WC2022M40SECK0039 Sole Source Special Notice in PDF AS PUBLISHED for Point Security Maintenance Agreement (Smiths Detection X-ray Units).pdf

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This is NOT a Solicitation. This is instead a Sole Source Special Notice announcing DOT’s intention to award, to Point Security Inc—which is a licensed distributor / servicer of security-screening-equipment manufactured by Smiths Detection, Inc.—a SOLE-SOURCE contract for DOT’s needed contractor-support described below in this Sole Source Special Notice.

1. Agency and Contracting Activity.

US DOT/OST/M-40

OST Office of Security (M-40)

1200 New Jersey Avenue, SE

Attn: Hank Clyatt, Room W54-328

US Department of Transportation

OST, Acquisition Services (M-63)

1200 New Jersey Avenue, SE

Washington, DC 20590-0001

2. Nature/Description of Action(s). Smiths Detection, Inc. is the manufacturer of the HI-SCAN 6046si X-ray Inspection Systems, which are proprietary due to their patented Smiths Detection technologies. Detailed schematics and proprietary system information is provided only to Smiths Detection authorized service personnel. Because Smiths Detection x-rays contain high voltage, personnel who are not properly trained in servicing Smiths Detection x-rays may induce damage to the systems, which may in turn cause personal injury and even death to users. Furthermore, individuals working on Smiths Detection x-rays who are not properly trained and certified by Smiths Detection may void system or component warranties.

Point Security Inc has submitted to DOT a Service Contract Quote, under which Point Security Inc has offered to provide to DOT a Service and Maintenance Agreement for three (3) Smiths Detection HI-SCAN 6046si X-ray systems, during a Base Year beginning on December 1, 2022, and during four Option Years thereafter. The aggregate total price of that Quote, counted across all five potential contract-years, is not being divulged in this Sole Source Special Notice.

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3. Description of Supplies/Services. Stated in procurement-terms, this requirement is to purchase the following:

Purchase Summary:

Purchase Request Item Long Description Quantity Manufacturer

PR #:

WC2022M40SECK0039

Point Security X-Ray Service and Maintenance Agreement at U.S.

Department of Transportation Headquarters

3 Smiths Detection, Inc.

4. Identification of Statutory Authority. Only one responsible source and no other supplies or services will satisfy agency requirements, 41 USC 3304(a)(1); FAR 6.302-1.

5. Demonstration of Contractor's Unique Qualifications. Point Security, Inc. is the only company that is authorized by Smiths Detection, Inc to provide service and maintenance on Smiths Detection x-ray inspection systems. Detailed schematics and proprietary system information is provided only to Smiths Detection authorized service personnel. Because Smiths Detection x-rays contain high voltage, personnel who are not properly trained in servicing Smiths Detection x-rays may induce damage to the systems, which may in turn cause personal injury and even death to users. Furthermore, individuals working on Smiths Detection x-rays who are not properly trained and certified by Smiths Detection may void system or component warranties. DOT already has the Smiths Detection x-ray inspection systems and requires service and maintenance of the technology. As the patent holder and manufacturer of the x-ray inspection systems, Smiths Detection authorized partner Point Security is the only company able to provide the necessary service and maintenance of these systems to DOT. It would not be practicable for

DOT to switch away from the Smiths Detection security-screening-equipment currently being used in DOT’s buildings in the Washington, D. C. metropolitan area.

6. Efforts to Obtain Competition. This Sole Source Special Notice in fact CONSTITUTES the effort mentioned in the header of this paragraph numbered 6.

7 . Determination of Fair and Reasonable Price. The Contracting Officer and the Contracting Officer’s Representative (COR) will jointly examine, and will jointly verify the reasonableness of, the proposed price of whatever entity turns out to be DOT’s ultimately-selected contract-awardee for the needed equipment / services described herein.

HOWEVER, this Sole Source Special Notice is NOT seeking the submission of COST Proposals.

8. Description of Market Research. The Office of Security would normally obtain other company estimates; however, there is no other company that can provide Smiths Detection x-ray service due to their patented Smiths Detection technologies. Detailed schematics and proprietary system information is provided only to Smiths Detection authorized service personnel. Point Security is the only company that can service Smiths Detection X-ray equipment and software. DOT’s Office of Security (M-40) has completed a search of

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Beta.Sam.gov Contract Opportunities for contract awards in the last year that are comparable to this contemplated purchase and have found none.

9. Any Other Supporting Facts. Smiths Detection X-ray Inspection Systems are proprietary and cannot be serviced by non-authorized vendors.

10. Listing of Interested Sources. N/A

11. Actions Taken to Remove Barriers to Competition. The Contracting Officer and the COR do not know of any barriers to competition—except, of course, for the unavoidable fact that Smiths Detection legally holds proprietary rights to that firm’s X-ray Inspection Systems. This Sole Source Special Notice CONSTITUTES DOT’s effort to verify that no source(s), other than the ones mentioned above, will satisfy DOT’s needs. Moreover, it would be the intention of the Contracting Officer and the COR to again publish a notice similar to this one in conjunction with any future follow-on procurement for any similar and additional X-ray equipment which might hereafter be needed by OST’s Office of Security.

12. Statement of Period of Performance and/or Delivery Schedule. Base Year running from December 1, 2022 through November 30, 2023, plus four option years.

By establishing a start date of December 1, 2022, there will be no discontinuity of contractor support for these X-ray inspection systems for which the current contract (693JK418C500004) ends November 30, 2022.

Notwithstanding the formidable obstacles outlined in this Sole Special Notice, any interested entity, OTHER than Point Security, which believes that it is fully-qualified to meet DOT’s needs—at the high level of quality indispensable to DOT, and without creating a security-screening-service-disruption-or-DISCONTINUITY that would be unacceptable to DOT, and without charging a high price beyond DOT’s available budget for the needed security-screening-services described in this Sole Source Special Notice—may e-mail, to james.mowery@dot.gov and to Hank.Clyatt@dot.gov and to Rod.Stephens@DOT.gov; and to Ellen.Polsky@dot.gov, for RECEIPT by DOT not later than 11:30 PM Eastern Daylight Time June 14, 2022, a Statement of Qualifications attempting to prove such capability.

TECHNICAL AND REQUIREMENTS CERTIFICATION:

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

TECHNICAL/ REQUIREMENTS COGNIZANCE:

SIGNATURE/DATE:

Name: Hank Clyatt

Title: Physical Security Specialist, and Contracting Officer’s Representative mailto:james.mowery@dot.gov mailto:Hank.Clyatt@dot.gov mailto:Rod.Stephens@DOT.gov mailto:Ellen.Polsky@dot.gov

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CONTRACTING OFFICER CERTIFICATION. I certify that this Justification is accurate and complete to the best of my knowledge and belief. And since this procurement exceeds the micro-purchase threshold but does not exceed the simplified acquisition threshold, this certification a l s o serves as my approval in lieu of any review by OST’s OSDBU.

SIGNATURE/DATE:

Name: James H. Mowery III

Title: Contracting Officer

Legal Concurrence / Date:

OST Office of General Counsel