Blackrock Neuroport system/components

DEPARTMENT OF VETERANS AFFAIRS



Justification and Approval



For



Other Than Full and Open Competition





1. Contracting Activity: Department of Veterans Affairs, VISN 1, Providence VA Medical Center, Research Service, Center for Neurorestoration and Neurotechnology (CfNN). Justification for Other Than Full and Open Competition for Transaction Number 650-15-1-881-0001.



2. Nature and/or Description of the Action Being Processed: Request that a Basic Ordering Agreement (BOA) be awarded to Blackrock Microsystems, LLC. Blackrock Microsystems LLC manufactures Neural Signal Processing (trade named "NeuroPort") equipment used in multiple studies with the Center for Neurorestoration and Neurotechnology.



3. Description of Supplies/Services Required to Meet the Agency's Needs: The NeuroPort Neural Signal Processing System - and its components/accessories - receives and processes neural signals from BrainGate2 trial participants. CfNN has several funded and ongoing studies which require repeated acquisition of Neural Signal Processing Systems and components. Establishing a Basic Ordering Agreement with Blackrock Microsystems, LLC will facilitate the purchase of equipment, components and accessories not yet developed. Equipment used for this cutting-edge research continually evolves which makes it difficult to purchase. Establishing the Basic Ordering Agreement will allow for the smooth acquisition of new and upgraded equipment without repeated and extensive contracting requirements. The Blackrock Microsystems equipment will support VA-funded studies for the next several years.



4. Statutory Authority Permitting Other than Full and Open Competition:

(X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability

or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;



5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Blackrock Microsystems, LLC is the sole manufacturer of the NeuroPort Neural Signal Processing System. This is specific and unique research-based equipment that processes neural (brain) signals and transmits the signals to interface equipment. The main NeuroPort Neural Signal Processing System and components/accessories are only compatible and acceptable from the original equipment manufacturer. Blackrock is the proprietary owner of the NeuroPort system.



6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: No attempt was made to solicit offers from other sources. The NeuroPort Neural Signal Processing System and components are only available through Blackrock Microsystems, LLC. A notice was posted in FBO as required by federal regulations but due to the proprietary nature of the software and components, only the suggested vendor can meet the requirements.



7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: Using pricing provided for past purchases, an Independent Government Cost Estimate for the BOA will be developed. An estimate of future usage (based upon past usage) is that the total estimated value of the 5-year BOA will be approximately $2.5M. Additionally, information on the prices at which the same or similar items have been sold will be required. Contracting Officer will perform cost analysis to make a determination of fair and reasonable pricing.



8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was not conducted. The Basic Ordering Agreement is for purchase of Neural Signal Processing Systems and components for which only the manufacturer's proprietary equipment and accessories are compatible.



9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The NeuroPort Neural Signal Processing System and the many components are unique research equipment items critical to the Brain-Computer Interface projects associated with the Providence VA Medical Center (Research and Development Service) and Brown University, our affiliate institution. Equipment components and accessories evolve and improve over time, yet are only compatible with the main NeuroPort system.



10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: An FBO notice was posted on October 3, 2014 with a response date of October 20, 2014. In accordance with FAR 5.203, the notice was published for at least 15 days before issuance of a solicitation. There were no responses.



11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: Due to the proprietary nature of the NeuroPort system, little can be done to increase competition.