Sole source justification by Robert Ferrand

UNITED STATES DEPARTEMENT OF HOMELAND SECURITY U.S. BORDER PATROL – HORSE PATROL – SAN DIEGO SECTOR

SADDLE FIT MANAGEMENT PROGRAM SOLE SOURCE JUSTIFICATION August 29, 2003

Description of supplies, equipment or services to be provided.

1. Saddletech Gauge Mk II and Method for Measuring Animal Backs and Saddles (U.S. Patent # 6,334,262), including formula to compensate for variations of weight of rider relative to weight of horse to define arc and angle measurement of the horse's back in order to select or correct the fit of the corresponding saddle. 2. Saddletech Computer Saddle Fitting System, electronic Sensor Pad with a 256 resistive sensor array and Saddletech Multiplexer that measures interface pressure between a horse's back under the load of rider and saddle, providing actual pressure measurement data to the computer program. 3. Saddletech Force Management Software - Computer software program that measures the actual interface pressure of a loaded three-dimensional polyform surface of the saddle against the horse’s back, providing the data in numeric values as well as graphic forms. 4. Saddletech Adjustable Jig Mk II - that duplicates the gauge measurements and allows for variations in shape determined by aforementioned formula. The Adjustable Jig is used to develop threedimensional form for the manufacture of unique Orthotic device for each horse, which is used to correct for the variation in shape between the animal's back and the underside shape of any saddle (patent pending). 5. Saddletech Portable Infrared Oven, required to heat PETG thermoplastic to required temperature for the manufacture of thermoplastic Orthotic. 6. Secure Storage – aluminum locked cases for all above equipment. 7. 30 PETG Plastic Shaped Flat Sheets – Basic part from which Orthotics are manufactured. 8. 30 Saddletech Saddle Pads – Cordura top with Border Patrol Colors and 65% Wool/40%Acylic Blend base against horse, with ¾ Sunland Foam Padding insert. Full Dress with Embroidered Border Patrol Logo and Horse Name and edge trim taping for Parade Use Only – One for each horse. Additional Units purchase as required. 9. 30 Saddletech Saddle Pads – Cordura top and 65% Wool/40%Acylic Blend base with ¾ Proprietary Sunland Foam Padding insert. Field Service Pads – with Embroidered Border Patrol Logo and Horse Name, for Field Operations Use – One for each horse. Additional Units purchase as required. 10. Training & Certification - On site 2 Days with Robert Ferrand, patent-holder and inventor of the Saddletech System of devices, methods and formulas. 11. Training Video - Produced - On site - specifically produced for U.S. Border Patrol. 12. Training & Certification - Follow up – Four days per year or as required.

Estimated Value.

START-UP COST PATENT LICENSE

MATERIALS

TRAINING & CERTIFICATION

Saddletech Gauge Mk I I Saddletech Computer Saddle Fitting System Saddletech Force Management Software Saddletech Adjustable Jig Saddletech Portable Infrared Oven Secure (Aluminum) Storage for System First Year Initial Patent Licensing Fee

2,100 5,000 2,000 8,250 1,500 3,000

30 PETG Plastic Shape Flat Sheets @ 100 30 Saddletech "Dress" Saddle Pads @200 30 Saddletech "Field" Saddle Pads @175 "Orthotic" Basic Materials

3,000 6,000 5,500

Training & Certification 2 days @ $1,000 / day Training Video Produced On-Site Training & Certification 4 Days @ $1,000 Day Basic Training

2,000 5,000 4,000

Total Program "Start-Up" Cost - Approx. $ 100 / Horse / Month

18,850

9,000

11,000

$ 38,850

LICENSE - Annual PATENT LICENSE

2,880 8,000 1,600 8,250 500 0 $

21,230

14,500

Saddletech Computer Sensor Pad 2 Times Per Year @ $500 each

1,000 $

1,000

Training & Certification 4 Days /Yr @ $1000 / Day

4,000 $

4,000

19,500

MAINTENANCE - Annual MATERIALS

CALIBRATION TRAINING & CERTIFICATION

REPLACEMENT ORTHOTICS (OPTIONAL) 30 PETG Plastic Shape Flat Sheets @ 100 30 Saddletech "Dress" Saddle Pads @200 30 Saddletech "Field" Saddle Pads @175 "Orthotic" Basic Materials

Total Annual Maintenance Cost

Total Annual Maintenance Cost - Approx. $ 100 / Horse / Month

3,000 6,000 5,500

$ 40,730

What are the minimum requirements that will satisfy the needs?

Saddles, by design are not adjustable. In contrast animals’ backs, by nature, are all different shapes and sizes and change over time, due to age, conditioning, or exercise, requiring a SADDLE FIT MANAGEMENT PROGRAM to protect the horse from injury caused by the non-adjustable saddle shape. Determining an accurate fit between the two-polyform shapes, of the horse’s back and the saddle, one of which is a static surface and the other a live, ambulating surface, is a difficult and daunting task. A decade of saddle pressure measurement indicates that in the public sector less that 10% of saddles fit the horses they are used upon. A misfit saddle often results in loss of service from the animal, typically costly in time and money. In the case of the U.S. Border Patrol, Horse Patrol poor saddle fit can even place an Agent in harm’s way. However, salient, scientific steps can be taken to alleviate this problem. Employing the technology, methods and equipment that are the subject of this SADDLE FIT MANAGEMENT PROGRAM - SOLE SOURCE JUSTIFICATION, the fit of the saddles used on the U.S. Border Patrol Horses can be managed by the U.S. Border Patrol without employing other outside vendors or saddlemakers. THE MINIMUM REQUIREMENT TO FIT A SADDLE TO AN ANIMAL IS AN “OBJECTIVE METHOD” TO DESCRIBE THE THREE-DIMENSIONAL SHAPE OF THE ANIMAL'S BACK AND THE CORRESPONDING THREE-DIMENSIONAL SHAPE OF THE UNDERSIDE OF THE SADDLE, IN ORDER THAT A RELATIONSHIP CAN BE DETERMINED THAT CAN BE DESCRIBED AS “FIT”. The preferred method of description is numerical values so that the relationship between both of the three-dimensional shapes can be then determined “objectively” and subsequently monitored for verification and documentation. Since it is physically impossible to measure the three-dimensional shape of the horse’s back with the saddle and rider in place, a minimum requirement to have any accurate three-dimensional saddle measurement is a “calibration” formula to correct for the discrepancy between the three-dimensional shape of unloaded animal's back and the three-dimensional shape of the loaded animal. The reason such a calibration formula is a minimum requirement is that, with saddle and rider in place, the horse’s back will sag to some degree under the additional weight of 150 to 250 pounds, which can easily represent 20 to 25% of the animal’s weight. Without such a calibration formula significant errors would be introduced causing the saddle not to fit the respective horse. Due to the inherent variables that could be introduced into such a three-dimensional measurement of livestock, a “feedback loop” to verify the accuracy of this three-dimensional shape measurement is also minimum requirement. A calibrated computer sensor array pad determines the actual amount of pressure that is exerted by the combination of saddle and rider on the horse's back. Scientific analysis of interface pressure over a given area permits a method to calibrate the gauge and calibration formula for greater accuracy and verification. If accomplished according to the method described in the U.S. Patent # 6,334,262, which is the subject of the sole source justification, the fit of U.S. Border Patrol Saddles to the Horse Patrols horses can be managed and documented. To more easily “FIT” the two surfaces of the animal and the saddle for proper fit, a minimum requirement would be an Orthotic device to compensate for the variations between the compound curved surfaces of the animal's back and the corresponding compound curved surfaces of the underside of the saddle, that can be adjusted to the animal overtime as the back of the animal changes due to age or exercise.

To create such an Orthotic device, an Adjustable Form Jig is required to relate to the numeric measurement of the three-dimensional shape of the animals back as measured by the gauge. A method is then employed to manufacture the Orthotic device with the Adjustable Form Jig, with the use of an additional portable oven, to heat a thermoplastic, so that the plastic sheet can be molded into a polyform surface that represents the shape of the horse's back that includes a calculation accounting for the effect of the weight of the rider. This Orthotic device may be re-shaped as the animal's back changes over time permitting a Saddle Fit Management Program to be effective and documentable. The custom Orthotic device for each individual animal is captured in a specially designed pocket on a saddle pad above a proprietary foam and fleece pad. Placement of the weight of saddle and rider on the Orthotic device is controlled by a series of bead bag shims placed in a second pocket above the Orthotic. This strategy of controlling the shape of the Orthotic and then controlling the pressure of the saddle on the Orthotic promotes even distribution of weight over surface of the horse’s back and permits the Orthotic to slightly flex with the action of the animal back --- the ultimate goal of proper saddlefit. Employing the material and methods described in the U.S. Patent # 6,334,262 and patents pending permits a variety of saddles to be fit to an individual animal's back so that the animal's back is protected from trauma, potential injury and loss of service. 4. Briefly describe the intended use of the item, system or service. The Saddletech System, equipment, materials and methods are intended to permit the U.S Border Patrol – San Diego Sector – Horse Patrol, to secure a “do-it-yourself” self-reliant strategy to manage the fit of the current inventory of saddles to a variety of government livestock, to proactively avoid trauma to the animals and thereby promoting greater safety for U.S. Border Patrol agents. 5. What material is required to accomplish the task? Explain why this is required. There are four basic components to this SADDLE FIT MANAGEMENT PROGRAM:. 1. a Three Dimensional Gauge and a Computer Interface measurement Instrument 2. Orthotic Manufacturing Adjustable Jig and Portable Infrared Oven 3. PETG Thermoplastic Basic Orthotic 3 / 8 inch Sheet 4. Cover Saddle Pads, which include proprietary Foam, Shims and Wool Fleece 1. The Three Dimensional Measurement Gauge is required to acquire the basic three-dimensional data for the process. The Computer Interface measurement instrument is required to calibrate the Gauge and Formula as well as, provide a verification “Feedback Loop” to validate the fit of the saddles to the individual horses over time and documentation. 2. The Manufacturing Adjustable Form Jig and Portable Infrared Oven are required to manufacture the Orthotic itself. The Infrared Oven is eused to heat the thermoplastic to the required temperature and the Adjustable Form Jig is required to create the three-dimensional “form” on which to mold the actual Orthotic, by creating the three dimensional shape corresponding to the Gauge and Calibration Formula Measurements. 3. The PETG Thermoplastic Basic Orthotic 3 / 8 inch sheet, is the actual part that molds to the individual animal, employing the technology and methods that are the subject of this sole source justification. 4. The Cover pads are required to encase the Orthotic as well as the saddle shims, proprietary foam and fleece to adjust the load of the saddle and further protect the animal from injury.

6. How does this item, system or service interact with other equipment and components? Explain the interdependence. The Horse Patrol has recently purchased 25 Tucker Saddles. These Saddles fulfill the requirements of function, cost, esthetics and comfort for the rider (agent). Unfortunately, these saddles by design are not adjustable to the variations between horses or the changes that occur to the shape of the horses back over time. So it is not possible for the saddle manufacturer to provide a solution. Therefore, the potential for saddle related injury is increased. One alternative would be to purchase additional “Custom Made” saddles, however, without any measurement or adjustment provided by the saddle manufacturer, the Horse Patrol cannot determine if any new “Custom Made” saddles would fit any better, despite the significant added expense. In March 2002, the Horse Patrol purchased one Western Saddletech Gauge Mk I to assist the Unit in selecting the appropriate saddles for the horses. Upon measurement is was discovered that while the saddles were marked as “Regular” and “Wide”, the saddles were basically the same shape. During a demonstration with the Saddletech Computer Saddle Fitting System, which is included in this Sole Source Justification, the Tucker Saddle, with Air Rider Saddle Pad, tested did not fit the horse it was tested upon (see scan) and the saddle pads did not solve the problem. While the Tucker Saddles fit the agents, these saddles cannot fit the wide variety of horses back shapes and they cannot be retrofitted because they are not adjustable. This current situation requires the Horse Patrol to develop a Saddle Fit Management Program to permit the Horse Patrol to fit their existing inventory of saddles. The Saddletech System described in this Sole Source Justification provides the Horse Patrol to be “self-reliant” in the fitting of this existing inventory of saddles to a wide variety of horses, which are employed by the Horse Patrol. Horses come and go from the Horse Patrol and the horse’s backs change as they age, so purchasing a “Custom Made” saddle for each horse would be prohibitively expensive, with no assurance that this would solve the issue. By manufacturing Orthotics, which are easily modified, using the methods described in this Sole Source Justification, the Horse Patrol can manage the fit of the existing inventory of saddles to a wide variety of livestock and to be able to verify the process for documentation. 7. Has the item or equipment been patented? Confirm this information with the manufacturer or distributor. If a patent does exist, provide the patent number, and determine if the rights to the patent have been sold or transferred to other suppliers. Yes, the equipment and methods that are the subject of this sole source justification are covered under U.S. Patent # 6,334,262, “GAUGE AND METHOD FOR MEASURING ANIMALS BACKS AND ued January 1, 2002 to Robert Ferrand, inventor. Additional patents pending for an “ORTHOTIC DEVICE AND ADJUSTABLE FORM JIG AND METHOD TO CORRECT FOR THE VARIATION BETWEEN ANIMAL BACKS AND SADDLES” was filed June 4, 2002, Application #60/385,526. Robert Ferrand, also received the U.S. Patent # 5,375,397 CURVE CONFORMING SENSOR ARRAY PAD AND METHOD OF MEASURING SADDLE PRESSURES ON A HORSE” issued Dec. 27, 1994, which was abandoned in favor of the U.S. Patent #6,334,262 by the same inventor. Copies of the issued patents are attached. U.S. Patent # 6,334,262 is issued to the inventor, Robert Ferrand, and has not been assigned or sold to any other individuals or entities.

8. What unique capabilities does the proposed contractor possess which make it the only one capable of satisfying these minimum requirements? The overriding reason to use this supplier is that he owns U.S. Patent # 6,334,262, which by definition of a patent cannot be provided by other suppliers without the permission of the inventor. This supplier also received U.S. Patent # 5,397,395, which addresses a “Curve Conforming Sensor Array and Method for Measure Pressures on a Horse”, Dec. 27, 1994. In addition, Ferrand also has additional patents pending relating to this system. The ten years of research relating to the measurement of horse’s backs and saddles that has permitted this series of patents is “Proprietary Knowledge” that is of interest to the Horse Patrol. This saddle fitting system, based on clinical research, that couples a calibrated measurement system with a method for the manufacture of precision saddle Orthotics is a unique solution. This inventor is the only individual that has developed such a system in the U.S. or overseas, which contains a verification method. 9. Explain the reason for using this supplier. Why is it absolutely essential to have this particular item, system or service? In addition to the saddle measurement patents, Robert Ferrand also holds ten other patents relating to a patient support system for the prevention of pressure sores on humans. Ferrand has extensively researched the effect of pressure on blood flow in Mammalian Tissue, which has direct application to the U.S. Border Patrol requirement to accurately fit saddles to their livestock, because pressure creates the saddle sores on the horse’s back, which are to be prevented by this saddle fit management program. Ferrand has already provided the Horse Patrol with a significant amount of this clinical research relating to this subject. We are not aware of any vendors in the United States that are applying not only scientific measurement equipment, but also applying scientific clinical peer review research to address the saddle fitting issue. Therefore, Robert Ferrand is in possession of unique “proprietary knowledge” that is of direct interest to the Horse Patrol. There are no companies or individuals in the United States that compete with Saddletech or Robert Ferrand with a comprehensive objective three-dimensional and interface pressure measurement device that includes formulas to calibrate the system or includes a calibrated Orthotic product to compensate for poorly fitting saddles. Robert Ferrand, and Saddletech is the sole source available for this technology. 10. If other manufacturers' products or services were found to be unsatisfactory or did not meet expectations, provide information and data supporting such unsatisfactory findings. No other company uses an EVIDENCE BASED METHOD to determine saddle fit. The saddle industry is by in large based on “Phantom Knowledge”. The techniques that have been past down, without anyone testing or challenging the validity of these traditional saddle fitting techniques. The majority of saddle companies in the U.S., basically employ a piece of bent wire placed over the shoulder of the horse to size saddles. While these saddle companies claim this method to be measurement, in point of fact, measurement requires a unit of measurement. A bent piece of wire has no numerical values and no relationship to any established standard, so it cannot be considered as “Measurement”. Additionally, these saddle companies only consider one dimension over the shoulder of the animal. This mistake causes significant errors in the fit of the saddles, because the three dimensional shape is not considered, therefore it is impossible for these companies to determine the three dimensional shape of the saddle. Since the three dimensional shape is not even considered, the effect of the weight of the rider on that three-dimensional shape is also ignored, creating significant errors.thereby creating potentially damaging and costly results.

To make matters even more complicated the terms used to size the saddles are truly meaningless. English Saddles are sized with labels, such as “Narrow”, “Regular”, and sized with labels such as “Quarter Horse Fit” or “Semi-Quarter Horse Fit”. The problem is each manufacturer interprets the terms a little differently so there are no standards to relate the saddle shape to the shape of the horses back or even to be able to compare one saddle to another saddle. Without measurement standards the labels on the saddles themselves are misleading, so it is impossible for the Horse Patrol to develop a saddle fit management strategy using conventional saddle industry techniques. This Horse Patrol purchased a Saddletech Gauge Mk I in March of 2002 and measured both horses and saddles. From this analysis we were able to determine that the 25 Tucker saddles were basically the same three-dimensional shape, although the saddle were labeled as “regular” and “wide”. The problem is that shape of the Horse Patrol’s horse’s backs are a variety of different shapes. Since the saddles cannot be modified to fit the horses, a saddle fit management strategy is justified to address this issue, once and for all, saving time and money and improving the health of the animals.. 11. An item may have one or more unique features, but unless that feature is required to meet the minimum requirements, it cannot be used as a justification for a sole source acquisition. The minimum requirement to fit two polyform shapes to each other is a method to objectively describe each of the shapes to determine their relationship. There are no other horse and saddle measurement system available in the U.S. that employ calibrated three-dimensional measurement, a calibration formula, and an interface pressure measurement device and method to calibrate and verify accuracy. There are no saddle Orthotic devices available in the U.S. that are manufactured to calibrated three-dimensional measurements or can be fit on site employing interface pressure measurement. For these reasons, Robert Ferrand and Saddletech are the sole source available and acquisition justified. 12. Has a market survey been conducted? If so, information should be provided to support the assertion that the proposed contractor is the only company meeting the minimum requirements. Current methods of saddle fitting, by virtually all saddle fitters in the U.S., focuses on using baling wire or flexible curves, unfortunately these methods only consider one dimension of the three dimensional shape which causes significant errors. Recently a variation on the old plaster cast method has been introduced using low temperature molded plastics. These recent attempts at molding to the back are a variation, on a centuries old pegboard device comprised of a flat board with usually about one hundred holes through which dowels are fitted. By placing this device on the animal’s back and adjusting the individual dowels so that they each just touch the surface of the animal a “Mirror Image” of the shape of the unweighted animal’s back can be duplicated. The disadvantage to the pegboard device, or the molded plastic sheet and all other methods traditionally employed for fitting saddles is that the effect of the weight of the rider on the shape of the animal’s back is not considered. While the current commercial understanding of saddle fit assumes that the shape of the “Mirror Image” of the animal’s back is the preferred saddle fit, objective interface pressure measurement has proven this not to be true.

By employing U.S. Patent #5,375,379 A Curve Conforming Sensor Array and Method for Measuring Pressures between a Saddle and a Horse it has been revealed that the weight of the rider causes sufficient deflection to the animal’s back to cause the saddle that is fitted to the unweighted animal not to fit when the animal is weighted with the mounted saddle and rider. The reason for this is that the animal’s back sags a little bit under the additional rider weight, which is significant enough to cause “bridging” meaning that the saddle only touches on the wither and the loin of the animal, causing trauma to the animal, from higher pressure. A more significant disadvantage to all prior devices and methods to fit saddles is that these devices and methods do not provide any numerical or calibrated measurement. Without numerical values the error in these devices cannot be determined or corrected or to be related to any standards. There are no companies or individuals in the United States that compete with Saddletech or Robert Ferrand with a comprehensive “calibrated” objective three-dimensional and interface pressure measurement technology. Additionally, except for a few companies that employ Saddletech Measurement, there are no companies in the U.S. that actually fit the saddle employing a computer interface pressure measurement device to create a “feedback loop” for verification. Finally, no company in the U.S. has developed a calibrated “Orthotic” that is made to calibrated measurements that considers the effect of the weight of the rider. No company in the U.S. has offered the Horse Patrol to be “self reliant” by the manufacture of their own Orthotics to correct for the saddle fit to a variety of animals. Robert Ferrand and Saddletech is the sole source available for this technology, which is why he holds a series of Patents, and this acquisition is justified. 13. Is the item on a Government contract? If the item is on a GSA/VA schedule or another Government Agencies Contract or Blanket Purchase Agreement, this sole source justification may not be needed. Please see Customer Service Bulleting No. 1, Subject: Ordering From Federal Supply Schedules. Also see number 12 below. No, This technology is not currently available on a government contract; this will be the first Government acquisition. 14. Was the item, or service previously procured? If so, when and where? Yes or no. If yes, state when and from what company. Yes, one “patent pending” Saddletech Gauge “Mk I”, which is one component of the Saddletech System was purchased. The “patent pending” Saddletech Gauge Mk I was purchased by the U.S. Border Patrol in March of 2002 from Robert Ferrand, dba Saddletech. This measurement unit is of a previous design and does not have the same features that are provided on the Saddletech Gauge “Mk II” listed in this proposal. Improvements in the Mk I I and Mk I I I design include: 1. On a few horses with extreme back shapes, the second hub of the Mk I can touch the spine. The Mk II and Mk III hubs are 3/8 of an inch shorter, to lift the hub above the spine in such a situation. 2. On some European Sport Horses and “Bull dog” Quarter Horses and others the spine itself is significantly wider than the majority of horses, so the Mk II and Mk III wings have been relieved 1/4 of the inch on the inner inside bottom edge of the wing, to facilitate such measurements 3. The spine links were made identical on the Mk I, to facilitate manufacture, which caused some confusion by some people, relating to positive and negative numbers on the dial. While this was corrected with the use of black and red lacquer in the numbers, the Mk II and Mk III spine link are made with four completely different markings, which completely eliminates this confusion.

4. The Mk I I I Gauge has the unique feature that the jaws of the hubs are elongated about 1 inch on either side, and slotted to permit the wings to be disengaged so that significantly asymmetrical horses can be measured by moving the wings outboard independent to the other wing. The Mk I I I, can even measure scoliosis using these refinements, and an additional set of measurements. 5. The Mk II and Mk III Gauges are black anodized and all marking are laser engraved to significantly increase the clarity of the graduations, so that any parallax error is reduced and measurement becomes significantly easier.

15. Show previous purchase order number(s). The U.S. Border Patrol purchase order number was XXXXXXX 16. Is there a technical data package, specification, and engineering description, statement of work of purchase description available, which is for a competitive procurement? (If yes, please attach.) Yes. Attached is “Evidence Based Saddle Fitting Management Program, as well as U.S. Patent #5,375,379 &.#6,334,262 . 17. Has a Cost-Benefit Analysis been conducted to determine whether it is advantageous to rent, lease to buy, procure or develop a competitive package? Yes or no. If yes, show the analysis that confirms it is best to procure this item. Cost-Benefit has nothing to do with sole source. No, because this system is covered by U.S. Patent #6,334,262 and patents pending and thus can only be acquired through this sole source. This proposal does provide measurement and manufacturing equipment through a patent licensing agreement. The expendable items, such as the Orthotic plastic sheet is provided at wholesale prices. and the saddle pads which will wear out over time, are provided at similar prices to stock saddle pads, although they are custom made for the U.S. Border Patrol. Therefore, Saddletech has attempted to provide products and services at competitive rates despite its proprietary position. Saddles cost between $1,500 to $2,500. Therefore 30 saddles at $1,500 would cost at least $45,000, a set of dress and field saddle pads at $150 Each would be about $10,000. So the base line cost without considering “saddle fitting” is between $50,000 to $75,000 with no assurance that any of the saddles would fit any of the horses. If one then factors in the price for veterinary fees, cost of the animal out of service, and potential injury to the livestock or one of the agents. Saddletech is basically providing state-of-the-art technology with a patented solution for basically well below the price other saddle vendors are providing antiquated technology. However, this proposal includes licensing of the measurement and manufacturing equipment to permit the U.S. Border Patrol Horse Patrol to be “self pect to a Saddle Fit Management Program. The benefit of the Saddletech System includes: 1. Use of existing inventory of saddles or saddles purchased in the future. 2. Protection of the livestock from potential saddle induced injury. 3. Protection of the agents from potential injury from the animal failing to perform. 4. Significant Public Relations opportunity to show case the care that the U.S. Border Patrol is taking for its agents and livestock. Providing positive Media attention to be focused on the U.S. Boarder Patrol.

18. Can any portion of the procurement be competitively obtained? Yes or no. If yes, this portion cannot be procured sole source (unless this portion costs less than $2,500) and must be procured open market via the competitive procurement process. No, because this system is covered by U.S. Patent #6,334,262. The laptop computer that is required, can be run on most laptop computers that have an RS232 port and modern fast processors are not required. Since such computers have already been purchased by the U.S. Border Patrol, this computer was not included in this proposal. All other items are custom made to Saddletech “specifications” employing U.S. Patent #6,334,262 and patents pending and therefore are not available on the open market. 19. Was this an unsolicited proposal? If so, is it a unique or an innovative idea resulting from independent thinking? Who first described the problem to be addressed by the unsolicited proposal? If this is an unsolicited proposal, who is recommending this purchase? THIS IS AN UNSOLICITED PROPOSAL, PROVIDED BY ROBERT FERRAND DBA. SADDLETECH.COM AFTER SELLING ONE “PATENT PENDING” SADDLETECH GAUGE MK I, TO THE U.S. BORDER PATROL IN MARCH OF 2002. SINCE U.S. PATENT # 6,334,262 COVERS THIS METHOD AND PROCESS, THE PATENT BY DEFINITION IS A UNIQUE AND INNOVATIVE IDEA. THE SADDLE FITTING ISSUE RELATING TO THE U.S. BORDER PATROL WAS EXPLAINED TO ROBERT FERRAND, WHO IS SUBMITTING THIS PROPOSAL, WHEN HE DEMONSTRATED THE SADDLETECH MEASUREMENT SYSTEM TO THE U.S. BORDER PATROL, SAN DIEGO HORSE PATROL IN FEBRUARY 2002. AT THAT TIME, FERRAND DID EXPLAIN TO THE HORSE PATROL THAT HE WAS DEVELOPING THE ORTHOTIC SYSTEM. FERRAND HAS BEEN FIELD-TESTING THE ORTHOTIC FOR THE PAST EIGHTEEN MONTHS. FERRAND HAS SUBMITTED THIS PROPOSAL AS A SADDLE FIT MANAGEMENT PROGRAM, WITH THE INTENT TO PROVIDE A COMPREHENSIVE SADDLE FITTING SOLUTION TO THE U.S BORDER PATROL, HORSE PATROL. THIS PROPOSAL IS BEING RECOMMENDED BY AGENT JOHN PALMER, U.S. BORDER PATROL, SAN DIEGO SECTION, HORSE PATROL, SUPERVISOR. 20. Is it feasible for the Border Patrol to take steps to foster competition in subsequent procurement of this product or service? If not, you may elect to state that new technology is routinely reviewed through the use of literature, periodicals and meetings with sales representatives. No, it is not feasible to foster competition, because this system is covered by U.S. Patent #6,334,262 as well as additional patents pending. Therefore, it is not feasible to foster competition until the patent period ends for the various patent and patents pending, in about twenty years. However, while the U.S. Border Patrol cannot foster competition, Saddletech is offering this “proprietary” technology and expertise at below the price that any saddle company could possibly charge to be able to provide the Horse Patrol “substantially equivalent” “Custom” saddles, and saddle refitting that could be scientifically documented to fit a wide variety of horses over an extended period of time. The cost of employing this state-of-the-art technology is approximately – $100 per horse per month, which is less than trimming and replacing the shoes on a scheduled basis. Therefore, there is no reason to foster competition, if the Horse Patrol is able to acquire “state-ofthe-art proprietary technology” at far below current market rates for “substantially equivalent” antiquated technology.

21. Is the item is available from a GSA/VA Federal Supply Schedule (FSS) contractor or vendor or another agencyâ&#x20AC;&#x2122;s contract or blanket purchase agreement? If the required item is available from a GSA FSS contractor or vendor this sole source justification may not be required. (See Customer Service Bulletin No. 1 â&#x20AC;&#x201C; Subject: Ordering From Federal Supply Schedules) No, this system is not currently available from the GSA/VA Federal Supply Schedule. VENDOR CERTIFICATION I certify that data and information, contained in paragraphs 1 through 21 above, are accurate and complete to the best of my knowledge and belief. __________________________ Robert Ferrand Inventor / CEO Saddletech.com