Justification for an Exception to Fair Opportunity BELOW SAT Template - March 30 2026_Redacted.pdf

Source Selection Information – See FAR 2.101 and 3.104

The equipment is necessary for the scanning of Navy owned warehouses in accordance with

Office of the Secretary of War (OSW) direction.

The total estimated price for all the required items is . The required delivery date of all items is no later than 15 December 2026. The period of performance (PoP) for all subscription and maintenance line items will be a 12-month period from date of award.

In conclusion, the requested supplies or services represent the minimum requirements of the government.

Identification of the justification rationale. The statutory authority that permits not providing each awardee a fair opportunity to be considered for each order exceeding the MPT issued under a multiple award contract is 10 U.S.C. 3406(c)(5), as implemented by FAR 16.507-6(b). The applicable exception to the fair opportunity process for this justification for the award of an order exceeding the MPT, but not exceeding the simplified acquisition threshold, is:

This is a justification for the use of items particular to one manufacturer, under the authority of

10 U.S.C. 3406(c)(5), as implemented by FAR 16.507-7, and the exception to the fair opportunity process is FAR 16.507-6(b)(6) that allows for DoD, NASA, and Coast Guard to utilize an exception permitting the use of other than competitive procedures at 10 U.S.C.

3204(a). In this case, 10 U.S.C. 3204(a)(1) applies as the supplies required are available from only one or a limited number of responsible sources and no other type of supplies will satisfy agency requirements.

Describe the basis for using an exception to the fair opportunity process.

The required LiDAR equipment to be purchased is manufactured by Leica Geosystems. The above equipment represents the minimum requirements of the government to satisfy the specific

Office of the Secretary of War (OSW) technical specifications and maintain Service standardization. The required equipment must align with existing hardware deployed across other DoD components, including the Defense Logistics Agency (DLA), Air Force, NAVAIR, and Army, for the Navy to establish a unified, cross-service capability. This commonality directly supports joint-operating efficiencies, enabling sharing equipment at co-located military sites to eliminate redundant hardware expenditures. Furthermore, standardization minimizes overall training overhead, guarantees data interoperability, and ensures consistent scanning results across all Joint-Service missions.

Market Research. Provide a description of the market research conducted among awardees and the results thereof or a statement of the reason market research was not conducted.

Market research conducted by the Contracting Specialist revealed that the Original Equipment

Manufacturer (OEM), Leica Geosystems, is a wholly owned subsidiary of Hexagon AB, and

Hexagon US Federal is the U.S. division of Hexagon that markets and delivers Leica’s geospatial technologies to the U.S. government and commercial customers. Correspondence with a point of contact at Hexagon US Federal revealed that there are authorized small business dealers available to purchase the required equipment through. Market research identified two capable small business concerns that can supply all the required part numbers across distinct

Source Selection Information – See FAR 2.101 and 3.104 government-wide contracting vehicles: AEG Group (GSA) and Cynergy Professional (NASA

SEWP). This requirement will be solicited on the open market through SAM.gov to ensure the small business set-aside competition requirements are met.