A.02.05 KO Determination - Limiting Competition under SAT OC signature - legally sufficient_23P0034_Redacted.pdf

Control No: LRH-FY23-43

Contracting Officer’s Determination – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: USACE, Huntington District, 502 8th Street, Huntington, WV 25701

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order

Blanket Purchase Agreement (BPA) Order/BPA against FSS Contract:

Order against Multiple Award IDIQ Contract:

Order against a single award IDC Contract:

Modification to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours

Cost Reimbursable Hybrid (insert percentage of each contract type)

Funds: Operations & Maintenance Army (OMA) CG funds Other Funds: ECT-G SURVEY ACCOUNT

FY: 23

Name of Proposed Contractor(s) and Address:

Precision Laser and Instrument, Inc.

504 Old Goff Mountain Road

Cross Lanes, WV 25313

Brand Name Buy: Yes No

3. Description of Services or Supplies: Procurement of acquiring three (3) Trimble R750 Receiver Kits to augment the Huntington District’s fleet of Trimble surveying equipment. The mission of all equipment is to enable or collect high accuracy geographical positional data and high accuracy LiDAR data providing accurate geodetic data for dam safety, boundary surveys, topographic surveys, mapping and 202 projects in addition to supporting the Huntington District Geospatial Mission for the collection of high quality, accurate data. The collection of these features will feed into the Huntington District EGIS System. The estimated dollar value for this procurement is $

For Actions without Options:

Period of Performance: Delivered No Later than 7 MAY 2023

Total Value: $

For Actions with Options*:

Base Period: Click or tap to enter a date. (insert completion date)

Option Period 1: Click or tap to enter a date. (insert completion date)

Option Period 2: Click or tap to enter a date. (insert completion date)

Option Period 3: Click or tap to enter a date. (insert completion date)

Option Period 4: Click or tap to enter a date. (insert completion date)

Option Period 5:Click or tap to enter a date. (insert completion date)

Value: $

Value: $

Value: $

FAR Clause 52.217-8 option: Click or tap to enter a date. (insert completion date) Value: $ Total: $

4. Authority: Select the appropriate authority below:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. Justification.

The minimum Government need is to procure three (3) Trimble R750 Receiver Kits within the Geospatial Section’s Survey inventory. Trimble is the only brand that provides these items. Therefore, the use of Trimble brand name descriptions is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company. Precision Laser & Instrument, Inc. is the only authorized Trimble vendor in the area able to offer these products, as Trimble brand equipment has territory boundaries.

b. Alternatives.

Other brands could be used to meet mission, but would require a complete overhaul of equipment, hardware, and software to meet the quality of product currently achieved through Trimble products. Therefore, the use of Trimble brand name descriptions is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

The utilization of Precision Laser & Instrument, Inc.is based off market research and prior solicitation document requirements. Precision Laser & Instrument, Inc. is the only certified Trimble Authorized Dealer within the Trimble territory of the Huntington District Office and maintains a co-located certified Trimble repair facility. Therefore, the use of essential Trimble brand name requires the services of an Authorized Trimble Dealer to meet the Government’s requirements, thereby precluding consideration of a product sold by another vendor.

c. Impact.

Not acquiring this system will hinder operations in the Geospatial Section. The section widely supports Huntington District Mission and the Huntington District WFO mission which has included fourteen districts in the past seven years.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the dollar threshold, apply and will be followed, or do not apply due to an exception at 5.202 (Fill in exception).

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under SAT, no posting required Action is a brand name restriction, under $25K, no posting required

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: The Geospatial Section has not found any other systems by various manufacturers that will meet the mission requirements. All of the current field units and office software processing are Trimble units and the software is proprietary to the hardware and workflow. The District has no other options from a secondary manufacturer. Andrew Williams, Stephen Caldwell, David Chestnut, Aaron Ansell, and Mack McCarty, ECT-G Chief preformed independent internet searches for other systems and held conference calls with various manufactures. The other systems did contain the functionality to complete the field mission to the support the Geospatial mission and integrate seamlessly into the Trimble Software currently utilized. No other systems within the Trimble brand were found to perform the adjustments and integration to the district GIS and Mapping system required for current district mission procedures.

From previous acquisition, it has been found that as stated above, due to Trimble territory boundaries, the Huntington District is only able to purchase Trimble equipment from Precision Laser & Instrument, Inc.

8. Other Facts: Previous Trimble brand procurements for the geospatial division, have all been awarded to Precision Laser & Instrument, Inc. these awards can be found by searching W9123722P0131 and W9123721P0100. These procurements were posted on SAM.gov as small business set-asides with brand name requirements. Though, as mentioned throughout this document, the only available awardee was Precision Laser & Instrument Inc. due to the territory boundaries with Trimble products. Thus, sole souring this procurement instead of posting it on SAM.gov would allow a shorter award time, ultimately allowing the geospatial division to stay within their requested timeline and would not delay the mission.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

05/02/2023

Andrew Williams, Geospatial Technical Lead Date

10:42:06 2023.05.02 '00'04-