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FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

Justification and Approval (J&A) for Federal Acquisition Regulation (FAR) Subpart 13.5

Other than Full and Open Competition Sole Source Acquisition

Title: NMCSD Brainlab Multi-Year Software Subscription J&A Number: JA-23-0047

Created By: CHEN, CYNTHIA Additional POCs: Neal, Amber Rocha, Jose L. CIV

1. Identification of the agency and contracting activity:

San Diego Contracting Division

2. Nature and/or Description of Action being Approved:

new contract

3. Description of Supplies/ Services:

Intra-operative Neuro-navigation Software is critical for multiple spine and cranial surgical cases due to complex anatomy, patient safety, and quality neurosurgical care. The Neurosurgery Department at Naval Medical Center San Diego (NMCSD) requires software subscription renewal for the BrainLab Curve Neuro-navigation system that 1) must come from the manufacturer, 2) must include software for cranial and spine navigation, 3) must include integration software for surgical microscopes, and 4) must include current software version released from BrainLab. It is crucial to the safety and continued care of NMCSD patients to implement this new technology and ensure the software subscription is current.

TOTAL Contract Value

POP: From 2/1/2023 to 1/31/2028

Estimated Value $650,027.45

BASE

POP: From to

Estimated Value

Type of Contract (Primary):

FAR 16.202 Firm-Fixed-Price

Options: No

Number of Options:

POP (All options): From to

Estimated Value (all options):

Funding Type:

Operations & Maintenance (O&M)

Extension of Services: No

Clause:

Estimated Value:

Number of Months:

Year 1 (2/1/23 - 1/31/24): $151,045.49 ($124,745.49 software payment + $26,300 one-time hardware cost for ultrasound hardware) Year 2 (2/1/24 - 1/31/25): $124,745.49 software payment Year 3 (2/1/25 - 1/31/26): $124,745.49 software payment Year 4 (2/1/25 - 1/31/27): $124,745.49 software payment Year 5 (2/1/27 - 1/31/28 ): $124,745.49 software payment

4. Statutory Authority Cited permitting other than full and open competition:

41 U.S.C. 1901 Simplified Acquisition Procedures

FAR 13.501(a)(2) Sole source (including brand name) acquisitions.

5. Rationale Justifying Use of the Statutory Authority Cited:

BrainLab is the only company that can fulfill the needs of Neurosurgery on this requirement. BrainLab is the manufacturer of the neuro-navigation equipment NMCSD owns and the only vendor able to provide current software upgrades and renew the subscription on the existing software. Please reference attached Brainlab software Proprietary letter.

6. Efforts to Obtain Competition:

Market research was conducted, Contract Specialist reviewed previously awarded contract N00259-22-P-0082 awarded on 11 Jan 2022 and mandatory sources including: AbilityOne, GSA, SourceAmerica, UNICOR, DSBS and found only BrainLab Inc., located in Westchester, Illinois can meet the Government requirements due to the proprietary technology on this equipment.

7. Determination that Anticipated Cost to the Government will be Fair and Reasonable:

Fair and reasonable will be determined in accordance with FAR 13.106-3(a)(2)(ii) Comparison of the proposed price with prices found reasonable on previous purchases &

FAR 13.106-3(a)(2)(iv), a comparison with similar items in a related industry

8. Market Research:

Market Research Conducted? Yes When was it conducted? 1/10/2023 to https://info.health.mil/sites/DOP/PAC/_layouts/listform.aspx?PageType=4&ListId={6174B6E9-34C7-4734-8D54-D2381515C7C1}&ID=23007 https://info.health.mil/sites/DOP/PAC/_layouts/15/userdisp.aspx?ID=26695 https://info.health.mil/sites/DOP/PAC/_layouts/15/userdisp.aspx?ID=12732 cynthia.chen Stamp cynthia.chen Stamp cynthia.chen Stamp

Description:

Market research was conducted by DHA Contracting Specialist by review current and historical Government contracts. Due to the proprietary technology on this requipment and the partnership with manufacturer only BrainLab can fulfill the needs of the government for this requirement.

9. Other Facts:

N/A

10. Interested Sources:

A Sources Sought was not published since the requirements has proprietary information in which BrainLab has ownership.

11. Actions to overcome barriers:

It is the Government's understanding that as long as BrainLab Inc owns the proprietary information for the software on equipment being used at the NMCSD, the Government will stay in the sole source environment. The Government intends to continue surveying the market .

Coordination & Approval

12. Technical/Functional Representative:

I certify that the information provided in this justification is accurate and complete to the best of my knowledge and belief.

Name: Munoz, Fausto P. CIV Title: Program Manager

Approved: Munoz, Fausto P. CIV - 12 Jan 2023, 06:35:02

Comments:

13. Requirements Certification:

I certify that the information provided in this justification is accurate and complete to the best of my knowledge and belief

Name: Belverud, Shawn Title: Department Head, Neurosurgery

J-Directorate Office:

Approved: Belverud, Shawn - 12 Jan 2023, 07:23:42

Comments: Critical need; fully support.

14. Fair and Reasonable Cost Determination:

I have determined that the anticipated cost to the Government for this contract action is fair and reasonable.

Name: David, Gillian Title: Contracting Officer, San Diego Contracting Division

Approved: David, Gillian - 19 Jan 2023, 17:55:48

Comments:

15. Legal Review:

I have reviewed this justification and have found it to be legally sufficient.

Name: Osgood, Brent Title: Office of General Counsel

Approved: Osgood, Brent - 23 Jan 2023, 12:58:18

Comments:

16. Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: David, Gillian Title: Contracting Officer, San Diego Contracting Division

Approved: David, Gillian - 23 Jan 2023, 12:03:13

Comments:

Attachments 230109_Brainlab software Proprietary letter_BL signed.pdf Delete Market Research - BrainLab license.pdf Delete QN-NMCSDS-CMD-203.1.pdf Delete SAM_EntityInformation 1TQ83.pdf Delete

Version: 287.0 Created at 1/10/2023 4:55 PM by CHEN, CYNTHIA Last modified at 1/23/2023 3:04 PM by Workflow

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