Sole_Source_Justification.pdf

Control Number 15-49

Simplified Acquisition Sole Source Justification Review Document

Program/Equipment: Brain Products fully-integrated measurement solution, including hardware and software, for the wireless acquisition and analysis of human electroencephalographic (EEG) data from one hundred twenty-eight (128) active channel electrodes

Authority: 41 U.S.C.1901(e) as implemented by FAR Part 13.501(a) (1)

Amount: $ 210,395.00

Prepared By:

Typed Name: [redacted] DSN: [redacted]

Title: Research Kinesiologist Date: 02 July 2015

Procuring Contracting Officer:

Typed Name: Phillip J. Amador DSN: [redacted]

Date Reviewed: 23 July 2015

Technical Representative:

Title: Research Kinesiologist Date Reviewed: 02 July 2015

Requirements Representative:

Title: Division Chief Date Reviewed: 02 July 2015

Legal Review: I have reviewed this justification and find it adequate to support other than full and open competition.

DSN: [redacted]

X

Legal Advisor

Simplified Acquisition Sole Source Justification

Using Simplified Acquisition Procedures

1.a. Contracting Agency - Adelphi Contracting Division Army Contracting Command – Aberdeen Proving Ground (ACC-APG) Adelphi Contracting Division (CCAP-SCA) 2800 Powder Mill Road, Adelphi, MD 20783-1197

1.b. Requiring Agency – Army Research Laboratory Human Research and Engineering Directorate (HRED) Soldier Performance Division (SPD) Aberdeen Proving Ground, MD 21005-5066

2. Description of Action - Approval is requested to solicit for a new contract in support of the U.S. Army Research Laboratory (ARL)/HRED on the basis of other than full and open competition. A firm fixed-price contract is requested using FY15 Research Development Test and Evaluation funds.

3. Description of Supplies/Services – Purchase of a complete measurement system, including hardware and software, for the wireless acquisition and analysis of human electroencephalographic (EEG) data which is capable of high-density recording from one hundred twenty-eight (128) active electrode channels.

System solution shall include: two (2) 64-channel amplifiers with power supplies, necessary cables, and input-output (I/O) interfaces; recording software; fully-compatible wireless data transmission system with necessary power supply, cables, software drivers, padded wearable belt(s), and operating instructions;

one (1) 128 active electrode array with cables and controller software; two (2) each of sizes 54, 56, 58, and 60, electrode caps with electrode holders; analysis software; four (4) 32 channel electrode arrays with required cables; one (1) cable for external recording channels; required start-up supplies for measurement, including compatible conductive media for active electrode measurement.

4. Authority Cited: Identify the statutory authority permitting other than full and open competition, followed by the FAR citation and FAR citation title.

The statutory authority permitting other than full and open competition is 41 USC 1901, implemented by FAR 13.501(a), using the specific authority selected below:

_X__(1) The property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency;

____(2) The executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals;

____(3) It is necessary to award the contract to a particular source—

____(A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization;

____(B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a Federally funded research and development center;

____(C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before a court, administrative tribunal, or agency, whether or not the expert is expected to testify; or

____(D) to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify;

____(4) The terms of an international agreement or treaty between the Federal Government and a foreign government or an international organization, or the written directions of a foreign government reimbursing the executive agency for the cost of the procurement of the property or services for that government, have the effect of requiring the use of procedures other than competitive procedures;

____(5) Subject to section 3105 of this title, a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source, or the agency’s need is for a brand-name commercial item for authorized resale;

____(6) The disclosure of the executive agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; or

____(7) The head of the executive agency (who may not delegate the authority under this paragraph)— http://www.law.cornell.edu/uscode/text/41/3105

(A) determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement concerned; and

(B) notifies Congress in writing of that determination not less than 30 days before the award of the contract.

5. Reason for Authority Cited: Behavioral neuroscience studies conducted at ARL/HRED utilize state-of-the-art EEG technologies. However, a need has been identified to provide EEG measurement capabilities that can provide high-density (> 64-channel) data using “active” electrode technologies to allow high-impedance recording, and allow research participants to have a wide range of motion. A solution that fills this need will improve the applicability of research results to critical decisions required in the design and development of future Soldier technologies. While allowing electrode density consistent with the state-of-the-field (i.e., 256-channels), ARL’s current capabilities do not support high-density recording of fully-mobile participants. Notable, in typical usage, they require long wire leads that physically connect the participant to the hardware of the data recording system. This severely limits the participant’s range of motion, which, in turn, limits the types of human performance behaviors that can be effectively studied using ARL’s current EEG systems. [redacted]. An alternative solution that has been used previously with ARL’s current capabilities is to have participants carry the recording hardware, which includes amplifiers, A/D converters, batteries, and a recording laptop, in a backpack. While this does allow more freedom of movement, it does not eliminate the need for wire leads between the electrodes and amplifiers, and also burdens the participant significantly, limiting the applicability of research results using these measurement systems.

Market research determined that the Brain Products EEG system is the only available solution that combines all of the required capabilities discussed above for ARL’s research needs: a high density/resolution electrode array, active electrodes, and wireless transmission of EEG data between bioamplifiers and recording hardware. The Brain Products EEG system provides all three of these features, with 128-channel recording, active electrodes, and wireless recording capabilities. By contrast, several reputable companies offer systems capable of high-density recording (e.g., Compumedics Neuroscan; Electrical Geodesics, Inc.), but do not offer active electrode or wireless high-density recording capabilities. One other company (Biosemi) offers high-density recording systems that have incorporated “active electrode” technology, but does not offer wireless recording capabilities. Indeed, EEG systems that offer wireless recording capabilities, as a whole, are less common in the marketplace. Presently, only a few companies, including Brain Products, offer wireless EEG solutions. However, apart from Brain Products, these systems can only offer a relatively low number of channels (e.g., BioPac (32 channels); Cognionics (72 channels)), and they do not use active electrode arrays. Brain Products is, therefore, the only system currently on the market that meets all of ARL’s research needs: high-density recording, active electrodes, and wireless data acquisition. Finally, Brain Vision LLC is the sole US distributor of technology manufactured by Brain Products.

Sole Source Vendor:

Brain Vision LLC 2500 Gateway Centre Blvd, Ste 100 Morrisville, NC 27560-6206 USA

DUNS: 556590268

CAGE Code: 45V84 www.brainvision.com TEL. No.: (877) 334-4674 Fax No.: (214) 224-0829 Email: sales@brainvision.com

6. Efforts to Obtain Competition: Based on Market research conducted, Brain Vision LLC was determined to be the only vendor able to fulfill the Government’s requirements. Brain Vision LLC confirmed that they are the sole US distributor of technology manufactured by Brain Products.

7. Actions to Increase Competition: Based upon the information provided in Section Five (5) above, no other manufacturer provides a similar capability with a comparable measurement resolution. Competition is not feasible for this action at this time. However, the current trend in the field of neuroscience to decrease the encumbrance placed on experiment participants and to increase the realism of experimental task conditions may lead other manufacturers to pursue the kind of capabilities implemented in the requested system. Future acquisitions to replace or upgrade this system due to use and increased capabilities needs (e.g., more recording channels) may, therefore, require evaluation of new systems and open competition. Therefore, the Government will continue to conduct market research to identify other sources and opportunities for competition.

8. Market Research: Market Research was conducted in July 2015 by [redacted]., a Research Kinesiologist at the US Army Research Laboratory with twenty (20) years’ experience in human sciences research. His experience includes expertise in human neuroscience and cognitive science and over ten

(10) years of research experience in the collection, analysis, and interpretation of functional neuroimaging data, including electroencephalography (EEG) data. The market research was conducted in order to determine, first, if any other EEG system, meeting the previously specified criteria had been made commercially available by any manufacturer other than Brain Products, and second to identify any alternative vending source, from Brain Vision LLC. [redacted] conducted the http://www.brainvision.com/ research by contacting other knowledgeable and experienced scientists ([redacted]) with expertise in electrophysiological research and conducting internet searches. No other manufacturers were found who could offer an EEG system that has both wireless data acquisition and a high-density electrode array. It was determined that Brain Vision LLC was the sole US vendor of Brain Products technology. Based on the aforementioned, Brain Vision LCC is the only source capable of providing a wireless EEG system that meets HRED requirements.

9. Interested Sources: . A Synopsis was posted to the Federal Business Opportunities (FBO) website on 28 July 2015, and closed on 10 August 20105 to announce that the Government intends to solicit and negotiate with only one source and to provide the public an opportunity to review the requirement and respond. No other sources responded to the Synopsis to express an interest by submitting a capability statement, proposal, or quotation.

10. Other Facts:

a. Procurement history. Not applicable.

b. Other Facts. Not applicable.

11. Technical Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Research Kinesiologist

12. Requirements Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Division Chief, SPD

Technical Certifier

Requirements Certifier

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination will be based on price analysis from previous sales and review of published price listings if available. Cost or pricing data will not be required per FAR 15.403-1(b)(3).

14. Procuring Contracting Officer Certification:

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

Contracting Officer (KO)

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the Brain Products high-density, active electrode, wireless acquisition and analysis system for human EEG data on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) 41 U.S.C.1901(e) as implemented by FAR Part 13.501(a) (1) , subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.