36C25518C0160-002.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For Other Than Full and Open Competition

1. Contracting Activity: Department of Veterans Affairs, VISN 15, Robert J. Dole VA Medical Center, and Wichita, Kansas 67218. PR IFCAP: 589-18-2-4731-0282

2. Nature and/or Description of the Action Being Processed: This Justification for Other Than Full and Open Competition is to procure a full-service and support, preventive maintenance, and services, repairs and replacement parts, contract for the following:

SIEMENS BIOGRAPH MCT- S64 EE 188657.

A new, firm-fixed price contract is contemplated for a base year period of one year plus three(3), one-year option periods. The base year is expected to begin May 25, 2018 through May 24, 2019. The estimated base year value is $185,912.00 and total estimated value for the base plus three (3) option years is $743,648.00.

3. Description of Supplies/Services Required to Meet the Agency's Needs: Provide all labor, personnel, equipment, tools, materials, and services necessary to repair and return to full operability as well as manufacturer specifications.

All services provided must meet manufacturer's performance and technical specifications, federal regulations, and other specifications that may apply such as National Electric code (NEC), Life Safety Code (LSC), Joint Commission (JC), and VA Regulations.

4. Statutory Authority Permitting Other than Full and Open Competition: Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per

FAR 6.302-1.

5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Siemens Medical Solutions USA Inc. is the original equipment manufacturer. The software is proprietary and highly specialized. The system provides a critical communication link between the caregiver and the patient. There may be others who can perform the basics of this request but none other than the requested vendor can, without extreme delays and substantial duplication of cost to the government and possible impairment of the healthcare delivery capabilities of this facility navigate through this system sophisticated password arrangement to access the necessary software. Siemens Medical Solutions USA Inc, being the original equipment manufacturer, already has the software, software permissions.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market Research was conducted using GSA Advantage, Sources Sought, Small Business Dynamic Search, SAM, FBO, VIP, and FPDS. NO response allows me to believe that only Cassling Diagnostic Imaging, Inc (Coi) can provide the requested service agreement. COi is duly authorized to sell and service medical equipment is manufactured by Siemens Medical Solutions USA, Inc. or its affiliates in the State of Kansas. COi is the only vendor in Kansas that is OEM trained to work on this equipment.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The nature of this service is non-competitive and as such the only basis to determine fair and reasonable price is (past) history. The contracting officer, after review and consultation with appropriate technical personnel, will ensure that the price paid for the service is fair and reasonable. In accordance with FAR 15.403-1, this is a commercial service and cost and pricing data is not required.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: In accordance with FAR Part 10.002, market research was conducted to identify any other potential sources for the above mentioned requested services. Market research was conducted for current award, previous awards, a search of other VISN contracts within the VHA and other agency contracts available on the Federal Business Opportunities (FOB) website. In addition, a search of the VETBiz.gov website yielded no results, nor did an SBA Dynamic Small Business Search or a general internet search.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This is a major system that is critical to the healthcare delivery capabilities of this facility. If another company receives the contract to provide the requested service and do not have the software, software permissions, and knowledge to navigate through every aspect of the proprietary software; considerable, unacceptable delays will occur. Because of the critical diagnostic nature (possibly life saving) of this major system and the need to have software passwords, without which will cause considerable delays, and possibly substantial duplication of cost to the government when the delay will cause loss of communications between the caregiver and the patient.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No source expressed, in writing an interest in the acquisition.

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: This is a unique technology. The manufacturer has specified the software/tools are proprietary. Market research will be conducted prior to future procurements to determine if other contractors are able to provide these services.

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.

James T.

Dunlap

Digitally signed by James T. Dunlap 194564 Date: 2018.05.08 11 :47:29 -05'00' Date

Supervisor, Biomedical Engineering Robert J. Dole VAMC 5500 E. Kellogg Wichita, Kansas 67218 Phone: (316)685-2221 ext. 53739

FAX: (316)681-5545

13. Approvals in accordance with FAR 6.304

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

JANIE JUSZCZAK

CONTRACTING OFFICER

VISN 15

Date

b. Contracting Supervisor: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

WILLIAM WEBB Date

BRANCH CHIEF GENERAL SERVICES TEAM I

VISN 15