Brand Name Documentation - Infant Cooling System.pdf

BRAND NAME DOCUMENTATION

Purchase Request Number 0012144306

1. Requesting Department

2. Description of Action being approved: This is a new requirement. The resulting contract will be firm-fixed price.

3. Description of Product, Supplies or Services required to meet the Department’s needs

7310154 Tecotherm Neo Disposable Starter Kit - TECOTHERM NEO WITH DISPOSABLE

STARTER KIT - starter kit includes: mains cable, disposable cooling blanket (pack of 3), cooling blanket connecting hose (2 m), fill up set, manual, reusable adapter cable for skin temperature probes, reusable adapter cable for rectal/esophageal probes, disposable rectal/esophageal probes (20), reusable cleaning loop, chlorine dioxide drop

7391065 Roll Stand

3170027-3 Tecotherm Neo Mounting Base Plate & Straps

7310508-2 Tecotherm Roll Stand Mount (GCX)

4. Identify the authority permitting other than full and open competition.

This acquisition is being conducted using Simplified Acquisition Procedures (SAP) and is below the Simplified Acquisition Threshold. The basis for not providing for maximum practicable competition is FAR 13.106-1(b).

5. Brand Name Rationale -

The governments’ essential requirements are that the product and its accessories be portable and operable in three settings/environments – Medical Treatment Facilities, Motor Transport (Ambulance), and Air Transport (Airplane; Helicopter). Our market research revealed at least three sources that provide an Infant Cooling System (Belmont

Medical, BD Arctic Sun, and TEC COM Gmbh). However, the Belmont Medical unit cannot be sold in the United States and the BD Arctic Sun does not have the portability and capability to operate in the three settings/environments. The TEC COM GMBH is the only product that meets the governments’ essential requirements.

Although the TEC COM GMBH is manufactured in Germany, the manufacturer (Tee Com

Medizintechnik GmbH, sells this product through three vendors internationally. The only distributor for the North American Market is International Biomedical, a small business entity based in Austin, Texas

6. Best Value Determination:

An order or contract issued under this brand name justification represents the best value as the agreed to prices will be based upon either (1) competitive quotations or offers from authorized suppliers of the brand name product in a competitive environment, (2) a comparison of the prices received with past prices, or (3) the results of the market research. Therefore, the price paid will represent the most advantageous offer and provide the greatest overall benefit in response to the requirement.

7. Market Research conducted

The product is manufactured in Germany by Tec Com Medizintechnik GmbH. The manufacturer sells this product internationally through three vendors/distributors. The only distributor for the North American Market is International Biomedical, a small business entity based in Austin, Texas. We could not confirm through further market research (speaking to the marketing director of International Biomedical) whether the company sold their products to other independent distributors or vendors who could provide the product to the general public. Further market research utilizing the small business dynamic search engine did not turn up any other small businesses capable of meeting this requirement.

8. Statement of actions, if any to remove barriers to competition in the future.

Although the solicitation will require a “brand name” product, it will also include the statement that “all responsible sources may submit a bid, proposal, or quotation which shall be considered by the agency.” We will use all information we gain for future similar requirements.

9. Any other facts supporting justification:

N/A

As the technical or requirement personnel, I certify that the evidence of the supporting data that forms the basis of this justification is complete and accurate.

Oyekade Dada 24 July 2024

Technical/Requirements Personnel Printed Name Date

CDR Desirae Pierce 24 July 2024

Department Head Printed Name Date

Contracting Officer Date

NOTE: 5.102 (including paragraph (a)(6)) only applies when the Contracting Officer is required to issue a synopsis and make a solicitation available on FBO as required by FAR 5.101(a). Under $25K, a synopsis and posting of the solicitation is not required and neither is there a need to post documentation related to a brand name justification. The reference to 5.102(a)(6) at 13.106-1(b)(3) is just a reminder to the Contracting Officer that the documentation needs to be posted when a notice is otherwise required to be posted on FBO. FAR 13.106-1(b) does not create a requirement to post, it just refers the reader to 5.102(a)(6) for existing policy.