R2_LEI_ FARO_Brand name_SingleSourceUnderSAT.docx

Single Source/Brand Name Justification United States Department of Agriculture FAR 13.106-1(b)(1) – Simplified Acquisitions

1. Identification of the agency and the contracting office.

United States Forest Service, Region 2 Law Enforcement & Investigations.

Procurement & Property Services (PPS) Intermountain Zone-Supply/Service Acquisitions Contract Support Area (CSA) 4

2. Description of supply or service required to meet the agency’s needs.

Authority to acquire and use the FARO Focus S 350 is obtained from FSM 5386.04a, which states the Director of FS LE&I may provide Technical Investigative Equipment to assist employees effectively in conducting criminal, civil, or administrative investigations that affect United States Forest Service (USFS) lands.

The USFS Region 2 (R2) FARO Focus S 350 shall be used when requested by the Assistant Special Agent in Charge, on any significant incident scene when it is in the agency’s interest to thoroughly and systematically document in 3D computer model and High Definition (HD) format. The data collected by the FARO Focus S 350 shall be utilized to prepare precise computer 3d and HD models that precisely recreate the scene and have the ability to be analyzed later for accurate special measurements. Significant incidents include but are not limited to any incident when there is:

1. Loss of life

2. Serious bodily injury

3. Significant property or equipment damage

4. Significant rehabilitation costs

5. Politically Sensitive Incidents

6. A factor deemed significant by USFS leadership for any reason.

3. The rationale or circumstances for limiting competition.

The FARO Focus S 350 can be operated by one person and can take only minutes to scan an entire scene. Competitor products can require 2-3 personnel to take the measurements, and hours of use to scan the scene. LE&I personnel frequently work on their own, or as a single resource on an incident. This product supports these operational needs.

LE&I personnel frequently work in remote, rugged areas, in hazardous conditions. The FARO Foucs S 350 with tripod weighs approximately 15 pounds and is approximately half the physical size of competitor’s scanners. Competitor scanners can also weigh up to 3 times that of the FARO. Packing several miles in, subjected to adverse environmental conditions with 15 pounds of weight as compared to almost 50 pounds is a much easier and safer task to accomplish.

FARO’s SCENE software is specific to the public safety arena;with their forensic extension, ease of use and speed. Competitors area designed as a surveyor’s tool and their software caters to that market. By using the SCENE and Fire Zone software products, officers and agents can create compelling court exhibits to include 2D & 3D diagrams, fly-throughs and animations in far less time compared to competitors. More officers and agents will have the ability to produce state of the art court documents and exhibits, upgrading from the current practice of hand drawing sketches of incident scenes.

FARO’s SCENE software allows users to conduct and produce forensic analysis of blood spatter, suspect height and bullet trajectory which significantly saves time, increases accuracy and offers better forensic understanding which previously was not possible through traditional methods.

The FARO Focus S 350 has a range of error of +- 1mm, the competitors is +- 3mm. The range of the FARO is 350 meters or 1148 feet, two times greater than that of the comparable competitor. The FARO can perform better at scanning tall objects that require the unit to scan at greater than a 45 degree angle. Competitors products when used in scans greater than a 45 degree angle can produce shadows through obstructions. A competitor’s scanner has a deviation of +/- 17,5mm in height over a distance of 20m. FARO’s Focus S 350 has an inclination accuracy of only 18 arcsec, therefore 10 times better than the competitor.

The FARO Focus S 350 offers onsite calibration, superior quality and is ideal for exterior scenes because of the IP rating of 54 which means the unit is dust protected and water resistant, which is where LE&I will be using the scanner predominately.

The FARO Focus S 350 requires a standard SD card which can hold more than 200 Focus scans. While the competitor comes with 2 256GB proprietary super high-speed USB sticks. But 2 sticks are needed to hold 1 workday of scan data, at $800 per USB stick. This equates to 512GB of computer storage when data needs to be loaded, processed and backed up.

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

FARO 3D scanners and SCENE software is proprietary hardware/software and is the industry standard in forensic scene documentation. FARO 3D scanners and SCENE software are currently being utilized by USFS LE&I personnel in Regions 1, 5, 6, 8. It is also utilized by Coordinated Response Protocol (CRP) teams used to facilitate lessons learn on critical incidents. Consistency and standardization of scientific evidence collection methods is imperative to accuracy and efficiency. LE&I officers and agents often travel to other regions to support investigative needs throughout the agency. As such, being able to provide evidence and data collected in a known format is critical to the agencies mission.

Research was conducted by Special Agent Lunders as it relates to FARO and competitor products. As part of the that research, he analyzed, functionality, size, weigh, operability in environment conditions and settings, product and software support, training, cost, and product use by other law enforcement personnel. Base on the factors outlined in this document SA Lunders found FARO provides the best functionality, operability and value to USFS LE&I.

5. Estimated price, including all options, if applicable.

$101,141.98

6. Recommended source(s).

FARO Technologies Inc 250 Technology Park Lake Mary, FL 32746 Phone No. 407-333-9911

Certifications

Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification are accurate and complete to the best of my knowledge.

Travis Lunders, Special Agent

Insert Name of Program or Technical Personnel Insert Title of Program/Technical Personnel

The information contained in this justification is accurate and complete to the best of my knowledge and belief and in accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine the circumstances described above deem only one source, or limited sources, reasonably available and competition is precluded for the reasons indicated in this document.

Barb Darling, Contracting Officer

Insert Name of Contracting Officer Contracting Officer

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

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

For acquisitions greater than the micro-purchase threshold but less than the Simplified Acquisition Threshold (SAT) the Contracting Officer may solicit from one source only 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, etc.). Contracting Officers must document the rationale for soliciting from a single source, including brand name in accordance with FAR 13.106-1(b)(1)(i) and FAR 13.106-3(b)(3)(i).

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.

Posting. When an acquisition contains brand name specifications, the Contracting Officer shall include the justification required by FAR 13.103-1(b) with the solicitation when synopsizing in the GPE (actions exceeding $25,000) or displaying in a public place (actions exceeding $15,000 but not expected to exceed $25,000), as required by FAR 5.102(1)(6).

Screening. Before posting the 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. Signature blocks shall include dates.