OLAO Sole source - SAP 05282020.pdf

FACTS SUPPORTING A REQUEST TO ENTER INTO AN ACQUISITION USING OTHER THAN FULL

AND OPEN COMPETITION – SIMPLIFIED ACQUISITION (UNDER $250,000)

Instructions to the requestor: Prepare this document and include it an attachment to the requisition. When received in OLAO, the contracting officer (CO) will review the data provided, and if it is concluded by the CO that the proposed sole source is justified they will proceed with the action.

REQ no. 5714471 Requestor Anju Vergheese Office Code Phone no. 301-496-9748

Introduction: Pursuant to Federal Acquisition Regulation 13.106-3(b)(3)(i), the following data is furnished to the Contracting Officer to support the requisitioning office’s request that the items/services identified on the above-mentioned Requisition be obtained using other than full and open competition. The requisitioning office understands that a contract may not be awarded on a sole source/brand name only basis unless the Contracting Officer approves Other than Full and Open Competition.

1. Identification of the Agency: HHS/NIH/ORS/DSEIS

2. Nature and or/Description of Action Being Approved. Sole Source

3. Description of the supplies and services required to meet the Agency’s needs.

Upgrade to LP100 Focused Ultrasound System

• Includes the hardware and software required to upgrade the existing LP100 system in Frank Lab to the current commercial platform available from FUS Instruments

• Includes on-site installation of hardware and testing

• 1 year of warrant coverage on all new hardware and software components

4. Proposed Contractor’s unique qualifications.

a. Replacement parts: N/A

Equipment upgrade/repair: The existing equipment and software of the LP100 will be replaced to the new FUS platform to maintain serviceability and operation. Existing parts are no longer available from suppliers and are at end of life and will no longer be supported by FUS Instruments.

FUS Instruments will upgrade the following components:

• Motors

• RF Electronics

• Hydrophone Electronics

• Computer

• Software

• Calibration Files

• On-site Testing and Verification

• Warranty

• Acceptance Testing

Please refer to the statement of work for the specific upgrade to each component

b. Proprietary data: Only FUS Instruments can perform the upgrade to the LP100 because they have proprietary Python-based software that can interface with FUS systems. Their software implements cavitation monitoring from the hydrophone with feedback control capabilities based on the subharmonics or ultraharmonics frequencies. They have written a unique algorithm that will be implemented into the software to safety open the blood brain barrier. This allows the user to use either default control, no feedback, or a user defined feedback algorithm. FUS Instruments are the only ones that can perform on-site testing and verification because they are the only company with this unique equipment and expertise.

c. Urgency: N/A

d. Brand Name only: N/A

5. Additional Supporting Facts.

FUS Instruments is uniquely qualified because they are updating the impending obsolescence of the FUS Instruments LP100 focused ultrasound system. A new FUS platform upgrade path has been implemented on the other products manufactured by FUS Instruments which include newer generation motor controllers and oscilloscopes, along with their associated cabling. FUS Instruments is offering existingLP100 customers the option to upgrade their system to the new platform to maintain serviceability and operation.

I hereby certify that the supporting data above forms the basis for this justification, is complete and accurate to the best of my knowledge and belief.

Certification by Requirements\Technical Personnel:

Anju Vergheese, DSEIS Rental & Sales Branch Chief

I concur and approve this justification for other than full and open competition.

Anne Mineweaser, Contracting Officer Date