Sole Source_KO signed_Redacted.pdf

Statement Supporting JMLs: 36SLE82514S01 KOIs 020 & 021

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source 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 or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

This is a two‐part remote measurement system to be used during submarine overhauls as part of the SLE program, in accordance with NAVSEA written manual requirements. The system consists of a Newton Labs model NM200UW laser scanner (complete with scanner head, control unit, software and cable) and a PT200UW

Pan‐Tilt Arm used to control position and orientation of the laser scanner head. The required brand name/sole source vendor is:

Newton Research Labs

441 Southwest 41st Street

Renton, WA 98057

Phone: (425) 251‐9600

Vendor POC is John Bramblet (at company phone listed above)

Required delivery date is 5 February 2021. (Note manufacturer lead‐time is approximately 10 weeks after receipt of order.)

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

IS BASED ON THE FOLLOWING (select all that apply):

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. _X_ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

The remote measurement system identified is a low‐volume, commercially available, but built‐to‐order product.

Because it is a low‐volume and built‐to‐order, rather than off‐the‐shelf product, it is only sold directly by Newton

Labs, and not through any distributors or re‐sellers.

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. _X_ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

This system supplements the remote camera inspection system being ordered separately on JMLs 0155V000 through 0155V011. After completing inspections with the camera, this system will be used to take remote 3D measurement data of any areas of concern identified by the inspection system. Because no single system is capable of performing the necessary inspections and measurements at the required accuracy, separate inspection camera and measurement systems are being ordered to meet NAVSEA technical requirements.

As with the inspection camera system, there are a number of specific written NAVSEA requirements which must be met for this measurement system. Requirements such as the specific operating environment for the measurement system, specific locations and feature sizes requiring measurement, and opening sizes and allowable offset distances cannot be listed in an open solicitation without divulging non‐releasable information.

Ultimately, the selected measurement system must also undergo acceptance testing and approval by the Prime

Contractor and NAVSEA; purchase of an underperforming system risks wasting significant funds if approval is not obtained.

During upcoming overhauls, various inspections are required. Measurements are then required for any areas/conditions where questions or potential issues are observed during inspections. For previous overhauls of the same submarine class, detailed inspection/measurement methods and equipment requirements were specified in two separate NAVSEA manuals: one Equipment Technical Manual, and one Servicing Manual. These previous manuals required the use of a specific Welch‐Allyn “Shadow Probe” for taking measurements of suspect areas/conditions. The Welch‐Allyn system was never a fully capable or user‐friendly one, and is now obsolete.

To support current inspection and measurement requirements for the upcoming SLE program, the aforementioned manual sections are being/will be modified and included in equivalent manuals. An upcoming revision to the equivalent section of the Equipment Technical Manual has been approved, but updates to the

Servicing Manual are not yet available. The revised technical manual section no longer specifies the exact equipment to use for measurements, but instead specifies certain minimum requirements that the measurement system shall meet, including completion of an approved testing regimen.

Key requirements from the updated Technical Manual section include the following:

a) unimpaired functioning in the expected operating environment

b) capabilities allowing measurement of features of specific sizes

c) system manipulation allows measurement of features on any and all required surfaces

Code 2370 researched various options for potential measurement systems. Current video probes which have replaced the previously‐specified and now obsolete Welch‐Allyn probe are certainly more capable. However, these probes still have limited viewing/measuring range and require precise positioning in very close proximity to the measurement area, and will likely lead to contact between the probe tip and measurement area, which is highly undesirable. Designing and building a system to precisely deploy and position a video probe would be extremely difficult, time‐consuming and costly. Additionally, based on usage in the required operating environment, considerable post‐use maintenance and potential replacement of costly probe tips would be expected. A number of commercially‐available, contactless 3D measurement systems (e.g., coordinate‐ measuring machines, laser scanners, photogrammetry systems) now exist, and are much more desirable for our application than a video probe. However, most are not rated for our required operating environment. Of the few capable of handling our operating environment, only this Newton Labs NM200UW laser scanner was found capable of delivering the required functionality and measurement accuracy. Additionally, Newton Labs provides the PT200UW Pan‐Tilt Arm for precise positioning and orientation of the scanner, providing a proven positioning solution, rather than needing to expend significant time and resources developing our own positioning system.

A couple additional points worth noting include:

1) The two‐part Newton Labs system (NM200UW & PT200UW) is designed and built in the USA by an American company.

2) During discussions with Newton Labs regarding system functionality, it was learned that a Prime Contractor has previously tested and purchased the NM200UW. Formal documents from the Prime Contractor show that testing has confirmed the measurement system meets advertised measurement accuracy. (This bodes well for NAVSEA/Prime Contractor approval of the Newton Labs system in our application.)

Based on the above requirements and evaluation, and considering the need to perform testing and obtain subsequent Prime Contractor/NAVSEA approval of the selected system, sole‐sourcing of the Newton Labs measurement system (NM200UW with PT200UW) is justified.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: 4/24/2020 (Tech Manual updates approved)

2. Required delivery date/period of performance: Controlling factor is FY 20 funds (RDD is 2/5/21)

3. Explanation of why delivery/commencement of services by the date mentioned above is required: There is no absolute cut‐off for the Required Delivery Date. However, due to the cost of the item, it must be purchased with FY 20 funds budgeted for this purpose. The system must be purchased, tested/evaluated, and approved by NAVSEA (which will all take several months) prior to the start of training for the first SLE overhaul; the current approximate training start date is in October of

2021. Testing and evaluation of the system will not begin prior to January of 2021, and would likely occur after similar work on the separate camera inspection system in January. A February delivery date is well beyond the vendor’s 10 week lead‐time, given the need to initiate the contract with FY 20 funds prior to the end of September.

4. If appropriate, include any additional pertinent information:

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Contracting Officer Approval:

Signature Name (Printed) / Phone # Date