SPMYM121Q0032_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPMYM1-21-Q-0032

[ X ] ORIGINAL

1. The Defense Logistics Agency, DLA Maritime Norfolk, is the contracting activity.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis. The procedures in FAR subpart 13.5 will be used in accordance with 41 U.S.C. 1901.

3. The supplies required to meet the using activity’s needs are described as follows:

CLIN DESCRIPTION P/N QTY EST. UNIT

PRICE

EST. TOTAL

VALUE

FARO S150 Plus Automation Ready

3D Scanner with 3D Ship Build 150m PLUS Bundle and accessories

S150 and

3DSHIPBUILD150X 2 EA EA

EST. TOTAL AMOUNT

The Norfolk Naval Shipyard (NNSY) is in need of two (2) 3D scanners that include hardware, accessories, and software. NNSY’s engineers will utilize the 3D scanners to capture the current state and condition of a ship in order to effectively plan for its overhaul, maintenance, and repair at NNSY.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS): Not Applicable

MAXIMUM CONTRACT VALUE:

4. The statutory authority permitting other than full and open competition is:

10 U.S.C. 2304(c)(1) - Available from only one responsible source and no other type of property or services will satisfy the needs of the agency.

The use of the authority cited above is based on:

The 3D laser scanner equipment requested is manufactured specific to Faro Technologies, Inc. (Cage Code - 0VGY2). This equipment is required to support shipboard inspections by capturing the current state and condition of a ship in order to effectively plan and execute the overhaul, maintenance, and repair availabilities performed at the Norfolk Naval Shipyard (NNSY). All laser scanners require calibration. Any new equipment from a different manufacturing source must be approved by Navy Metrology and Calibration (METCAL) testing program. The Faro Technologies, Inc. equipment has already been evaluated and approved by the Navy’s METCAL program, and Faro’s calibration methods are accredited for use. Additionally, every brand of scanner utilizes software to process data. The purchase of a different brand of scanner would also require purchasing additional software from what NNSY already has in use. This would require additional training to NNSY personnel. Therefore; the purchase of any other manufacturing source or equipment result in the duplication of resources, cost, and time to the Government that would not be recovered through competition. At this time, there is no other known source of supply that has been METCAL approved and capable of providing compatible equipment to the Faro Technologies, Inc. equipment and software already in use. Although this acquisition is being restricted to Faro Technologies, Inc., the Government expects to receive competition among dealers of the Faro scanners.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

Faro Technologies, Inc., Cage Code – 0VGY2.

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

This acquisition will be synopsized and solicited on beta.SAM.gov to encourage potential supplier participation. Any interested party that requests a copy of the solicitation will be provided one.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 13.106-3(a), the Procuring Contracting Officer will make a determination of fair and reasonable of pricing based upon comparison of the proposed price with prices found fair and reasonable on previous contracts, as well as other cost, price, and buyer analysis. Information from market research, governmental sources, and Producer Price Index Industry (PPI) Data will also be used to help establish price reasonableness when needed.

8. Market Research/Efforts to Obtain Competition:

A sources sought notice was posted to beta.SAM.gov on 17 February 2021 with a closing date/time of 9:00 a.m. (EST) on 25 February 2021. Two (2) responses were received as a result of this notice. The following interested parties responded to these notices: Harrier Services LLC. (Cage Code - 8SR94) and Hexagon US Federal (Cage Code – 63CL1). The two (2) vendors responding to this notice failed to identify a specific brand of equipment, but both vendors expressed general interest in subject requirement. Further review of the results received from the previous sources sought notice, reference Requisition No.

N42158-0077-B304, Solicitation No. SPMYM1-20-Q-0140, yielded four (4) responses. The previous sources sought notice was publicized to beta.SAM.gov on 29 May 2020 with a closing date of 2 June 2020. The following interested parties responded to the previous notice: ELogic Inc. (Cage Code - 4QTF4), Computer Cabling of Ga. Inc. (Cage Code - 074S7), QPL Technologies, Inc. (Cage Code - 1M0S8), and Hexagon US Federal (Cage Code - 63CL1). ELogic Inc. and QPL Technologies, Inc.

demonstrated the ability to support and provide the Faro Equipment. The responses received from Computer Cabling of Ga. Inc. and Hexagon US Federal failed to identify a specific brand of equipment, but expressed general interest in subject requirement. Hexagon US Federal was one of the two responses received to the current notice, which resulted with receiving the same general interest response as before. Based on the results of the current and previous sources sought notice, the Government expects to receive competition among dealers of the Faro scanners.

Prior purchase history for a similar scanner was located. Similar item determination is based off of manufacturer part number, size, other material dimensions, and description. DLA Maritime Norfolk awarded contract SPMYM1-20-P-2115 on a sole source basis for a similar scanner on 17 July 2020, in the total amount of $171,424.00. The similar scanner awarded on contract SPMYM1-20-P-2115 consisted of Faro Technologies, Inc. part numbers S350 and 3DSHIPBUILD350X. The current requirement is for Faro Technologies, Inc. part numbers S150 and 3DSHIPBUILD150X. Additionally;

the Simplified Acquisition Award Documentation for contract SPMYM1-20-P-2115 shows two small businesses submitted offers for the FARO S350 3D scanner: DiCarlo Precision Instrument, Inc. (Cage Code – 1QF57) and Royal Media Networks Inc. (Cage Code – 50YY0). A similar Faro 3D scanner was also located on GSA Advantage. However; after speaking with a Faro representative, the representative informed the Acquisition Specialist that the 3D Ship Build 150m PLUS Bundle is not available on GSA Advantage. Therefore, this requirement will not be solicited on GSA eBuy and will be publicized on beta.SAM.gov.

The Acquisition Specialist contacted knowledgeable individuals within the Government regarding market capabilities, published a sources sought notice, reviewed the results of recent market research undertaken to meet similar requirements, analyzed similar past procurement history requirements, queried Government-wide databases, and also reviewed catalogs and other product information available on the internet. Based on the information above and outlined herein; there is no indication or reasonable expectation that any other manufacturing source would have the capability or resources available to support this requirement. Therefore, the Acquisition Specialist has determined Faro as the only source capable of providing the required items approved by Norfolk Naval Shipyard (NNSY) at this time.

Although this acquisition is being restricted to Faro Technologies, Inc., the Government expects to receive competition among dealers of the Faro scanners.

Information received regarding the commerciality of the item(s):

In accordance with FAR 10.002(b), market research has been conducted to determine if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs. The results of market research establish that the Faro 3D laser scanner is generally available in the commercial marketplace and has been offered for sale and lease to the general public. Based on the results of the market research conducted, the Acquisition Specialist has determined that the Faro S150 3D laser scanner and accessories meet the FAR 2.101(1)(i) definition of a commercial item.

Per DFARS 212.102(a)(ii)(A), the Contracting Officer (KO) may presume that a prior commercial item determination made by a military department, a defense agency, or another component of DoD shall serve as a determination for subsequent procurements of such item. Therefore, the previous commercial item determination (CID) established for the same material under Requisition No. N42158-0077-B304, Solicitation No. SPMYM1-20-Q-0140 still applies. The previous CID was approval and signed by the KO on 13 August 2020. After further review of the contract file documentation for Requisition No.

N42158-0077-B304, this requirement was cancelled prior to contract award. Solicitation SPMYM1-20- Q-0140 was issued on 24 September 2020 with a closing date and time of 28 September 2020 at 9:00 a.m. (EST). On 30 September 2020, an Amendment was issued to cancel the solicitation in its entirety.

The requirement was cancelled after the Acquisition Specialist received notice that the funding for the requirement had been pulled prior to the end of the Fiscal Year (FY).

[ X ] A market survey was not conducted due to:

Based on the results received from multiple other market research techniques used, a formal market survey was not conducted. The Acquisition Specialist contacted knowledgeable individuals within the Government regarding market capabilities, published a sources sought notice, analyzed similar past procurement history requirements, queried Government-wide databases, and also reviewed catalogs and other product information available on the internet.

9. A listing of sources, if any, indicating an interest in the acquisition is:

Harrier Services LLC. (Cage Code - 8SR94) Hexagon US Federal, (Cage Code - 63CL1) Faro Technologies, Inc., (Cage Code – 0VGY2) DiCarlo Precision Instrument, Inc., (Cage Code – 1QF57) Royal Media Networks Inc., (Cage Code – 50YY0) ELogic Inc., (Cage Code - 4QTF4) Computer Cabling Of Ga. Inc., (Cage Code - 074S7) QPL Technologies, Inc., (Cage Code - 1M0S8)

10. The following actions are being taken to identify additional sources:

As previously conveyed, this acquisition will be synopsized and solicited on beta.SAM.gov to encourage potential supplier participation. Should the solicitation result with an alternate offer identifying another manufacturing source of supply, interested parties will be informed of the Navy’s METCAL testing requirement and procedures. If another manufacturing source becomes approved, future acquisitions will allow and provide for manufacturer competition. Additionally, future requirements will also be publicized on beta.SAM.gov to encourage potential supplier participation.

11. Because prior procurements were awarded below the simplified acquisition threshold, there are no prior J&A’s per DFARS PGI 206.303-2.

APPROVAL/CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $700,000, this signature serves as the approval.

6/11/2021 Contracting Officer Date

I have reviewed and find this justification to be legally sufficient:

DLA Office of Counsel Date Signature

SPENN.AMAND

A.R.1283715090

Digitally signed by

SPENN.AMANDA.R.128371

Date: 2021.06.11 14:58:41 -04'00'

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer

[ ] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)