A.02.05 KO determination_Redacted.pdf

Control No: LRH-FY25-23

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

Funds: Operations & Maintenance Army (OMA) CG funds

Other Funds: Survey Facilities Account

FY: 2024

Name of Proposed Contractor(s) and Address:

Precision Laser & Instrument, Inc.

504 Old Goff Mountain Road

Cross Lanes, WV 25313

Brand Name Buy: Yes No

3. Description of Services or Supplies:

The Trimble X9 LiDAR is the replacement for the FARO LiDAR scan currently a part of the Geospatial survey equipment which is now 10 years old. The mission of all this 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. Due to the aging nature of the infrastructure of the Huntington District, the team has seen an annual increase in monitoring surveys over the past five years.

Period of Performance: 9/30/2025

Total Value:

4. Authority:

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:

The minimum Government need is to procure a LiDAR unit compatible with the existing software and hardware currently in use by the Huntington District and other survey teams inside of LRD. These units will replace the Trimble equipment which is no longer supported for hardware or firmware by Trimble. The Trimble equipment being replaced is 7+ years old and while still functional has reached the end of the life and any repairs or part replacement at this point would result in significant cost to maintain operations.

The X9s are currently the only units compatible with the existing software and hardware package utilized by the LRH Survey Team which provide equivalent features. Other brands could be used to meet mission but would require a complete overhaul of equipment, hardware, and software to meet current 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.

Precision Laser & Instrument, Inc. is the only certified Trimble Authorized Dealer within 100 miles 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.

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

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 software manufacturer. David Chestnut, Aaron Ansell, and Andrew Williams preformed independent internet searches for other systems and held conference calls with various manufactures between January and March 2025. 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 packages. 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. The district will require that the awardee be located within a 100-mile radius of the District Office due to the nature of equipment support and field technical support.