Sole Source Justification Cruz Assist.pdf

US Forest Service

Solicitation No. 12443921Q0035

CRUZ ASSIST SYSTEM FOR THE NATIONAL TECHNOLOGY AND DEVELOPOMENT CENTER

Justification & Approval

Natural Resources and Environment (NRE) Mission Area

United States Department of Agriculture

Federal Acquisition Regulation (FAR) Part 6.3 or 13.5, 41 U.S.C. 1901

1. In accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine that the Cruz Assist System listed on IAS Requisition No. 1033946 , is available from only one source, and competition is precluded for the reasons indicated below. There are no substitutes available.

2. This acquisition is restricted to the following source:

Company: Holtz Forestry, LLC

Company Address: 31845 Old Spur Rd, Huson, MT 59846

Company Point of Contact and Phone Number: Lucas Wells

Phone No.: 406-200-8050

DUNS: 117027431

3. The Machine Vision System are estimated to cost $90,000 for the base year and $90,000 for per option year and is required to be:

The continued refinement and commercialization of the Cruz Assist system for identifying, locating, and determining dendrometric attributes of trees in the forest for use in forest management.

4. The requested item/service are described as:

The requested service requires the refinement and commercialization of a system based on patent number 62/618,158 that the source is a principal inventor on. The system is capable of identifying, locating, and determining dendrometric attributes of trees for use in forest management. The requested service will be setting up for production of the units and commercializing an all-purpose mapping vest and web app that performs stand level statistics on multiple stand types.

The system will be capable of integration into John Deere equipment and will assist foresters in identifying and designating individual trees for harvest. Forest equipment operators will be provided with information needed to determine the optimal selection of trees according to a silvicultural prescription.

5. Specific characteristics of the requested items/service limit the availability to a sole source as follows:

The source is named as a principal inventor on a patent that is the basis for the requested work.

Only this suggested source can furnish the requirements, to the exclusion of other sources, because:

This project is being developed in partnership with John Deere through a Cooperative

Research and Development Agreement (CRADA). Under the CRADA the Forest Service is Legally Obligated to provide John Deere an option to an Exclusive license of all inventors. John Deere entered into the CRADA with the assumption that the source would continue working on this project. The CRADA would be jeopardized if the source could not continue working on the project.

This project involves working with a private company where intellectual property is a concern. Changing partners would create competitive concerns for parties involved.

6. Check and fill in all that are applicable:

☐ The material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. The current equipment is:

And the new item/service must coordinate, connect, or interface with the existing system by:

☒ A patent, copyright, proprietary data, or licensing agreement limits competition. The proprietary data are described as follows:

• Patent number 16/249,529 includes the source as a principal inventor

• The CRADA agreement with John Deere requests the continued participation of

Holtz Forestry, the inventor of the machine vision system. Not sole sourcing would jeopardize this CRADA.

☐ These are "direct replacement" parts/components for existing equipment:

☐ Other information to support a sole-source buy:

CERTIFICATION

I certify that statements checked and information provided above are complete and correct to the best of my knowledge. In accordance with FAR 13.106-1(b)(1),the processing of this sole-source justification precludes the use of full and open competition.

/s/Jenny Perth_________________ Jenny Perth Date: 10 June 2021 Project Officer

_/s/Robert R. Sigler_______________ Robert R. Sigler Date:16 june 2021 Contracting Officer U. S. Forest Service