J A_APTERYX__DDI__MULTIPLE_HULLS_Redacted.pdf

16-10146

Form 02.4G.AB 18 Apr 2016

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This justification is executed by the Naval Medical Logistics Command (NMLC), Fort Detrick, MD, on behalf of the U.S. Naval Fleet to meet requirements for the USS RONALD REAGAN (CVN-76), USS

BONHOMME RICHARD (LHD-6) and the USS CARL VINSON (CVN-70).

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

The proposed action is to upgrade the Apteryx Digital Dental Imaging (DDI) software used in the dental department(s) onboard the USS RONALD REAGAN (CVN-76), USS BONHOMME RICHARD (LHD-

6) and the USS CARL VINSON (CVN-70), respectively. The imaging software is used to capture, view and store dental radiographs of patients. The Government intends on awarding a Firm Fixed Price (FFP) contract.

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

The USS RONALD REAGAN (CVN-76), USS BONHOMME RICHARD (LHD-6) and the USS CARL

VINSON (CVN-70) have a need to upgrade their Digital Dental Imaging (DDI) software. This software upgrade is required in conjunction with their (hardware) computer upgrade. The ship currently is using

Apteryx, Inc. Software version 3.0. During the computer (hardware) upgrade it is necessary to upgrade the Apteryx, Inc. software to the current build patch version 3.4.0.32 for the Digital Imaging and

Communications in Medicine (DICOM) viewer (DCV). The DCV Data Manager server shall be upgraded to the current build patch version 3.3.0.20. The software upgrade is at no cost to the government but does require conducting onsite training with dental department staff.

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4. An identification of the statutory authority permitting other than full and open competition.

The statutory exception permitting other than full and open competition for this acquisition is 10 U.S.C.

2304(c)(1) and FAR 13.501(a)(1)(ii)- Brand name justification.

5. A Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Apteryx, Inc. software licenses are already issued to the ship. The software upgrade would be more advantageous to the 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 was performed, the results of which are in paragraph 8. This requirement will be posted to FedBizOpps in accordance with FAR 5.202.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer shall determine the anticipated cost to the Government of the supplies/services covered by this Justification and Approval will be fair and reasonable by conducting a price analysis before an award is made. In addition, the Government anticipates that the negotiated contract price will reflect a discount from the Apteryx commercial price list and will be determined fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results, or a statement of the reason market survey was not conducted.

Market research was conducted by technical experts in the March 2016 timeframe. This research consisted of reviews of previous procurements for these types of Digital Dental Imaging (software) programs and a market survey through search engines of open market contractors and Federal Supply

Schedule contractors. Search engines utilized include Google, Bing, and GSA Advantage using the following search words: “Digital Dental Imaging Software”. Finally, a search was conducted through the

ECRI 2016 sourcebook catalog. Nothing was found with ECRI. Apteryx, Inc. is the sole manufacturer of

Apteryx brand software but similar versions compatible with the ships sensors can be procured from

Instrumentarium Imaging and Medi-Core. If a completely different manufacture is selected then the digital sensors may have to be replaced. Consequently, the Government’s technical experts determined that Apteryx, Inc. is the only source that can meet the Government’s requirements.

9. Any other facts supporting the use of other than full and open competition.

Apteryx, Inc. software is historically used in contracts awarded to both Q.E.D. Systems and B.E.A.T.

LLC. Previously awarded contracts utilizing Apteryx, Inc. brand software include:

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

11. 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.

Future requirements will be synopsized in accordance with FAR 5.203.

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED

BY NAVSUP 4200.83 series

I certify that the facts and representations under my cognizance which are included in this justification and approval and which form a basis for this justification are complete and accurate.

Technical Cognizance

Requirements Cognizance

OFFICER CERTIFICATION

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

SUFFICIENCY REVIEW AND CONCURRENCE

I have reviewed the facts set forth in the above Justification and Approval and found to be legally sufficient, based on these facts, to the best of my knowledge and belief.

____________________________________________3 ___________

BLOCK COMPETITION ADVOCATE

($650,000 to $12.5M)