Brand Name Justification redacted.pdf

Brand Name Justification for Other than Full and Open Competition for a General Electric Logiq P9 ultrasound system

Agency: Department of Health & Human Services, National Institutes of Health

Contracting Activity: National Cancer Institute Office of Acquisitions COAC

Program Office: National Center for Complementary and Integrative Health (NCCIH) Pain Research Center (PRC)

Estimated Acquisition value: $47,530.00

This Brand Name Justification has been prepared using the format at FAR 6.303-2, modified to reflect the procedures in FAR subpart 13.5, used in accordance with 41 U.S.C.1901.

(1) Nature and/or description of the action being approved:

The action being approved is the purchase of a Logiq P9 ultrasound system that is manufactured and made commercially available by General Electric. The system is comprised of hardware, software, and accessories.

(2) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The ultrasound system required by NCCIH PRC must be compatible with the ultrasound system used by the PRC’s Swedish collaborator in order to expand ongoing collaborative research on the human sensation of touch to the NCCIH in the United States. The system components are listed below:

Line Item Quantity Component Catalog # Component Description

1 1 H427 52 LS LOGIQ P9 R3 5 year standard warranty 2 1 H427 82 LR LOGIQ P9 DICOM (software package) 3 1 H427 82 LY LOGIQ P9 LOGIQ View 4 1 H427 92 LD LOGIQ P9 B Steer + 5 1 H427 92 LN LOGIQ P9 Compare Assistant Software 6 1 H429 02 LC LOGIQ P9 Rear Handle 7 1 H428 02 LE LOGIQ P9 Paper Tray 8 1 H463 02 LB Small Probe Adapter 9 1 H428 72 LS LOGIQ P9 R3 UG (user guide) English 10 1 H429 12 LA LOGIQ P9 English Keyboard Installation Kit 11 1 H480 62 AB L4-12t-RS Linear Array Probe 12 1 H483 12 AH L10-22-RS Linear Array Probe 13 Onsite installation and training 14 Availability of online training

(3) An identification of the statutory authority permitting other than full and open competition.

This Brand Name Justification is authorized by 41 U.S.C.3304(a)(1)

(4) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The National Center for Complementary and Integrative Health (NCCIH) Pain Research Center, in collaboration with the Section of Sensory Cells and Circuits, seeks to understand the role of the ion channel Piezo2 in establishing the sensitivity and modality specificity of primary sensory neurons relaying the sense of touch. To this end, the Center seeks to perform electrical recordings at the single unit level, in healthy and Piezo2 deficient human volunteers in order to pinpoint the contribution of Piezo2 to neuronal activity.

These collaborators’ studies rely on data collected by the GE ultrasound system. To expand the collaborations, the NCCIH requires the GE ultrasound system to guide a microneurography electrode insertion. This system reduces the experimental time and increases the patient’s comfort, as the alternative technique for nerve localization requires repeated pulses of electrical stimulation that can take several up to several hours.

The NCCIH therefore requires a General Electric (GE), Logiq P9 Ultrasound System and corresponding probes to continue studies initiated by collaborators. The General Electric Logiq P9 system is required by brand name to avoid introducing artifacts which would mar the integrity of the collaborative research data.

(5) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

Market research showed that the General Electric Logiq P9 ultrasound system was not currently available from preferred sources. However, a Google search showed that it is available directly from the manufacturer, as well as widely available from open market resellers. This RFQ is intended to locate as many potential sources as practicable.

(6) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer has determined that the available open market competition will ensure fair and reasonable prices.

(7) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

The following sources were consulted to acquire the requirement from preferred sources: Agency inventories, GSA Xcess, UNICOR, Ability One, NIH Supply Center, GSA Global Supply, NCI BPAs, NCI IDIQs, NIH BPAs, NIH IDIQs, GSA Advantage, Contract Directory, FPDS-NG, and Google. None of the preferred sources were capable of providing the brand name equipment. Google showed that there are numerous commercial sources available to fill this requirement. For this reason, the requirement will be posted as a Request for Quote.

(8) Any other facts supporting the use of other than full and open competition, such as:

(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

Not applicable.

(ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

The purchase of an ultrasound other than the GE Logiq P9 would introduce artifacts into the study data. The study data would be collected using different equipment. This would invalidate analyses and comparisons of the study data already collected by previous studies and new data collected with different equipment.

(iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

Not applicable.

(9) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Two sources that have expressed an interest, in writing, in the acquisition are General Electric Healthcare and McKesson Medical-Surgical, Inc.

(10) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

As the ultrasound system is commercially available from resellers, This Request for Quote is intended to open this acquisition to competition among small business resellers to the greatest degree possible.

(11) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

(a) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Both the Contracting Officer’s Representative and the Contracting Officer have certified that the justification is accurate and complete to the best of their knowledge and beliefs.

The justification is based on the technical specifications of the system used by the initial Swedish researcher. The program office requires only three modifications to that system– a keyboard that uses the English characters rather than the Swedish characters, a user guide that is written in English rather than Swedish, and an electric plug designed to fit electrical outlets in the United States rather than Sweden.

CERTIFICATION AND APPROVALS

Relevant special documentation requirements pursuant to FAR Part 13.501(a)

I hereby certify that the requirement for the acquisition of the GE Logiq P9 Ultrasound System, as depicted in the Statement of Need and this Brand Name Justification, is accurate and complete.

Contracting Officer’s Representative, NCCIH

I hereby certify that:

This Brand Name Justification is accurate and complete to the best of my knowledge and belief.

The need for this brand name sole source acquisitions, as defined in 2.101, is justified in writing and approved at the levels specified by the agency for acquisitions under the simplified acquisition threshold;

This brand name justification and approval will be made publicly available with the solicitation, in accordance with 5.102(a)(6) and as required under FAR 13.501(a)(2) for sole-source (including brand-name) acquisitions. This justification covers the entire acquisition.

That this acquisition is not anticipated to exceed the simplified acquisition threshold.

Christine Biser Contracting Officer, NCI Office of Acquisitions, TSB

I concur:

Andrew May Contracting Officer & Team Lead, NCI Office of Acquisitions, TSB

52.212-1 06 2020

52.212-3 02 2021

52.212-5 01 2021.pdf