36C24720Q0166-001.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP

OFOC SOP Revision 09 Page 1 of Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C247-19-AP-5332

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Network (VISN) 07, Atlanta Healthcare System (VAHCS) Atlanta VA Medical Center, 508-20-4-2041-0044

2. Nature and/or Description of the Action Being Processed:

This is a new requirement for Atlanta VAHCS Radiology Service requires on-site, high volume Magnetic Resonance Imaging (MRI) and Positron emission tomography–computed tomography (PET/CT) services to be performed to ensure outpatient wait times do not affect negative patient outcomes due to the high demand at the Atlanta VAHCS. The resulting award for this requirement will result from a 100% Service-Disabled Veteran-Owned Small Business set-aside.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement will establish a Firm-Fixed-Price (FFP) contract for mobile MRI and PET/CT services in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of

FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The services will be provided for a base period of one (1) year with four (4) additional option years to exercise if a need exist. The estimated period of performance and total estimated value of the proposed action is:

PERIOD AMOUNT $

Base Period 7/26/2020 – 07/25/2021 Option Year One (1) 7/26/2021 – 07/25/2022 Option Year Two (2) 7/26/2022 – 07/25/2023 Option Year Three (3) 7/26/2023 – 07/25/2024 Option Year Four (4) 7/26/2024 – 07/25/2025

Total Contract Value Including All Options

This is a brand-name only new requirement for mobile MRI and PET/CT services to be performed for the Atlanta VA Medical Center. The mobile services will be alternated between MRI and PET/CT on an as needed basis. The equipment that these services shall utilize are as follows:

EQUIPMENT

PET / CT Siemens Vision or Biograph MRI – Siemens Magnetom Avanto fit / Aera 1.5T MRI – Siemens 3T Skura Fit CT – Siemens Edge Plus Mammography - Hologic Selennia

The vendor will provide a 48-hour turn-around time or change-out for additional mobile services that may or may not include CT, PET/CT, Cardiac PET/CT, and Mammography, in lieu of the MRI

OFOC SOP Revision 09 Page 2 of Original Date: 03/22/11 Revision 09 Date: 04/17/2020 service and is to include all specialty modality staffing. In addition, when providing PET/CT services, the hospital requires an existing source and random-access memory (RAM) license for FDG and radiopharmaceuticals is readily available. Back-up Registered Technologist staffing are available when needed so that there is no delay in care. Any new additional staffing availability is preferred within 4-5 days of request. All required Technologist staffing be current in licenses, credentialing and service training. Vendor is to attend all quarterly reviews with Atlanta VAHCS staff at the main facility for quality review and evaluation of imaging. Local operational support proximity is 30 miles or less to the main facility / Arcadia Clinic, with response time of less than 30 to 45 minutes. All contracted equipment will undergo manufacturer upgrades and scheduled preventative maintenance at the vendor suggested time and or when needed, allowing a (7) to (10) day notice to the facility prior to commencing to ensure proper notification to reschedule.

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 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

This contract is a brand-name only requirement that must utilize the equipment listed in section II when providing these services. The Siemens equipment needed is comparable to the existing equipment furnished at the Atlanta VA Medical Center for MRI imaging and PET/CT and is the only acceptable brand to standardize equipment used within the facility and surrounding facilities.

Accordingly, the Siemens equipment described in Section II is the only brand that can fulfill the Governments needs without the Veteran’s Health Administration experiencing unacceptable delays in fulfilling its requirements by having to re-train VA personnel on a different brand equipment, integrating new software to VA Systems, and equivalent operational quality to ensure imaging protocols are consistent with the Atlanta VAHCS operations. The following businesses have stated they have the capability of utilizing Siemens equipment while providing this service:

BUSINESS NAME SOCIOECONOMIC

GROUP

CAPABILITY TO

UTLIZE SIEMENS

Mystic Ventures Group, LLC

SDVOSB Yes

Trilled LLC SDVOSB Yes Bronze Star, LLC SDVOSB Yes Patriot, LLC SDVOSB Yes

OFOC SOP Revision 09 Page 3 of Original Date: 03/22/11 Revision 09 Date: 04/17/2020

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Sources Sought Notice A sources sought was posted to the Government Point of Entry (GPE) under 36C24720Q0438 dated 04/08/2020. The notice utilized North American Industry Classification Code System (NAICS) 339112 Diagnostic Imaging Center sand product service code (PSC) Q522 Medical-Radiology.

Multiple businesses responded to the notice which is outlined below:

BUSINESS NAME SOCIOECONOMIC

GROUP

Mystic Ventures Group, LLC

SDVOSB

TrillaMed LLC SDVOSB Bronze Star, LLC SDVOSB Patriot, LLC SDVOSB Alliance Healthcare Large

Although Bronze Star and Patriot did not directly respond to the sources sought, Alliance Healthcare, a large business, responded that TrillaMed, Bronze Star, and Patriot are all authorized distributors and service providers for them.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer (CO) anticipates the Government will be provided fair & reasonable price through competition on the open market. Historical pricing of similar service and the Independent Government Cost Estimate (IGCE) will be utilized in developing this determination.

Pricing given for the period of performance 07/26/2018 – 07/25/2019 under contract 36C24718F1567 is as follows:

DISCRIPTION QUANITY UNIT UNIT PRICE TOTAL AMOUNT

Mobile PET / CT and MRI

12 MO $63,000.00 $756,000.00

The anticipated proposed price for the same service will be evaluated against the monthly rate of the prior contract.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Vendor Information Pages (VIP) A search conducted on Vendor Information Pages (VIP) using NAICS code 339112 keyword ‘Mobile MRI’ returned sixteen (16) SDVOSB / Veteran-Owned Small Business (VOSB) for the search;

however, capability of providing this service can’t be determined solely from these results.

Prior Market Research for Service Market research conducted for Mobile MRI & PET/CT services for the Atlanta VA Medical Center dated 08/06/2019, resulted in an SDVOSB set-aside. Market research concluded that there was enough competition to meet the VA Rule-of-Two while obtaining a fair & reasonable price through competition.

BUSINESS NAME SOCIOECONOMIC GROUP

TrillaMed LLC SDVOSB, VOSB VA Care Inc Small Business Bronze Star SDVOSB

OFOC SOP Revision 09 Page 4 of Original Date: 03/22/11 Revision 09 Date: 04/17/2020

Acquisition History for Similar Service Similar service procured for the Atlanta VA Medical Center. This contract was awarded for a one (1) year period of performance (POP).

BUSINESS NAME AWARD # AWARD $ SOCIOECONMIC

GROUP

TrillaMed, LLC 36C24718F1567 $756,000.00 SDVOSB

Results Market research conducted showed multiple SDVOSB’s can provide the service required by the Government while utilizing Siemens equipment, meeting the VA rule-of-two.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

Siemens equipment and software is utilized throughout the Atlanta VA Medical Center for MRI and P ET/CT’s. This software and equipment are connected to the VA network and has been properly vetted and signed off by the Information and Security Office (ISO). Utilizing any equipment or software other than Siemens would require proper vetting and would cause a lapse in service and be counterproductive to the VA’s effort of standardizing equipment at the hospital. Although this will not be solicited as full and open, it will be 100% set aside for SDVOSB’s and meets the competitive requirements of the VA rule of two.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

The following SDVOSB’s have expressed an interested in providing Mobile MRI and PET/CT services while utilizing Siemens equipment:

BUSINESS NAME SOCIOECONOMIC

GROUP

Mystic Ventures Group, LLC

SDVOSB

TrillaMed LLC SDVOSB Bronze Star, LLC SDVOSB Patriot, LLC SDVOSB

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:

The Department of Veteran Affairs will continue to seek additional vendors capable of providing these services in future procurements. It will also review the possibility of vetting other equipment and software to be utilize at this facility.

OFOC SOP Revision 09

Page 5 of Original Date: 03/22/11 Revision 09 Date: 04/17/2020

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and 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.

Sally Vaughn

Date

Radiology AO Atlanta VA Healthcare System

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Sheryl D. Harris Date Contracting Officer

NCO 7

One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Date

Prudence Y. Howard Director of Contracting

NCO 7

VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Joseph P. Maletta Executive Director Regional Procurement Office – East (RPO-E)

Date

JOSEPH MALETTA

1347841

Digitally signed by JOSEPH

MALETTA 1347841

Date: 2020.05.04 08:36:29 -04'00'