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Log #15-10367

Form 02.4G.AC / TDP1508 01/ PR #N6861015RC3X006 1 Apr 2013

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FAR 16.505(b)(2)

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

This is an exception to the fair opportunity process. The Naval Medical Logistics Command (NMLC), acting on behalf of Naval Expeditionary Medical Support Command (NEMSCOM), intends to award a delivery order against Defense Logistics Agency (DLA) Troop Support Indefinite Delivery Indefinite Quantity (IDIQ) contract number SPM2D1-09-D8321.

2. NATURE/DESCRIPTION OF CONTRACT ACTION

The proposed acquisition is to convert from Philips Prograde Analog Bucky Diagnost X-Ray Shelter to Full Philips Digital manufactured by Philips HealthCare, 22100 Bothell Everett Highway, Bothell, Washington 98041-3003. The Government intends on awarding a Firm Fixed Price (FFP) delivery order.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES

NEMSCOM has a requirement to convert from Philips Prograde Analog Bucky System X-Ray Shelter to full Philips Digital. Philips ProGrade Release 1 meets the requirement to convert from Analog to Digital system. Prograde Release 1 can digitize an existing Bucky Diagnost system with advanced wireless technology and digital features from the premium direct radiography portfolio. The system is hard wired to the radiography system and images are sent from there to the Eleva work station for review, editing and further distribution. The Unified Image Quality Enhancement (UNIQUE) advanced multiresolution image processing displays images fully processed. UNIQUE provides an optimal contrast harmonization with enhanced details, while the overall impression remains natural. When used in combination with Philips integrated Computed Radiography (CR), it provides a comparable image impression for all CR and Digital Radiography (DR) images.

funds in the amount of will be used for this acquisition.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND SUPPORTING

RATIONALE, INCLUDING A DEMONSTRATION THAT THE PROPOSED

CONTRACTOR’S UNIQUE QUALIFICATIONS FOR THE NATURE OF THE

ACQUISITION REQUIRES THE USE OF THE EXCEPTION CITED

The statutory authority exception to the fair opportunity process is implemented by 10 U.S.C 2304(c)(1) and FAR 16.505(b)(2)(i)(B), only one awardee is capable of providing the supplies or services. Philips is the only source which meets the minimum requirements of the Government and is on the MOU. Philips is the only vendor that can provide the conversion of the Bucky System from Analog to Digital through ProGrade Release which is compatible with the system that is currently installed in the X-Ray shelters.

5. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

DLA has already determined the prices of equipment on the IDIQ as fair and reasonable.

The Contracting Officer shall make a determination of best value for the Government before a delivery order is executed.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION

The Government has conducted research through internet searches, utilizing ECRI, contacting vendors, and reviewing historical purchases for other manufacturers which may be able to provide the product and service required. Companies such as Canon and Toshiba offer similar products however they do not meet all the requirements of the Government.

Both vendors are not able to provide the product that has UNIQUE advanced multiresolution processing that displays images fully processed which is what the Bucky Analog system is required to convert into full Digital System.

7. STATEMENT OF ACTIONS TO REMOVE OR OVERCOME BARRIERS THAT LED TO

THE EXCEPTION TO FAIR OPPORTUNITY

Future procurements will be done in accordance with FAR 16.505.

8. BY SIGNING UNDER ITEM NUMBER 11 BELOW, THE CONTRACTING OFFICER

CERTIFIES THAT THIS JUSTIFICATION IS ACCURATE AND COMPLETE TO THE

BEST OF THEIR KNOWLEDGE AND BELIEF.

9. CONTRACTING POINT OF CONTACT

The point of contact at NMLC, Fort Detrick, Maryland is , at or by e-mail at

TECHNICAL AND REQUIREMENTS CERTIFICATION

Required BY FAR 16.505(b)(2)(ii)(B)(9). By signing below, the technical or requirements personnel certify that any supporting date that is their responsibility and which forms a basis for the justification is complete and accurate.

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

Phone Date Technical Reviewer

Requirements Cognizance

10. CONTRACTING OFFICER CERTIFICATION

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

Contracting Officer Code 05