P03 648B38014 JNA rgb1 cdp.pdf

DEPARTMENT OF VETERANS

AFFAIRS

Office of Acquisition and Logistics National Acquisition Center

P.O. Box 76 Hines, IL 60141

Justification for an Exception to Fair Opportunity FAR 16.505(b)(2)(i)(B) – Only one capable source

(1) Identification of the agency and the contracting activity.

This Justification for an Exception to Fair Opportunity is on behalf of VISN 20, V.A. Medical Center Portland, OR and will be executed by the Department of Veterans Affairs (VA) National Acquisition Center (NAC – 36A797) located in Hines, IL.

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

This activity intends to issue a sole-source delivery order against Indefinite Quantity contract SPE2D1- 17-D-0023 awarded to Siemens Medical Solutions USA, Inc. to procure a Magnetom Vida MRI for the new Imaging Clinic being constructed located at the V.A. Medical Center Portland, OR.

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

The customer is in need of the Magnetom Vida MRI. This is the only MRI equipment that can be installed in the room as the active construction project is designed for the Magnetom Vida MRI. The estimated value of the resultant order is $2,803,515.00.

(4) An identification of the exception to fair opportunity (see 16.505(b) (2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualification or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g. in terms of scope, period of performance, or value).

(5) The order will be issued on a sole-source basis in accordance with FAR 16.505(b)(2)(i)(B) – Only one capable source as Siemens is the only manufacturer of the Magnetom Vida MRI. The MRI was previously purchased under deliver order 36A79719F0501; however, the minor project that is covering the site preparation for this MRI has had several project delays that put the installation date after the 5-year appropriations limitation. Since the equipment was not able to be installed within the 5-year appropriation limitation due to project delays, the order was terminated for convenience. To not further impact the project that has already completed design and is 78% completed with construction, the MRI manufacturer and model needs to remain the same as was planned for in this project. Due to the site preparation for this MRI installation is part of an active construction project it is in the best interest of the government to proceed with a sole source award to Siemens as awarding to any other source would likely result in substantial duplication of cost to the government that is not expected to be recovered through competition. Additionally, the government would incur more cost to reconstruct the site for a different MRI equipment.

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

All items to be purchased as part of this requirement are currently on contract SPE2D1-17-D-0023. The quoted price for each item is at or below the contract price. Pricing has been determined fair and reasonable at the contract level.

Source Selection Info – See FAR 3.104 & FAR 2.101 1 Page

2 | P a g e

(7) Any other facts supporting the justification.

None

(8) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

Future requirements will be handled on a case-by-case basis and all attempts will be made to provide fair opportunity to all contract holders when appropriate.

(9) The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

By signing this justification, the Contracting Officer hereby certifies that the justifications are accurate and complete to the best of their knowledge.

(10) Evidence that any supporting data that is the responsibility of the technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

By signing this justification, the requiring activity hereby certifies that the justification is accurate and complete to the best of their knowledge.

(11) A written determination by the approving official that one of the circumstances in (b)(2)(i)(A) through (F) of this section applies to the order.

Based on the information contained herein, a determination has been made that this requirement meets the exception at FAR 16.505(b)(2)(i)(B) as only one contract holder can provide the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

3 | P a g e

CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION:

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that any supporting data that is my responsibility and which forms a basis for the justification is complete and accurate to the best of my knowledge and belief.

Justin Collins Biomedical Engineer

CONTRACTING OFFICER CERTIFICATION:

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that the justification is complete and accurate to the best of my knowledge and belief.

Coretta Daniels Contracting Officer VA National Acquisition Center – Hines High-Tech Medical Equipment Ordering Division

Regina Blair VA National Acquisition Center – Hines Chief, High-Tech Medical Equipment Ordering Division

Christopher D. Parker Head Contracting Activity Strategic Acquisition Center and National Acquisition Center Competition Advocate (orders> $750,000 up to $15,000,000) Pursuant to 16.505(b )(2)(ii)(B)

JUSTIN

COLLINS

Digitally signed by JUSTIN

COLLINS

Date: 2024.02.27 06:50:43 -08'00'

CORETTA

DANIELS

Digitally signed by

CORETTA DANIELS

Date: 2024.02.29 09:51:31 -06'00'

REGINA BLAIR

Digitally signed by REGINA

BLAIR

Date: 2024.02.29 15:22:19 -06'00'