C14 - Redacted BNJ.pdf

MEMORANDUM

Subj: BRAND NAME MEMORANDUM TO ACQUIRE PHILIPS LUMIFY S4-1

ULTRASOUND PROBE

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification.”

This is a brand name justification. Contracting activity is the Naval Sea Systems Command, Naval Surface Warfare Center, Panama City Division (NSWC PCD), 110 Vernon Avenue, Panama City, FL 32407-7001.

2. Nature and/or description of the action being approved.

This action will award a firm fixed price purchase order to the lowest priced offered that provides the specific brand name product – Philips Lumify S4-1 phased array ultrasound probe, Android, USB-C.

3. A description of the supplies or services required to meet the agency’s needs.

(including the estimated value). The contract effort is to acquire the following:

Item Part Number Qty Philips Lumify S4-1 phased array ultrasound probe, Android, USB-C

S4-1

Grand Total

This acquisition will be conducted using simplified acquisition procedures with a total estimated value of less than $25,000.00. The Government's minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements. This acquisition will be conducted using simplified acquisition procedures with a total dollar value above micro-purchase levels, but not exceeding the simplified acquisition threshold of $250,000.00.

4. Identification of the justification rationale (see FAR 8.405-6(a) and (b)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

10 U.S.C. 2304(c)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements, FAR 6.302-1(c).

The Navy Experimental Diving Unit (NEDU) has a requirement to add two portable ultrasound probes to its diving research support equipment. These probes must be suitable for use inside NEDU’s hyperbaric chambers and compatible with existing infrastructure for the signal to be exported through existing chamber wall penetrators. The Philips Lumify probe does not contain a lithium battery (which are prohibited inside hyperbaric chambers), has passed safety testing for use inside NEDU’s hyperbaric chambers, and can pass a signal through NEDU’s USB chamber wall penetrators. There are no other probes that meet these requirements. Attempting to test and certify another brand probe would prove costly in time and money.

As such, the Government does not expect significant savings through competition and does expect significant and unacceptable delays that will negatively impact this requirement.

Therefore, it is in the Governments’ best interest to acquire the Philips brand probes.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d).

The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

For the reasons specified in paragraph 4 above, Philips is the only brand that can meet the Government’s needs. This requirement will be synopsized in the government point of entry SAM.gov. as the expected value is less than $25,000.00.

7. Any other facts supporting the justification.

None

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

As stated in paragraph 4 above, Philips is the only brand that can meet the Government’s needs.