SSJ - FARO Equipment Maintenance signed by KO_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification ≤ SAT rev 1 Effective September 2020

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM: Brett Griffith

CODE: Code 623 SUBJECT: Sole Source Justification for Use of Other than Full & Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT)

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.

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.

3. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide

(April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address)

Purchase maintenance support services for previously purchased FARO equipment for the Naval Surface Warfare

Center, Carderock Division (NSWCCD), Fabrication and Technical Support Division’s (Code 62). Services will include, as a minimum, annual calibration and preventive maintenance.

The equipment requiring these services include three (3) measuring arms; three (3) laser line probes; one (1)

8Axis measuring arm accessory; and one (1) 6DOF laser tracker.

Maintenance services for these machines are required by the Division in order to insure the proper operation of equipment and insure the Division’s ability to maintain the current operational demands and project schedules for various NAVSEA projects.

MANUFACTURER:

FARO Technologies, Inc.

250 Technology Park

Lake Mary FL 32746-7115

PHONE: 866-874-1150

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN

COMPETITION

☐ A. BRAND NAME:

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

☐ 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. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment

Manufacturer (OEM).

☐ 3. Other Reasons:

☒ B. SOLE SOURCE

☐ 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. 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 OEM is FARO Technologies, Inc. and has no authorized distributors/resellers. Therefore, FARO is the sole source for the required services.

☒ 3. Other Reasons:

The majority of projects that the Division is tasked with include inspection, data analysis and alignment of major components on major NAVSEA projects, which rely upon the measurements tendered by the FARO equipment.

All the tasks require reliable, accurate, and timely delivery of inspection data, for which Hexagon equipment data plays a critical role. The inspections reports are used to support various codes within NAVSEA, including alignments, reverse engineering, profile scanning, and both in-process and final inspection of fabricated parts.

Any delay due to instrument calibrations or malfunctioning units will cause delays for many NAVSEA projects, dramatically increasing project cost and delaying the project schedule. Customers heavily rely on the accuracy of the FARO equipment and typically request documentation stating the instrument(s) have been calibrated within the past year. Timely delivery of inspection reports critically hinges upon the speed to generate accurate and reliable inspection data, which depends heavily on the yearly calibration certifications and timely maintenance support provided under the maintenance agreements.

FARO Technologies meets all the needs of the Division’s requirements discussed above, offering full calibration and maintenance support for the equipment. Calibrations can only be certified through FARO, the sole source for these products, and are not available through any other commercial organization.

Based upon historical data, FARO’s timely calibration services and maintenance support under the maintenance agreement have been executed (shipped, repaired, calibrated, and returned). Upon return, the instruments have always been within the tolerance specifications with supporting documentation.

The Division previously contracted the maintenance services for the laser tracker and associated probe in FY 19

(N0016719P0351), a three-year contract. During the life of this contract, FARO executed all calibration and maintenance support requirements in an outstanding manner.

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.

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).