JEFO VARIAN 528B33031 SOLE SOURCE 6-12-24 rgb1.pdf

DEPARTMENTOFVETERAN 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 2, Albany, NY Healthcare System and will be executed by the Department of Veterans Affairs National Acquisition Center located in Hines, IL.

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

Purchase of a Hyperarc upgrade for existing Varian TrueBeam to expand functionality and extend usable life of device.

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

This is a proprietary upgrade to our existing treatment machine the Varian TrueBeam $287,593.00. This is a software license and corresponding hardware upgrade so that we are able to plan and deliver Stereotactic body radiotherapy Arcs much quicker than we currently have the ability to.

(4) An identification of the exception to fair opportunity (see 16.S0S(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).

Because we already have Varian TrueBeam we can only put another Varian product on the machine. The original equipment manufacturer (OEM), Varian, is the only contractor who is able to provide this request because the upgrade is proprietary to the organization. The OEM is the only organization capable of owning trade information about the system, and as such, is the only one qualified to provide and perform the upgrade. Only Varian supplies the license for this upgrade and only Varian will supply and install the hardware upgrade.

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

All items are currently on the Varian Medical Systems IDIQ contract 36H79719D0014.

Despite significant changes in the industry and market conditions related to both inflation and COVI D-19, none of these changes impact the price

Source Selection Info - See FAR 3 .104 & FAR 2.101 1 Page reasonableness of the underlying contract. The quoted price for each item is at or below the IDIQ not-to-exceed contract price, and the IDIQ contract pricing has been determined fair and reasonable by the contracting officer in accordance with FAR 13.106-3, 14.408-2, and Subpart 15.4.

(6) Any other facts supporting the justification.

This updated software license and corresponding hardware upgrade allows for an optimized treatment plan that includes faster treatment delivery, increased safety as the patient is on the table for less time, resulting in less movement and less damage to normal tissue. The Hyperarc upgrade can reduce a 45-minute treatment to about 15 minutes. This specialized software also prevents the gantry colliding with the patient minimizing instances where the technicians might need to move the gantry manually. The Hyperarc upgrade has been assessed by both Healthcare Technology Management and Radiation Safety Officer for effectiveness and reduced radiation exposure. This system will vastly improve patient care on VISN 2, Albany, NY Healthcare System's existing Varian Truebeam.

(7) 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.

(8) 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.

(9) 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 justifications are accurate and complete to the best of their knowledge.

(10) 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) since it is only one capable source. The supplies or services ordered are unique and or highly

21Page

SHEILA

HENDERSON

Digitally signed by SHEILA

HENDERSON

Date: 2024.06.12 13:31:41 -05'00'

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

Date

41Page