Redacted Final Limiting-Competition-under-SAT_ACC.pdf

Control No: W45N7V928100NX

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Army Contracting Command Redstone Arsenal Corpus Christi Army Depot, Contracting Office (CCAM-ALC) 9035 Ocean Dr. Bldg. 10, Mail Stop 18 Corpus Christi, TX 78419-5260.

2. Description of Action:

Nature: New Requirement

Contract Vehicle: Purchase Order Number To Be Determined.

Blanket Purchase Agreement (BPA) Number _______________

Order/BPA# _______ against FSS Contract #_____ _________

Order #___________ against Multiple Award IDIQ Contract Name or #______________

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) Other Funds: Army Working Capital Funds FY: 2020

Name of Proposed Contractor and Address:

Carl Zeiss Industrial Metrology, LLC 6250 Sycamore Lane N.

Maple Grove, MN 55369

Brand Name Buy: Yes No

3. Description of Services or Supplies: This requirement is for the procurement of a Coordinate Measuring Machine (CMM) Software Maintenance Agreement (SMA), supporting of eleven (11) CMMs. The SMA includes all releases and updates for the licensed software covered by the SMA for twelve (12) months

CLIN Structure is as follows:

CLIN 0001 Zeiss CMM Software Maintenance, 1 each, CLIN 0002 Enterprise Contract Manpower Reporting, 1 each, NSP

Period of Performance: 12 Months, 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.

5. Reasons for Authority Cited:

Carl Zeiss Industrial Metrology, LLC is the only vendor capable of providing the required software maintenance, since it retains all proprietary rights to the software utilized on the CMMs, and it does not utilize resellers or distributors.

This software is utilized to capture exact, repeatable measurements to minute fractions of an inch that are required within the aeronautical industry to safely produce rotary wing aircraft components. Currently, there is no software maintenance agreement in place for the CMM software. If software issues or problems occur, it could lead to a shutdown of production, which would impede the Army’s ability to return aircraft to the fleet in a timely manner.

Based on the information above, this requirement will be sole sourced to Carl Zeiss Industrial Metrology, LLC

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 apply and will be followed.

7. Market Research: In accordance with FAR Part 10, market research has been conducted for this acquisition by Jonathan Rogers –Requirer and Terry Clark – Contract Specialist.

The following market research techniques were used:

Contact with knowledgeable individuals in Government and Industry regarding the commercial nature of this requirement:

Lyndon Ploeger, CCAD IT Industrial Automation Branch, July 2019: Learned from Mr.

Ploeger that there is currently no software maintenance agreement in place for the Zeiss CMM software. Also it was learned that with no agreement in place, software issues or problems would result in significant extra cost and downtime to several production work centers.

Gloria Kruger, Carl Zeiss Industrial Metrology, LLC, July 2019: Learned from Ms. Kruger that Carl Zeiss Industrial Metrology, LLC owns the proprietary rights to the CMMs and the software. They do not provide products or support through distributors or resellers.

Paul Bernal, CCAD IT Plans & Architecture Division: Learned from Mr. Bernal that CHESS RFI #216747181 was submitted and responses were all "no bid.” CHESS SONA #216747181 was provided.

Review of Government and/or Commercial Databases for relevant information:

Review of SharePoint IT Acquisitions folder for any previous procurements for Zeiss CMM software. Reviewed of contract # W912NW-17-P-0074, which was for a Zeiss software upgrade. Confirmed Carl Zeiss Industrial Metrology, LLC is the sole source for this product.

Other: Internet web search utilizing Google, as follows:

https://www.google.com/search?source=hp&ei=rUbYXdUGx6C1Ba2cpPgM&q=ZEISS+ CMM+SOFTWARE+MAINTENANCE&oq=ZEISS+CMM+SOFTWARE+MAINTENANCE &gs_l=psy-ab.3...2136.2136..2958...0.0..0.206.206.2-1......0....2j1..gws-wiz.apPf8OVkh44&ved=0ahUKEwiVkbXj1f7lAhVHUK0KHS0OCc8Q4dUDCAs&uact=5# spf=1574455033155 https://www.zeiss.com/izm/services.html https://www.zeiss.com/izm/services.html#bestfit https://www.zeiss.com/izm/services.html#calibration-methods https://www.zeiss.com/izm/services.html#software https://www.zeiss.com/izm/services.html#form-measurement

8. Other Facts: Contract History includes the following:

W912NW-18-P-0049; Carl Zeiss Industrial Metrology LLC. (Cage: 1DUR9); Award Date: 13 April 2018, Delivery Date: 14 May 2018; Total Contract Value: $37,359.00;

Firm Fixed Price

W912NW-17-P-0074; Carl Zeiss Industrial Metrology LLC. (Cage: 1DUR9); Award Date: 27 April 2017, Delivery Date: 21 June 2017; Total Contract Value: $136,114.00;

Firm Fixed Price

9. Technical/Requirements Certification: ***See Brand Justification Memorandum, dated 18 September 2019 for technical/requirements certification.

https://www.google.com/search?source=hp&ei=rUbYXdUGx6C1Ba2cpPgM&q=ZEISS+CMM+SOFTWARE+MAINTENANCE&oq=ZEISS+CMM+SOFTWARE+MAINTENANCE&gs_l=psy-ab.3...2136.2136..2958...0.0..0.206.206.2-1......0....2j1..gws-wiz.apPf8OVkh44&ved=0ahUKEwiVkbXj1f7lAhVHUK0KHS0OCc8Q4dUDCAs&uact=5#spf=1574455033155 https://www.google.com/search?source=hp&ei=rUbYXdUGx6C1Ba2cpPgM&q=ZEISS+CMM+SOFTWARE+MAINTENANCE&oq=ZEISS+CMM+SOFTWARE+MAINTENANCE&gs_l=psy-ab.3...2136.2136..2958...0.0..0.206.206.2-1......0....2j1..gws-wiz.apPf8OVkh44&ved=0ahUKEwiVkbXj1f7lAhVHUK0KHS0OCc8Q4dUDCAs&uact=5#spf=1574455033155 https://www.google.com/search?source=hp&ei=rUbYXdUGx6C1Ba2cpPgM&q=ZEISS+CMM+SOFTWARE+MAINTENANCE&oq=ZEISS+CMM+SOFTWARE+MAINTENANCE&gs_l=psy-ab.3...2136.2136..2958...0.0..0.206.206.2-1......0....2j1..gws-wiz.apPf8OVkh44&ved=0ahUKEwiVkbXj1f7lAhVHUK0KHS0OCc8Q4dUDCAs&uact=5#spf=1574455033155 https://www.google.com/search?source=hp&ei=rUbYXdUGx6C1Ba2cpPgM&q=ZEISS+CMM+SOFTWARE+MAINTENANCE&oq=ZEISS+CMM+SOFTWARE+MAINTENANCE&gs_l=psy-ab.3...2136.2136..2958...0.0..0.206.206.2-1......0....2j1..gws-wiz.apPf8OVkh44&ved=0ahUKEwiVkbXj1f7lAhVHUK0KHS0OCc8Q4dUDCAs&uact=5#spf=1574455033155 https://www.google.com/search?source=hp&ei=rUbYXdUGx6C1Ba2cpPgM&q=ZEISS+CMM+SOFTWARE+MAINTENANCE&oq=ZEISS+CMM+SOFTWARE+MAINTENANCE&gs_l=psy-ab.3...2136.2136..2958...0.0..0.206.206.2-1......0....2j1..gws-wiz.apPf8OVkh44&ved=0ahUKEwiVkbXj1f7lAhVHUK0KHS0OCc8Q4dUDCAs&uact=5#spf=1574455033155 https://www.zeiss.com/izm/services.html https://www.zeiss.com/izm/services.html#bestfit https://www.zeiss.com/izm/services.html#calibration-methods https://www.zeiss.com/izm/services.html#software https://www.zeiss.com/izm/services.html#form-measurement

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Signature:

1/23/2020

X Dawyn M. Martinez

Dawyn M. Martinez

Contracting Officer

Signed by: MARTINEZ.DAWYN.M.1246637551 Dawyn M. Martinez

Contracting Officer