Signed - JOFOC 2024-28.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

BRAND NAME

REFERENCE: 2024-28 – X-ray Equipment Maintenance Support Services

1. Identification of the agency and contracting activity.

The Securities and Exchange Commission (SEC), Office of Acquisitions, 100 F Street, NE, Washington, DC 20549, proposes to enter into a contract on a basis of other than full and open competition for X-ray Equipment Maintenance Support Services.

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

The SEC intends to award a new purchase order for X-ray equipment maintenance support services . The contract type for the purchase order is Firm-Fixed-Price.

Maintenance and repair services are for X-ray machines located at SEC Headquarters in Washington, DC and nine (9) regional offices located in Atlanta, GA; Boston, MA; Chicago, IL;

Fort Worth, TX; Los Angeles, CA; Miami, FL; New York, NY; Philadelphia, PA; and San Francisco, CA.

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

Travel, labor, replacement parts and equipment replacement to maintain, service, and repair all SEC Smith Detection’s X-Ray machines are required during standard business hours. In addition, recurring training for SEC security and regional office personnel at SEC sites is required and is also anticipated to be for at least two SEC employees per facility and may occur once per year depending on employee turnover and facility needs. The requirement will provide X-ray Equipment Maintenance Support Services at an estimated total cost of for five years (12-month base year and four (4) one-year options).

4. Identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is by FAR 6.302-1(c), entitled, “Brand Name Description.”

5. Demonstration of a brand name product’s unique attributes: unique characteristics of the proposed brand name item and why no other similar item will suffice.

Smiths Detection is the sole responsible source uniquely qualified to perform the complete suite of repair and maintenance services for its products. They are the original equipment manufacturer for the products. All assemblies, subassemblies, and parts are designed, developed, and manufactured by Smiths Detection or by suppliers that Smiths Detection selectively appoints.

Smiths Detection and its Designated Service Partners are the sole source provider for genuine, Smiths-warranty-backed replacement parts for the products. They employ their own specially trained and certified field service team to perform maintenance and repair on the products.

They will not sell any repair or replacement parts to any persons who are not technically trained or are a current Designated Service Partner.

6. Description of efforts to ensure offers were solicited from as many potential sources as practicable, including whether a notice will be publicized and, if not, which exception applies.

A combined synopsis-solicitation will be publicized to Contract Opportunities via https://www.sam.gov.

7. Determination by the CO that the anticipated cost to the government will be fair and reasonable.

Pricing is considered fair and reasonable based on price comparison of the previous two contracts for these services.

8. Description of the market research conducted and results, or a statement of the reason market research was not conducted.

Market research determined that Smiths Detection and their appointed Designated Service Partners are certified and trained to service their products.

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

N/A

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

N/A

11. Statement of any actions the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the services/supplies.

N/A