36C26119Q0629-001.pdf

VHAPM Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

VHAPM Part 813.106 Page 1 of 1 Original Date: 08/30/17 Revision 01 Eff Date: 04/23/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106‐1 For

Over Micro‐Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID:_36C2611‐19‐AP‐3410

1. Contracting Activity: Department of Veterans Affairs, VISN 21, VA Sierra Pacific Network. 3230

Peacekeeper Way, Bldg. 209, McClellan CA 95652.

2237 Number: 662‐19‐3‐7175‐0013

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

The contractor will engineer, deliver, install, and integrate a new chiller with the Siemens Magnetom 7 Tesla Magnetic Resonance Imaging (MRI) System. The proposed vendor is:

Siemens Medical Solutions USA, Inc.

40 Liberty Boulevard Malvern, PA 19355

Estimated amount is $174,000.00

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

In accordance with FAR 13.106(b)(1)(i), Siemens Medical Solutions, Inc. is the only source that can provide these services.

Siemens has the current maintenance and service contract to maintain their proprietary MRI system at the San Francisco VA (see attached 36C26118F1934). This system consists of multiple components, software, and hardware. On 8 May 2019, it was verified via email that only Siemens engineers can work on the MRI (see attached). Siemens is the Proprietary System Management Agent of the system and having another vendor service this system will void all existing warranties currently on the system as well.

4. Description of market research conducted and results or statement why it was not conducted:

As stated in the previous item, it was verified and documented with Siemens that there are no other authorized sources who can meet the requirement.

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106‐1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Name: Michael S. Anda Title: Contracting Officer

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 7

662-18-3-851-0090

SPE2D1-17-D-0023

07-01-2018 36C26118F1934

Thomas McLain 702-791-9000 x18929

00261 Department of Veterans Affairs Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086 Thomas McLain

(702) 791-9000 x18929

X

811219

$20.5 Million

Net 30 Days

X

N/A

See Delivery Schedule

00261

Network Contracting Office 21 Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086

0E2E6

SIEMENS MEDICAL SOLUTIONS USA, INC.

NUCLEAR SYSTEMS GROUP

40 LIBERTY BLVD

MALVERN PA 19355

Sean Carter

(916) 788-2946 103231817

Financial Services Center P.O. Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Annual preventative maintenance for Siemens Magnetom 7T TESLA MRI System at VAMC San Francisco, CA.

Reference Purchase Order Obligation No. 662-D85012 on all invoices.

Reference Siemens Quote # 1-MWTMEH

$237,825.00 See CONTINUATION Page

Mark Mikus

SPE2D1-17-D-0023 36C26118F1934

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

A.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

A.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

A.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 YR $237,825.0000 $237,825.00

1 7T MAGNETOM SILVER SERVICE CONTRACT FOR THE PERIOD

7/01/2018 TO 06/30/2019 (BASE YEAR). Includes parts and/or labor for services as stated in exhibit A of the quote.

Contract Period: Base POP Begin: 07-01-2018 POP End: 06-30-2019

LOCAL STOCK NUMBER: 400-368556

1001 1.00 YR $237,825.0000 $237,825.00

1 7T MAGNETOM SILVER SERVICE CONTRACT FOR THE PERIOD

7/01/2018 TO 06/30/2019 (BASE YEAR). Includes parts and/or labor for services as stated in exhibit A of the quote.

Contract Period: Option 1 POP Begin: 07-01-2019 POP End: 06-30-2020

LOCAL STOCK NUMBER: 400-368556

GRAND

TOTAL

$475,650.00

ACCOUNTING AND APPROPRIATION DATA

ACRN APPROPRIATION

REQUISITION

NUMBER AMOUNT

1 662-368/90161-851-815000 Cooperative Stud-2580 Non-Medical Contracts \T\ A-850010109

662-18-3-851-0090 (P) $237,825.00

FAR

Number

Title Date

852.203-70 COMMERCIAL ADVERTISING MAY 2018

A.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 Days days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years.

(End of Clause)

A.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the

Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

A.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of California. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

CONTINUATION PAGE

STATEMENT OF WORK

I. Scope and purpose of the Contract

The Contract is a service contract for the Siemens Magnetom 7 Tesla MRI system (serial 18971), which is overseen by the Center for Imaging of Neurodegenerative Diseases (CIND) at the San Francisco VA. The Siemens Magnetom 7 Tesla MRI system is a whole body, state-of-the-art research MRI system that supports research being performed not only at the San Francisco VA, but also by researchers at the University of California, San Francisco, and the University of California, Berkeley. The purpose of the service contract is to maintain the 7 Tesla MRI system in peak operating condition so that it continues to meet its operating specifications. The equipment covered includes the magnet, computer, and all other electrical components and accessories supplied by Siemens.

II. Description of Work

The Contract includes regularly scheduled visits by Siemens trained service personnel to ensure that the instrument continues to perform to its operating specifications, and to make repairs if any specifications are not met. In addition, in the case of any failures, Siemens personnel are required to respond by phone within one hour of being notified of such failure, and in person within eight hours of notification, over the duration of the principle coverage period (8:00 am to 5:00 pm, M-F). Any needed parts must be delivered by the next day.

III. Unusual Conditions

None.

IV. Location

The location is room BA56-203.

V. Period of Performance:

Base Period: 7/1/2018 through 6/30/2019 OY 1 Period: 7/1/2019 through 6/30/2020

VI. Government furnished items

None.

VII. Inspection Requirements

Siemens must provide results of any service that demonstrates the equipment performs satisfactorily.

The regularly scheduled visits are coordinated with the Center for Imaging of Neurodegenerative Diseases (CIND) so as to not interfere with scheduled research studies.

VIII. Evaluation Criteria

The most important factor for the service contract is the technical capabilities of the service personnel. The MRI system is a very expensive and complex instrument, and it is essential that the instrument be highly reliable and maintained in its top operating specifications for the research being performed be successful. The service must be performed by Siemens trained service personnel.

Siemens has provided service contracts for Siemens MRI systems at the VA for over the last 20 years, and has always provided excellent and reliable service.

IX. Other

This is a sole source request, and a justification has been submitted. Funds necessary for this contract are available, and all required approvals have been obtained.

From:

To: Anda, Michael S.

Subject: [EXTERNAL] RE: Siemens Magnetom Terra 7t MRI Scanner Date: Wednesday, May 8, 2019 7:15:48 AM

Hello Michael –

You are correct, only Siemens engineers can work on the MRI.

Key Account Executive

From: Anda, Michael S. [mailto:Michael.Anda@va.gov] Sent: Tuesday, May 7, 2019 3:29 PM To: @siemens-healthineers.com> Subject: Siemens Magnetom Terra 7t MRI Scanner

Hi , We’re in the process of putting together the procurement package to replace the chiller for the subject MRI machine and I had a question. Does Siemens authorize any other vendors to work on the MRI machine to replace the chiller?

In my experiences, Siemens does not, but I just wanted to verify for my research.

Thank you, Mike Anda Contracting Officer United States Department of Veterans Affairs 3230 Peacekeeper Way Bldg 209 McClellan, CA 95652 916-923-4543