Smiths Detection FY 2025 Fully-Signed Brand Brand Name Justification for X-Ray and Service.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOTFOC)

(For Use of Brand Name)

This JOTFOC supports DOT’s use of a COMPETITIVE Small Business Set-Aside Request for

Quotations (RFQ) which will be LIMITED to firms which are AUTHORIZED re-sellers of the

Smiths Detection security-screening x-ray equipment and accompanying compatible software and roller-table and maintenance described below. DOT’s authority for such a purchase is 41

U.S.C. 253 (c)(1) and FAR 6.302-1(a) and FAR 6.302-1(c).

1. Identification of Agency and Contracting Activity:

PR Number: WC2025M40SECK0030

Requestor: Mr. Hank Clyatt, OST Office of Security, M-40, Office of the Secretary, U. S.

Department of Transportation (DOT).

2. Nature/Description of the action being approved:

For use in the security-protection-services provided at the loading dock to DOT’s buildings, M-

40 needs to buy a large parcel X-ray machine manufactured by Smiths Detection, along with accompanying compatible software and a roller-table and maintenance. It is anticipated that this purchase will include substantially the following items and quantities of Smiths Detection items:

1 ea X-ray Inspection System

1 ea Advanced Software Package

1 ea Entrance Roller Table

1 ea Exit Roller Table

1 ea Installation

1 ea Removal of existing system

1 ea Warranty 1-Year

1 ea Freight

1 ea Option Year 1 - Maintenance

1 ea Option Year 2 - Maintenance

1 ea Option Year 3 - Maintenance

1 ea Option Year 4 - Maintenance

M-40 is specifying Smiths Detection as a brand name requirement for this acquisition. However, this purchase will in fact be COMPETED among Smiths Detection-AUTHORIZED small-business re-sellers of such Smiths-Detection-manufactured equipment.

3. Description of the supplies or services required to meet the agency’s needs including the total Estimate Value. (State the total estimated value, including any options, ceiling amounts, and maximum order amounts. If optional quantities or performance periods are included, separately show the value of each (and include the amounts in the total estimated value)).

See paragraph numbered 2 above.

4. Statutory Authority Cited:

This procurement is entered into pursuant to the authority of Title 41 U.S.C. 253(c), “Other Than

Full and Open Competition”, as implemented by the Federal Acquisition Regulation (FAR

6.302-1(a) and FAR 6.302-1 (c), "Only one responsible source and no other supplies or services will satisfy agency requirements”, and “Application of brand name descriptions”.)

5. Reason that the nature of the acquisition requires use of the authority cited

The DOT Security Force (DOTSF) uses x-ray machines as a critical part of the visitor and parcel screening process. The screening process is intended to identify suspicious items and alert the

DOTSF that further inspection is necessary. This process ensures employees and contractors are safe and secure so the mission of DOT can keep moving forward. Currently DOT is using a large parcel x-ray unit that is at the end of its life, and so DOT is now processing this competitive small business set-aside procurement for a new x-ray machine.

The Federal Protective Service (FPS) has standardized and deployed Smiths Detection x-ray machines at all the federal buildings under their control; consolidating to Smiths Detection means officers can move from building to building and contract to contract with minimal training. FPS currently trains all armed contract security officers on Smiths Detection x-ray machines. The armed guard service provider at DOT trains its officers on Smiths Detection X

Ray equipment as part of the security Delegation of Authority and because Smiths Detection X

Ray machines are currently in use at the two FAA headquarter buildings under M-40’s control at

L’Enfant Plaza.

Currently, all members of the DOTSF are trained on Smith Detection x-ray equipment. Having experienced the situation of having to use two different manufacturers’ x-ray machines simultaneously has led DOT to conclude that continuing that practice would pose significant unacceptable risks and challenges, and that using only one manufacturer’s x-ray machines will satisfy the agency’s needs.

Using x-ray machines made by two manufacturers would pose the following insurmountable challenges: (1) DOTSF would have to be trained on the operations and procedures for using different x-ray systems, which would result in an extravagant duplication of costs; (2) Different x-ray systems would have different user interfaces in which the DOTSF must be proficient; (3)

Using two different x-ray systems would create differences in procedures for the officers.

Different manufacturers identify threats differently, and therefore officers would have to be cognizant of which particular type of machine they are using at any moment, so that they could appropriately adjust their expectations. And it would be difficult and dangerous for the officers to repeatedly and instantaneously adjust and re-adjust and reconcile the differences between two different systems—potentially causing life-threatening mistakes in the screening process.

The use of different x-ray systems causes issues with false and positive detection rates for threats by the DOTSF. This is seen in the regular testing of the DOTSF. Threat detection is a core function of the DOT security force. Using different x-ray systems would cause an unacceptable risk to the DOT headquarters physical security. Due to the issues caused by having differing x-ray systems, DOT could end up with missed detection of possible security threats such as weapons or an improvised explosive device.

The guard force at FAA Headquarters buildings (10A and 10B) that are included in the scope of this Brand Name Justification are M-40’s responsibility. The security equipment at the FAA HQ buildings is the responsibility of the Federal Protective Service (FPS), and FPS has their installed FPS’s standard Smiths Detection x-ray machines. FPS has standardized on Smiths

Detection x-ray machines and provides guard force training on Smiths Detection x-ray equipment to DOT’s security officers.

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

On July 21st, 2025, this Brand Name Justification / Sole Source Justification was published, in

SAM.gov, as Brand Name / Sole Source Special Notice No. 693JK425R500008, along with a request that any interested X-Ray machine manufacturer other than Smith’s Detection submit, to james.mowery@dot.gov and to Hank.Clyatt@dot.gov, by 11:30 PM Eastern Daylight August 2, 2025, a Statement of Qualifications attempting to explain how and why the submitting manufacturer would able to provide, to DOT, the Department’s needed X-Ray equipment and also all of the associated supporting compatible software and maintenance mentioned in this

Notice, on overall terms just as favorable and just as useful to DOT, and just as efficiently, as could be provided to DOT by Smiths Detection as the manufacturer. Only one company, Rapiscan, Inc., responded to that Special Notice, by submitting a Statement of Qualifications to

DOT. But on August 4, 2025, this procurement’s COR, Mr. Hank Clyatt, issued a Technical

Evaluation Report which found that Rapiscan’s Statement of Qualifications had failed to show that Rapiscan could meet DOT’s needs in this procurement.

7. Determination by CO that Price is Fair and Reasonable:

The small-business-set-aside COMPETITION to be obtained in this procurement’s Smiths

Detection authorized-reseller RFQ to be published in SAM.gov—and Mr. Hank Clyatt’s and Mr.

James Mowery’s forthcoming scrutiny of the prices proposed in the Quotations submitted to

DOT in response to that RFQ—will ensure the fairness and reasonableness of the price mailto:james.mowery@dot.gov mailto:Hank.Clyatt@dot.gov ultimately paid by DOT for the Department’s needed Smiths-Detection-manufactured X-Ray equipment and accompanying compatible software and roller-table and maintenance.

8. Description of Market Research Conducted:

M-40 performed its own market research and used the results in displaying the detailed estimated

Line Item prices shown above. However, this procurement’s above-mentioned published-in-

SAM.gov Brand Name Justification / Sole Source Special Notice—and the forthcoming

SAM.gov RFQ to be LIMITED to authorized re-sellers of Smiths Detection equipment—can and should be considered a significant extension of the market research performed by M-40.

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

No additional facts are cited in this section 9, because the ones cited above are considered to be more than sufficient to support DOT’s subject Brand Name Justification / Sole Source purchase.

10. Listing of sources that expressed an interest in this acquisition

Only Rapiscan, Inc., as mentioned above.

11. Actions Taken to Overcome Competition Barriers for subsequent acquisition.

Mr. Clyatt and Mr. James Mowery know of no competition-barriers that might exist in any subsequent similar acquisition—except for competitive free-market-forces beyond the control of

DOT. And Mr. Clyatt and Mr. Mowery therefore have not taken—and indeed would be insurmountably challenged even to try to formulate—any actions to overcome any such barriers.

Hank Clyatt

Supervisory Physical Security Specialist/DOT COMSEC Account Manager

Physical and Technical Security

DOT Office of Security, M-40

James H. Mowery III

Contracting Officer

DOT / OST / M-63

CONCUR AS TO LEGAL SUFFICIENCY:

Laura E. Wainwright

Attorney

DOT Office of General Counsel