Justification FAR Part 13_GE Software_redcated_Redacted.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

U.S. Naval Hospital Okinawa (USNHO) requires a GE Viewpoint software installation and subscription. This software is an ultrasound software and is the software required by the Government owned system that is utilized by the Maternal-Fetal Medicine department at USNO.

This system allows for the storage and documentation of the detailed ultrasound examination and screening fetal echocardiograms that are performed by the Maternal-Fetal Medicine physician.

The software allows for generation of reports required for these complex sonographic evaluations and allows for viewing and storage of images as required for such detailed evaluation. This enables the physician to perform standard screenings for congenital heart disease. This is an FFP type contract with a Base and four (4) option periods. The Government Independent Estimate (IGE) for the base and all option years is $109,180.00.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X__ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. __X_ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

GE Healthcare is the Original Equipment Manufacturer (OEM) of the ViewPoint 6 equipment and only their software is compatible with the device. The software is only available as a subscription. Without this system and software patients will have to be deferred to a CONUS MTF with this capability. There are currently no in country

MTFs with this capability. Viewpoint 6 will provide the functionality for the MTF to perform fetal echocardiograms and each fetal echocardiogram study that is performed “in-house” will save approximately $6,000 in transportation costs from patients who are currently being sent to Tripler Army Medical Center. Based on current patient volume and acuity the Government anticipates recouping the total cost of the software package in the first six months of use.

A Notice of Intent to Sole Source was issued on August 28, 2024, and closed September 2, 2024, allowing potential vendors to provide capability statements meeting the Government’s minimum requirements. The Government received zero responses for consideration. Based on the analysis of the market research completed, only one (1) vendor, GE Precision Healthcare, LLC, was found capable of meeting the Government’s requirements.

3. ___ OTHER REASONS.

B. __ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Hitomi Oshiro _________ Name (Printed) / Phone # Date

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

__ Pedro Reyes/ _________ Si Name (Printed) / Phone # Date