P03. Brand Name Only Justification_Redacted.pdf

Effective Date: 02/01/2022 Page 2 of 4

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer.

A brand name item, whether available from one or more sources, is an item peculiar to one manufacturer.

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The St. Cloud VA Imaging Department is replacing its current MRI with a Siemens Magnetom Aera

1.5 T which has already been purchased. The current MRI department will be shut down in December 2023 for the new construction project. The mobile unit requested will be utilized during the shutdown period for removal of the current MRI and installation of a new Siemens Magnetom Aera 1.5 T. The mobile MRI trailer containing the Siemens Magnetom Aera 1.5 T will remain in place for a period of 1 year (with One 2-Month Option) dependent upon construction completion.

The St. Cloud VA requires this solicitation to be a “Brand Name Only” request. The MRI purchased and scheduled to be installed at STCVAHCS will be a Siemens Magnetom Aera 1.5 T. The Siemens brand is required for transition of protocols and applications training so produced images are in the same format and same quality. Other brand name MRI units are unable to integrate with the currently fielded software and equipment already purchased for the new MRI facility. To have an MRI from a different manufacturer would require imaging staff to be trained on a unit other than the one the facility will use in the near future, and then require the staff to retrain on the Siemens, Magnetom Aera 1.5 T. Thus, doubling the costs for training and familiarization on the MRI and increasing the risk for errors and the need for corrective actions, like recalling patients for “retakes,” and more. Additionally, having two different brand name units in place during the anticipated increased demand would require that imaging staff be trained on both units representing the similar doubling of training costs and elevated risks for errors and increased costs to the facility. Additional training could potentially add delays in patient care. Using the same unit increases efficiencies, reduces confusion and the need for more than one manufacturer training and support programs.

The brand-name model requested is essential to the Government’s requirements, 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:

A Source Sought (unrestricted) was posted on SAM.gov from 10/12/23 to 10/22/23 to discover all possible sources. The Sources Sought produced 12 sources who expressed intention to participate in a future solicitation. Of the 12 respondents, 6 were certified SDVOSBs (Service Disabled Veteran Owned Small Business) surpassing the number required to utilize SDVOSB set-aside procedures.

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

Effective Date: 02/01/2022 Page 4 of 4

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 contracting office acknowledges that this procurement is unique and unusual and is a result of campus construction which caused the need to lease a Mobile MRI unit that matches, as much as possible, the MRI unit that is currently owned by the VA to ensure standardization, consistency of care and to lessen confusion, minimize errors and minimize care delays. We don’t forsee this situation occurring frequently or in the near future. Therefore, there is not much we can say about removing barriers to competition for the future procurements of this particular nature. However, we do commit to always attempting to perfom the requisite market research and to attempt to create as much competition as possible in every acquisition scenario.

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.

Name: Patricia Bienusa Date Title: COR/AUS Facility: St. Cloud VA Medical Facility

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.

Name: Curt LaRose Date Title: Branch Chief SST2 Facility: NCO 23

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Name: Travis Johnson Date Title: Division Chief

Facility: NCO 23

10/31/23

PATRICIA

BIENUSA

Digitally signed by

PATRICIA BIENUSA

Date: 2023.10.31 09:40:42 -05'00'

10/31/23

CURT

LAROSE

Digitally signed by CURT

LAROSE

Date: 2023.10.31 11:39:13 -05'00'

10/31/23

TRAVIS

JOHNSON

Digitally signed by

TRAVIS JOHNSON

Date: 2023.10 31 11:50:41 -05'00'