N6883619Q0399_Sole_source_justification_redacted.pdf

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states 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).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

I. DESCRIPTION OF ITEM OR SERVICE

The Leica laser tracker is an optical measuring instrument that can locate points in space to an accuracy level of several thousandths of an inch. Points are displayed on a computer in 3D representation and compared to design dimensions to determine the accuracy of the object being inspected. Fleet Readiness Center Southeast (FRCSE) uses the Leica laser trackers on various aircraft throughout FRCSE, and they are critical in the verification of numerous tools and fixtures in support of depot-level repair of electrical and electronic components in Naval Aircraft.

The Contractor shall provide all personnel, supervision, tools, equipment, transportation, and any other items necessary to conduct Original Equipment Manufacturer (OEM) recommended calibration/certification on two (2) Leica laser trackers in accordance with the Tracker Gold Service Maintenance Agreement. After the laser trackers are repaired, the Contractor shall calibrate the assets to ensure they meet the OEM’s performance specifications and Naval Air Systems Command (NAVAIR) Metrology and Calibration (METCAL) program requirements. In addition, the Contractor shall be approved by the NAVAIR METCAL program to perform the annual calibration requirements. All services shall be performed at the Contractor’s facility.

The model and serial numbers for the Leica laser trackers that shall be repaired and calibrated are the following:

Leica Laser Model Number Serial Number

1. AT901-LR 3252

2. AT901-LR TP& TS 4712

The period of performance for this acquisition is 06 October 2019-05 October 2020, with three

(3) one-year option periods.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X__ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. __X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Hexagon Metrology Incorporated (Hexagon) has developed the technical data and specifications required to calibrate Leica laser trackers to comply with the NAVAIR METCAL program.

These calibrations procedures contain trade secrets developed by Hexagon to meet the ANSI- ASQ National Accreditation Board (ANAB) standards. This requirement is for the Contractor to provide calibration services of Leica laser trackers, in which the Contractor shall meet specific calibration standards that are governed by the NAVAIR METCAL quality team. These requirements are referenced in (a) OPNAVINST 3960.16A, Navy Test Measurement and Diagnostic Equipment (TMDE), Automatic Test Systems (ATS), and Metrology and Calibration NAVSUPINST 4200.85D, Encl (1) 2 of 2 (METCAL) and (b) NAVAIRINST 1364.1C, Naval Aviation Metrology and Calibration Program. The references stated above require commercial contractors providing calibration services to NAVAIR activities to be certified by an organization that has been recognized by the NAVAIR METCAL program. As such, the NAVAIR METCAL program recognizes the ANAB as a certifying organization.

Naval Air Systems Command (AIR 6.7) has reviewed the request and supporting recommendations of the NAVAIR METCAL Program Manager, Quality Manager, and Chief Engineer (4.1.12) to use Hexagon as the commercial service provider for the required services.

This Contractor is the NAVAIR METCAL authorized provider of calibration services for laser trackers, in accordance with NAVAIR Letter AIR-6.7/18-059, dated 23 April 2018. As stated in the letter, Hexagon has been accredited by ANAB in the field of calibration. The scope of this accreditation includes measurement areas encompassing the calibration of laser trackers. The required calibration services are within the scope of the ANAB accreditation, which meets the requirements stated in OPNAVINST 3960.16A, NAVSUPINST 4200.85D, and NAVAIRINST 1364.1C. Based upon the above analysis, FRCSE has determined that the Contractor that shall provide the required services is Hexagon. Please see the attached letter (NAVAIR Letter AIR- 6.7/18-059) for detailed information regarding NAVAIR METCAL’s approval for the use of Hexagon for these services.

2. _X__ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Hexagon holds the proprietary rights for repairing and calibrating all of the OEM’s (Leica Geosystems) products. These products include the Leica Laser Tracking product line, its accessories, and components. Hexagon has established business affiliations with Leica Geosystems as the exclusive maintenance provider for the Leica laser tracker products, as stated in a letter from Hexagon dated 16 July 2019. Due to Hexagon holding the proprietary rights to repair and calibrate Leica laser trackers, no other company is capable of providing the required calibration services for FRCSE. Please see the attached letter from Hexagon, in which this information is confirmed.

BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information.