in testing, training and field deployment we have found them to be reliable and fulfill our mission requirement more effectively than any other x-ray system we have in our current inventory or in others we have tested on a loaned basis. These new Imaging Panels are larger than those currently in service and allow the Bomb Technician to x-ray larger areas rapidly, minimizing the time the technician needs to be in proximity to a hazardous device.

ATF’s Explosives Enforcement Branch has previously invested and issued 55 x-ray systems to Bomb Technicians in the field. The training for these units has already been developed and given to ATF Bomb Technicians. To maintain consistency in training, maintain continued readiness, ensure success, and increase safety in operational deployments, ATF needs to purchase upgrades to the systems currently in inventory.

SmartRay Vision Portable Digital Systems have been evaluated by ATF and determined to be the only system that meets our operational needs. We have previously evaluated other known flat panel x-ray systems on the market and chose the SmartRay Vision systems as the ATF Bomb Squad’s preferred platform. These systems are used for diagnosing hazardous devices & objects for render safe procedures and disassembly’s. The panels are self-contained and not removable, allowing for ease of use. The size of the units make them extremely portable and able to be used in a tactical environment. The proprietary software offered with these units enables the best resolution using the minimum number of x-ray pulses and offers superior stitching capability. The SmartRay Vision systems can be utilized using three methods of communication between the imaging panel and the controller: wireless (short range), wireless (long range), and wired. The frequency range that system operates on can be changed from 2.4 GHz to 5 GHz so that it will operate during the deployment of electronic countermeasures. The systems include wired and wireless source controllers to be able to remotely control the amount and duration of pulses applied from the source to the imaging panel. The imager is able to be set for long exposures allowing varying amounts of pulses to be applied. The resolution of the imager is over 4 billion grey scale imaging. The imager and controller are ruggedized; the imager is shock tolerant to three feet. Due to this, no other brand/model would be acceptable.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under 5.202 applies.

This requirement will be posted on SAM.gov.

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

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The contracting officer determines that the anticipated prices will be fair and reasonable based on past history of previous purchases for the same items. By signing the justification, the contracting officer decides that the costs/prices to the government are expected to be fair and reasonable.

8. A description of the market research conducted and the results or the reason market research was not conducted.

Market research for alternative equipment maintenance and repairs resulted in no compatibility of similar equipment that meets the same standards with the extended range of the two-way communications between the panels and tablets with the capability of exporting images wirelessly, including the capability to email images. Also, this system has unparalleled resolution for a specified minimal pulse count and has a superior stitching capability through its proprietary software which allows multiple x-rays of packages larger than the imager to be stitched together in one continuous x-ray. This also allows the stitched image to be used within X-Ray Tool Kit for a precision-aimed disruption. SmartRay systems are currently in use by the ATF Bomb Squad and the upgrades will provide additional diagnostic capability and reliability and help to maintain continued readiness.

9. Any other facts supporting the use of sole source.

SmartRay Vision x-ray imaging systems are currently in use by ATF Bomb Technician personnel in the field. The upgraded controllers and data transmission equipment will integrate seamlessly with the previously purchased systems and provide enhanced capabilities.

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

SharpRay Vision/SharpLogixx, LLC.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

The Bureau makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. The Acquisitions Branch will continue to utilize bidding websites as well as other competitive procedures to promote competition to the maximum extent practicable.

The Requesting Office will continue to research the marketplace and communicate with other law enforcement agencies to determine if similar products and /or services can meet its needs as a remedy to a restricted competitive environment due to the technical nature of its future requirements

12. Certifications.

Co-Prepared by:

As the Contracting Officer’s Representative (COR) or Government’s Technical Representative (GTR), I certify the above information is accurate to the best of my knowledge and contains complete data/information necessary to support the recommendation and the basis for this justification.

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Karl Jorgensen, Program Office Date NCETR/Special Agent

As the Contracting Officer and based on the information presented by the program office, the information is complete and accurate to the best of my knowledge, and it is in the best interest of the US Government to pursue other than full and open competition for this requirement.

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Brian Wilkins, Contracting Officer Date Office of Management – Acquisitions Management Division