SPE2D1-17-D-0027-001.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C255-19-AP-0169

1. Contracting Activity: Department of Veterans Affairs, VISN 15, St. Louis Medical Center, 915 N Grand Blvd, St. Louis, MO 63106-1621.

a). 2237 - 657-19-2-1110-0024

2. Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 251 and 40 U.S.C. 501).

a). This is a request for a sole source firm-fixed price contract to Hologic, 35 Crosby Drive, Bedford, MA 01730, (781) 999-7300, for the Hologic Mammography Equipment Services & Support.

b). This contract will be for a base plus four (4) option years commencing on February 1, 2019 and expiring on January 31, 2020.

c). The estimated value of the proposed action is $88,145.00 and $440,725.00 with four options.

3. Order against: DLA Contract Number: SPE2D1-17-D-0027 Name of Proposed Contractor: Hologic Inc.

Street Address: 35 Crosby Dr.

City, State, Zip: Bedford, MA 01730

Phone: (303) 589-4218

4. Description of Supplies or Services:

a). The St. Louis VA Health Care System requires a service contract for the maintenance of the Hologic Mammography Systems in accordance with SPE2D1-17-D-0027. Services include annual preventative maintenance, second response troubleshooting, parts replacement and unlimited technical support. All labor shall be completed by an Hologic- trained technician(s).

https://www.gpo.gov/fdsys/pkg/USCODE-2009-title41/pdf/USCODE-2009-title41-chap4-subchapIV-sec251.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf

VHAPM Part 808.405-6 Limiting Sources Page 2 of 4 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

As per OEM manufacturer: Hologic designs, develops and manufactures all software for their products. These are proprietary products, not available from other sources; Hologic does not authorize any third-party service providers, except for our authorized dealers, and Hologic factory trainer hospital Biomed Engineers, to provide service for any of our products.

(4) IDENTIFY THE AUTHORITY AND SUPPORTING RATIONALE (see 8.405-6(a)(1)(i)(A), (B), and

(C) or 8.405-6(b)), AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED

CONTRACTOR’S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE.

(CHECK ALL THAT APPLY AND COMPLETE)

An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

a). The Hologic Mammography Systems are proprietary to Hologic. These units can only be maintained and repaired through OEM access. Proprietary diagnostic software and parts may be required, which can only be accessed through the OEM. Hologic is the original equipment manufacturer (OEM) and only source that can fully provide all service, repair, and replacement parts for the equipment. The Hologic Mammography Systems are proprietary to Hologic; only certified Hologic service engineers can properly inspect certify and return the unit to manufactures specifications.

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is: Hologic designs, develops and manufactures all software for their products. These are proprietary products, not available from other sources. Hologic does not authorize any third-party service providers, except for their authorized dealers, and Hologic factory trained hospital Bio-Engineers, to provide service for any of their products. (If FAR 8.405-6(a)(2)(iii) before posting. Do not include specific proprietary data. Only mention the type of equipment, procedure, etc. to show that proprietary supplies or services are being procured.)

These are “direct replacements” parts/components for existing equipment.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html#wp1091891 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html#wp1091891

VHAPM Part 808.405-6 Limiting Sources Page 3 of 4 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Describe the equipment/function you have now and how the new item/service must coordinate, connect, or interface with the existing system.

(5) DESCRIBE WHY YOU BELIEVE THE ORDER REPRESENTS THE BEST VALUE CONSISTENT WITH

FAR 8.404(d) TO AID THE CONTRACTING OFFICER IN MAKING THIS BEST VALUE

DETERMINATION:

The Mammography Imaging Equipment and Ancillary Equipment is critical for continuous patient care at the women’s centric division in Diagnostic Imaging Services at the VA Medical Center and the reliable and accurate operation of the equipment at all times is considered critical to the health of patients. It is imperative that we have a maintenance agreement to preserve our investment in this equipment, that we can continue to provide these critical services. The software and preventive/corrective maintenance is proprietary to the vendor; the essential services described above can only be obtained from this vendor. As a result, this order has been determined to represent the best value to the government.

(6) DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

The software and preventive/corrective maintenance is proprietary to Hologic Inc., and they do not train, or authorize, any other company to perform services or updates on their equipment. No other vendors supply the needed services provided by this contract, therefore the market research that was conducted validated that only Hologic Inc., under DLA Contract # SPE2D1-17-D-0027 can provide these services.

(7) ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

This equipment was purchased to provide Diagnostic Imaging Services to ensure the best possible medical care for our Veterans. The system requires on-going maintenance and software support to keep it running, and to ensure its capabilities are used in the most optimal manner.

Without a maintenance and support agreement in place, the equipment will become less reliable and useable, negating our existing investment. Since this is proprietary, the required services to be provided under this contract are available only from this vendor.

(8) A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE: None

(9) 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

VHAPM Part 808.405-6 Limiting Sources Page 4 of 4 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018 my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

SIGNATURE DATE

NAME TITLE SERVICE LINE/SECTION

FACILITY

(10) APPROVALS IN ACCORDANCE WITH THE VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

a. CONTRACTING OFFICER’S CERTIFICATION (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

CONTRACTING OFFICER/DESIGNEE’S SIGNATURE DATE

NAME AND TITLE FACILITY

Nikki Beitenman Biomedical Engineer Technology & Innovation Service

St. Louis VA Medical Center

1/4/2019 https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx