36C25022Q0017_3.docx

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

GENERAL INFORMATION

Network 10 Contracting Office LTC Charles S. Kettles VA Medical Center 2215 Fuller Road Ann Arbor, MI 48105

POINT OF CONTACT*

Contracting Officer Kelly Poole kelly.poole@va.gov 734-222-6177

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Special Notice Special Notice

DESCRIPTION

Special Notice

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-21-AP-5585

1. Contracting Activity: Department of Veterans Affairs, VISN 10, LTC Charles S. Kettles Medical Center, 2215 Fuller Road, Ann Arbor, MI 48105. The 2237 number is 506-22-1-1527-0026.

2. Nature and/or Description of the Action Being Processed: This is a request for a new firm-fixed price contract to Varian Medical Systems (3100 Hansen Way, Palo Alto, CA 94304; 800-544-7450). FAR 13.5 Simplified Procedures for Certain Commercial Items: 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: Software maintenance and hosting services on the software serving the Varian Medical Linear Accelerator System that is located at the LTC Charles S. Kettles VA Medical Center Radiation Oncology Service. This system is utilized for patient data management and treatment planning. The contractor will provide maintenance of the software and hardware to include: system components and licensing, backup and snapshot management, antivirus software, remote system monitoring, infrastructure software upgrades, and anti-obsolescence of hardware and software to ensure the system is kept at required performance levels. This system is a unique tool that is vital to the LTC Charles S. Kettles VA Medical Center’s infrastructure due to the patient data management and treatment planning. Total aggregate cost of base plus one (1) option year is $640,000.00. Period of performance will be 3/15/2022 – 3/14/2024.

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

(X) 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): Varian Medical Systems is the only firm in existence capable of providing the hardware and service support implementation described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competion. There would be unacceptable delays in fulfilling this requirement though a different source. This is the only vendor found through market research that offers this solution. The closest competitors are Siemens and Philips and they do not offer a solution like Varian Medical Systems. Also, Varian Medical Systems has the proprietary software and hardware currently in use with the linear accelerators with which this implementation must interface. It is imperative to keep the system functioning at its best in order to provide Radiation Oncology services to our veteran patients, and at this time it can only be achieved through Varian Medical System’s full implementation solution.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A sources sought announcement was issued on Beta.SAM.gov (36C25022Q0017), and zero responses were received.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost to the Government will be determined to be fair and reasonable through comparison with the previous contract with Varian Medical Systems for identical services. 36C25020C0068 listed a price of $24,900.00/month for the software hosting services. An RFQ will be sent to Varian Medical Systems for their completion, and the Contracting Officer will compare the breakdown of expenditures in the RFQ response to the previous contract to ensure fair and reasonable pricing. In addition, the Contracting Officer will utilize any other price analysis techniques identified in FAR 13.106-3(a)(2), as necessary, to determine a fair and reasonable price.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The Contracting Officer (CO) searched the internet for applicable contracts or an open market competitor that could provide the services required and was unable to locate one. Additionally, an initial screening of potential offerors was conducted by publication of a sources-sought synopsis in Beta.SAM.gov (issued on September 20, 2021; 36C25022Q0017) and no entities replied. Furthermore, a query of the Vendor Information Pages (VI) was conducted using NAICS code 541519 alone and 2561 SDVOSBs/VOSBs resulted. A subsequent search using NAICS code 541519 and keyword “Varian” returned one result, but this entity does not have proprietary rights to perform the work. The VA Rule of Two cannot be met, as Varian Medical Systems is the only responsible source capable of performing the requirement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None

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 VA will research the market prior to any purchases for these services to determine if there are any other sources with the capabilities to meet the Government’s requirements. However, until such time as the equipment reaches the end of its useful life or the Government decides to replace the equipment useful life, there do not appear to be any actions which the Government can take to overcome any barriers to competition.

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.

Signatures on file

OFOC SOP Revision 11 Page 4 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021