Brand Name Justification.docx

Control Number: 20-RHCO-A-346 RFQ/RFP #: W91YTZ20Q0147 Brand Name Justification for Acquisitions under the Simplified Acquisition Threshold (Simplified Acquisition Threshold is $250K)

1. Contracting Activity:

Regional Health Contracting Activity – Atlantic (RHCO-A) Contracting Cell 6021 5th Street, Building 1467 Fort Belvoir, VA 22060-5505

2. Description of Action:

Period of Performance: Delivery is 30 – 60 days after receipt of award.

3. Description of Supplies/Services: Philips of North America Part Number NUSH026, Portable Ultrasound Lumify System. Philips (large business) is the manufacturer and has authorized small business distributors. The requirement is anticipated to be awarded to a Philips authorized small business distributor only.

4. Authority Cited:

(a) FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization); OR

(b) FAR 13.106-1(b)(1)(ii): Only one source can provide a portion of the purchase that is a particular brand-name item; OR

(c) FAR 8.405-6(a)(1)(i)(A): An urgent and compelling need exists, and following the procedures would result in unacceptable delays; OR

(d) FAR 8.405-6(a)(1)(i)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; OR

(e) FAR 8.405-6(a)(1)(i)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order not previously issued under sole- source or limited-sources procedures.

Control Number: 20-RHCO-A-346 RFQ/RFP #: W91YTZ20Q0147

5. Reason for Authority Cited: Womack Army Medical Center (WAMC), Fort Bragg, NC, is replacing one of their ultrasound machines due to exceeding life expectancy of the equipment. Philips is the manufacturer of the Lumify Rug Ultrasound System. Market research show that there are at least two small businesses distributors who are authorized to sell the required Philips Lumify Ultrasound system. This Contracting Office will not accept proposals from businesses who are not authorized by Philips to sell the required Lumify Ultrasound system. The portable system allows for faster turn-around of patient and provider services, and has more up-to-date functions that provide more timely service to patients and providers. The Lumify system provides WAMC the capability to download the application to train on advance trauma life supports prior to deployments, and to support WAMCs level three trauma status. Failure to award to Philips authorized small business distributor will negatively affect WAMCs mission”.

6. Actions to Increase Competition: A pre-solicitation notice was posted to the beta.SAM.gov website on 15 May 2020. There was not any responses to the pre-solicitation.

7. Market Survey: Market research was conducted in accordance with FAR Part 10. A search of the Small Business Administration (SBA) Quick Market Research website for NAICS Code 339113 (Surgical Appliance and Supplies Manufacturing) and key words “Lumify Ultrasound” showed that there were not any small businesses that met the search criteria. See chart below.

The Lumify Ultrasound System is not available on the General Schedule Administration (GSA) Advantage website.

8. Procurement History:

Previous Contract or Purchase Order Number: or N/A Previously competed? N/A No Yes Previous authority for less than Full & Open Competition: FAR 13.106-1(b)(1)(i).

9. Technical / Requirements Certification: I certify that the support data under my cognizance which are included in this mini-J&A are accurate and complete to the best of my knowledge and

Control Number: 20-RHCO-A-346 RFQ/RFP #: W91YTZ20Q0147 belief. I certify the required services and supplies are not available using mandatory sources and delivery cannot be made by the required delivery date.

10. Contracting Officer Certification and Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature:

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