36C26120Q0143-001.pdf

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261‐20‐AP‐0326

1. Contracting Activity: Department of Veterans Affairs, Veterans Health Administration, Regional Procurement Office West, Network Contracting Office 21 on behalf of VA Northern California Health Care System

PR#: 612‐20‐2‐138‐0064

2. Nature and/or Description of the Action Being Processed: The action being reviewed and approved is for a firm‐fixed price purchase order for a period of base plus four option years.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This requirement is to purchase (Quantity 3) perpetual syngo.via licenses agreement for Siemens products to be used in conjunction with the following Imaging Modalities: (Quantity 4) CT Imaging systems Somatom

Emotion 16 SLICE, (Quantity 4) SPECT/CT Imaging systems Symbia T2 and T6, and (Quantity 1)

PET/CT Imaging systems Biograph mCT Flow throughout VA NCHCS with the intention of adding additional licenses should the situation arise, including installation and training. These licenses will also be upgraded at no additional cost once approved through the VA Technical Reference Model should a new revision number or updated version become available. This will be a new firm fixed price contract for a base plus 4 option years with an estimated contract value of $550,000.00.

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 FAR 6.302‐1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302‐2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302‐3;

( ) (4) International Agreement per FAR 6.302‐4 ( ) (5) Authorized or Required by Statute FAR 6.302‐5;

( ) (6) National Security per FAR 6.302‐6;

( ) (7) Public Interest per FAR 6.302‐7;

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 requirement is for licenses for the following Siemens products: Somatom Emotion 16 Slice, Biograph mCT Flow, Symbia T2, and Symbia T6. As the OEM, SIEMENS MEDICAL has been identified as the only vendor to authorize release and use their licenses for their highly specialized medical software application.

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018

Accordingly, Siemens Medical Solutions USA, Inc. is the only firm capable of providing the supplies and services 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 competition and unacceptable delays in fulfilling its requirements. This acquisition is essential to the Government’s requirements due to the medical equipments that the software will be utilized for (Siemens’ products) , thereby precluding consideration of a product manufactured by another company.

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

Sources Sought Synopsis: A sources sought synopsis for brand name or equal was issued on 11/18/2019 to 11/25/2019 under 36C26120Q0129. No repsonses were received by the closing date of the sources sought posting.

Other Actions: Although no responses were received during the period of the sources sought posting, an Intent to Sole source will be posted to ensure that offers are solicited from as many potential sources as deemed practicable.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The anticipated cost will be considered fair and reasonable and based on similar requirements, since there are no identical awards made for this software application. Negotiation will likely take place to ensure the final contract price will be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research efforts include VIP, FPDS, VA NAC catalog, Contract Opportunities, SAM, and consulting the manufacturer . Since there is limited information on this software application suite, a Sources Sought was posted on 11/18/2019 to 11/25/2019 for brand name or equal. No responses were received. There is no reasonable expectation that two or more SDVOSBs/VOSBs have the capability to meet this requirement, and the Supreme Court Kingdomware mandate’s “Rule of Two” was not met; nor do two or more other small business categories have the capability to fulfill the requirements.

As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

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

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

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: Market research, in accordance with FAR Part 10, will be conducted by synopsis of any future proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

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, OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018 which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Ghaith Hasan Date Acting Chief Biomedical Engineer VA Northern California Health Care System

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

a. 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.

Mandy Thompson Date Contracting Officer/ Branch Chief, Supply I

b. 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.

Brett Vegeto Date NCO 21 Chief, Division II

(Construction, Leasing, and Supply)

11/27/2019