P03 - NRCS FL Sole Source Brand Source Over the SAT_signed_ADH_08032020.pdf

Template for Single Source or Brand Name Justification over SAT, March 2019

Justification for Single Source or Brand Name United States Department of Agriculture

FAR 13.5 – Simplified Procedures for Certain Commercial Items

1. Identification of the agency and the contracting activity.

Agency: United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), Florida State Office.

U.S. Department of Agriculture (USDA), Farm Production and Conservation (FPAC) Business Center, Operations Branch, Acquisitions Division.

2. The nature and/or description of the action being approved.

USDA, Natural Resources Conservation Service (NRCS), Florida has a need to purchase survey grade GPS equipment, robotic total stations, and data collectors plus accessories due to the current equipment being used is gradually reaching its end of life, or end of support with the manufacturer.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Trimble Navigation Global Navigation Satellite System (GNSS) receivers and software have been used by the USDA for twenty years and are the predominant GNSS (GPS) systems used for mapping and survey data collection. Currently, Florida NRCS uses Trimble based equipment and software for all its survey needs. A portion of the current purchase request is to update Trimble systems already in place. Previously, the USDA had a BPA with Trimble Navigation, Ltd. for the purchase of Trimble hardware, software, and maintenance support for new and existing proprietary GNSS hardware, post-processing software, and field data collection software used with Trimble GNSS receivers and field data collection equipment. This BPA, now expired, allowed USDA agencies to maintain compatibility with the existing software and hardware systems used within the USDA agencies. A timeline for the renewal of the BPA has not been set.

It is estimated that the value for this procurement is $423,929.14. The estimated value of the trade-in equipment is $40,000.00. There are no option periods.

4. The statutory authority permitting other than full and open competition.

41 U.S.C § 1901 - Simplified Acquisition Procedures up to $7 million, as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

NRCS Florida wants to upgrade these units to maintain dealer and manufacturer support. The intent is to trade in existing receivers and collectors to receive a rebate on the new equipment. It is critical to have a consistent inventory of equipment for all users across the state. All support to Administrative Area and Field Office staff on the use of survey grade GPS equipment, total station, and data collectors is provided by one individual in the State Office and it is not an efficient use of his time to be expected to be well versed on use of equipment by multiple manufacturers. Also, end users are familiar with the use of Trimble equipment.

The survey grade GPS equipment, robotic total stations, and data collectors and associated accessories will work seamlessly with existing Trimble equipment purchased over the last five years. These new Trimble survey grade RTK GPS units can be used as one single unit or two separate units when using the Trimble Virtual Reference Station (VRS) Network and existing Trimble data collectors. This has the potential to double our GPS equipment available for use in the state with a significant decrease in cost.

6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

There are no opportunities to obtain competition as Duncan Parnell is the sole Authorized Business Partner for Trimble products for the state of Florida. A letter from Trimble, stating Duncan Parnell is the sole distributor of Trimble equipment and services is provided.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Based on the USDA BPA that recently expired the pricing provided by Seilers Geospatial is considered fair and reasonable. This pricing is simliar to pricing on other requirements in other states.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

There are no opportunities to obtain competition as Duncan Parnell is the sole Authorized Business Partner for Trimble products for the state of Florida.

9. Any other facts supporting the use of other than full and open competition.

NA

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

Duncan Parnell

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

USDA will continue review the need for the Trimble equipment and if any other equipment can satisfy their needs. Market research will be completed continuously, and options evaluated as needed.

Template for Single Source or Brand Name Justification over SAT, March 2019

Certifications & Approvals

Prepared by:

Scott Crist Contracting Specialist

Supporting data which form the basis for and included in this justification are certified accurate and complete.

Anthony Harvey Agricultural Engineer, USDA, NRCS Florida

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Julie Simpson Contracting Officer

Additional Reviews & Approvals

Advocate for competition for the procuring activity (if over $700,000). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity, I hereby approve this justification.

Insert Name of the Procuring Activity Competition Advocate Procuring Activity Advocate for Competition

Digitally signed by ANTHONY

HARVEY

Date: 2020.08.03 07:32:57 -04'00'

SCOTT CRIST

Digitally signed by SCOTT CRIST Date: 2020.08.03 13:39:05 -04'00'

08/03/2020

Notes and Guidance. Delete these notes prior to finalizing document for signature.

Acquisitions using the procedures in FAR Part 13.5 (e.g., commercial supplies/services valued at more than the Simplified Acquisition Threshold (SAT) but not exceeding $7 million, including options), are exempt from the requirements in FAR Part 6; however, Contracting Officers must conduct sole source acquisitions (including brand name) under FAR 13.501 only if the need to do so is justified in writing and approved at the levels specified in FAR 13.501(a)(2).

Program personnel are advised to work with contracting personnel early on in order to promote and provide for full and open competition to the maximum extent practicable. In circumstances permitting other than full and open competition, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition through the use of this form.

Advance planning. Contracting without providing for full and open competition shall not be justified on the basis of (1) a lack of advance planning by the requiring activity or (2) concerns related to the amount of funds available to the agency or activity for the acquisition of supplies or services.

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the Agency’s needs. See below for posting requirements.

Posting. Contracting Officers shall make justifications publicly available (excluding brand name) within 14 days after contract award, in accordance with FAR 13.501(a)(1)(iii) and the procedures at FAR 6.305(a). In the case of unusual and compelling urgency, justifications shall be made publicly available within 30 days after contract award in accordance with FAR 13.501(a)(1)(iii) and the procedures at 6.305 (b), (d), (e), and (f). Brand name justifications shall be posted with the solicitation in accordance with FAR 5.102(a)(6).

Screening. Before posting this Justification, in accordance with FAR 6.305(e) and 24.202, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file and routed for electronic signatures. Adobe signature blocks shall include dates.