REQ-24-2159_SSJ_6-11_FE_Redacted_1_posting_1.pdf

REQUIREMENTS-24-2159

Version 3.0

SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD USING

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS AUTHORITY: FAR

13.501(a), 41 U.S.C. 1901

REQUIREMENTS-24-2159

1. Agency and contracting activity. Department of Commerce (DOC), NOAA Acquisition and Grants Office (AGO), Western Acquisition Division (WAD), Alaska Fisheries Science Center (AFSC), Polar Ecosystems Program.

2. Nature and/or description of the action being approved.

This is a sole source justification for a new Firm Fixed Price (FFP) contract for three (3) FLIR A6751 long wavelength infrared (LWIR) cameras, fitted with three (3) FLIR 25mm lenses, three (3) Pro care recalibration credits for NOAA’s three (3) existing FLIR cameras and three (3) years of recalibration credits for all six (6) cameras. The Government intends to solicit to Steven Paul Magnum, doing business as (DBA) Major Innovations, the only authorized reseller of FLIR cameras, which are proprietary products of Teledyne FLIR. Major Innovations is designated as a Small Business concern.

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

AFSC requires three (3) FLIR A6751 SLS long wavelength infrared (LWIR) cameras fitted with 25mm lenses, as well as calibration services. NOAA also requires maintenance for the three (3) FLIR cameras which includes annual calibration of the equipment. The Independent Government Estimate is $452,757.60, with an estimated base year price of $360,957.60 and an estimated $30,000 per option year, which is limited to calibration and maintenance services. The delivery date is 90 days after award, with three (3) twelve-month option years beginning 07/15/2024 through 07/13/2025.

4. Statutory authority permitting the sole source (including brand name) acquisition.

X 41 U.S.C. 1901, using SAP up to $7.5M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The contracting officer has determined the following circumstances justify the use of a sole source as supported below:

Only one source – Major Innovations is the only authorized reseller of Teledyne FLIR products.

The manufacturer of the FLIR cameras, Teledyne FLIR which is a subdivision of Teledyne Digital Imaging, has stated that there is only one (1) authorized reseller of products designed and manufactured by Teledyne FLIR, and the cameras, lenses and camera equipment are not produced by any other party and are proprietary to Teledyne FLIR. Major Innovations was the identified source. This particular brand name is essential to the requirement and market research indicates similar products do not meet or cannot be modified to meet agency needs. The FLIR camera is essential to meet the existing and growing applications for AFSC’s aerial survey system. This system has been developed to survey in extreme arctic environments, collecting high resolution images from fast moving, fixed wing aircraft at various altitudes without introducing motion blur to the image quality. Although there are multiple aerial mapping cameras on the market, AFSC’s application requirements for species differentiation (2 cm/pixel with < 1 pixel of blur at 160 kts) is extremely unique and imposes a higher standard than typical aerial mapping requirements. Other cameras that can operate at survey speed required for large scale efforts, have less than full frame sensors, which would result in reduced survey area, and requires flying at lower altitudes. Flying at lower altitudes reduces the range of the aircraft and would reduce the extent of the survey area. These are unacceptable risks to the mission, as increased survey efforts at lower altitudes increases risk to personnel onboard the aircraft and risk of disturbance to the target species. This directly leads to the reduction of overall accuracy and quality of the data and precision of the abundance estimate. Reduced quality and precision of data is not worth introducing other camera models into this existing aerial imaging system owned by AFSC.

This specific camera model and lens is currently used in the existing aerial imaging (“Kamera”) system that is being duplicated. Continuity and interchangeability is critical to the specific application criteria, control and integration of the overall Kamera system, as well as data processing software. This specific camera model is needed to integrate with the current Kamera system, which is a custom complex system developed to integrate, combine, and process all of the imagery off of six (6) cameras simultaneously and in real time. It’s critical to maintain the exact camera model to remain consistent with the hardware and software at every step of the process to control the cameras, align the imagery from each camera type to one another, as well as the final processing of the imagery to detect animals. The cameras need to be interchangeable with the existing system and the software system needs to be identical in order to meet the requirements of the multiple science centers using both systems.

Additionally, this requirement also is for the re-calibration of three (3) existing FLIR cameras that were purchased on grants years ago. Not awarding to Major Innovations eliminates the ability to have these cameras serviced by a licensed operator that will maintain the integrity of the warranty.

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

A notice of intent to negotiate a sole source contract will be posted at least fifteen days before issuing a solicitation, as required by FAR 5.203(a). Any responses from interested vendors will be reviewed and considered before issuing a sole source award.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on the Independent Government Estimate. It is expected that Major Innovations’ price will be in line with the IGCE, as it is based on their commercially available catalog pricing. A price analysis will be conducted in accordance with FAR 13.106-3(a)(2).

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted and found no other authorized contractors can provide FLIR cameras as it contains proprietary information and construction from Teledyne. The market research included reviewing mandatory sources, and utilizing the Dynamic Small Business Search tool. Details of findings can be found on the market research report.

9. Any other facts supporting the use of a sole source (including brand name), such as:

All supporting facts have been documented herein.

10. List of the sources that expressed a written interest in the acquisition.

There were no sources that expressed a written interest in this acquisition.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

For future follow-on requirements, the program office will revisit to see if licensing has become available for other sources as it has in the past. Reviews will take place to see if there are ways to overcome any barriers to competition before any subsequent action takes place, if applicable.

12. Technical/Requirements Representative Certification

I certify that this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

Denise Steel Date Contracting Officer’s Representative

13. Office of General Counsel Review

Review

Jillian Stern Date Office of General Counsel

14. Contracting Officer’s Certification and Approval

I certify this justification is accurate and complete to the best of my knowledge and belief.

Approve

Sarah Waugh Date Contracting Officer

6/11/2024

6/11/2024

STEEL.DENISE.MA

RIE.1364328393

Digitally signed by

STEEL.DENISE.MARIE.1364328393

Date: 2024.06.11 12:25:04 -04'00'

JILLIAN STERN

Digitally signed by JILLIAN

STERN

Date: 2024.06.11 12:16:27 -04'00'

WAUGH.SARAH.RO

SE.1505964051

WAUGH.SARAH.R

OSE.1505964051