36H79719D0002-002.pdf

DEPARTMENT OF VETERAN AFFAIRS

Office of Acquisition and Logistics

National Acquisition Center

P.O. Box 76

Hines, IL 60141

Justification for an Exception to Fair Opportunity

FAR 16.505(b)(2)(i)(C) – Logical Follow-on

(1) Identification of the agency and the contracting activity.

This Acquisition will be executed by the Department of Veteran Affairs, National Acquisition Center

– National Contract Service, High Tech Medical Equipment Ordering Division, for the Department of

Veterans Affairs, VISN 8, VAMC Orlando, FL.

(2) Nature and/or description of the action being approved.

The VISN 8, VAMC Orlando, FL. intends to issue a sole-source delivery order against Indefinite

Quantity contract 36H79719D0002, awarded to Varian Medical Systems for the purchase of Brainlab

Software upgrade to support Radiation/Oncology Service at the VISN 8, VAMC Orlando, FL, Healthcare system.

(3) A description of the supplies or services required to meet the agency’s needs, including the estimated value.

The BrainLab Elements Cranial stereotactic radiosurgery (SRS) upgrade, quickly and automatically creates stereotactic radiosurgery plans for complex cranial indications, enabling both fast planning and delivery without compromising treatment quality by leveraging a 4π optimization algorithm.

Elements Multiple Brain Mets SRS simply and efficiently creates an extremely powerful treatment that enables the user to treat multiple metastases in the same amount of time with the same effort.

With Elements Contrast Clearance Analysis, differentiation of brain regions with high and low vascular activity is quickly made visible, helping the decision-making process in most brain tumor cases. Elements Spine SRS offers clinical efficiency during planning and delivery, including co-registration between MR and CT in complex regions, consistent and accurate target definition, and automatic creation of highly conformal dose. On the positioning and monitoring side, ExacTrac X-

Ray provides precise target control by enabling highly accurate patient positioning as well as intrafractional position monitoring to help clinicians deliver fast, precise image-guided radiation therapy (IGRT).

The estimated cost of this procurement is $377,527.00.

(4) An identification of the exception to fair opportunity (see 16.505(b) (2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualification or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g. in terms of scope, period of performance, or value).

The order will be issued on a sole-source basis as a logical follow-on to delivery order V797P-6071B, in accordance with FAR 16.505(b)(2)(i)(C). Delivery Order 36A79720N0092 will be awarded under

IDIQ contract 36H79719D0002.

The hardware and software are on linear accelerator 1 and we are now putting it on linear accelerator

2. Brainlab and Varian were one company back in 2011 and since then they have separated and became their own individual company. The original purchases were so intimately tied together that they were submitted as two parts of the same purchase order, 675-B17023A and B17023B. The

Linear Accelerator will not be able deliver radiation safely and will not function if the upgrades are not done simultaneously. Without this upgrade it will hinder Radiation Oncology to perform its life saving mission. The additional hardware and software needed must be compatible with the current systems, and BrainLab is the only vendor that can provide them. It would become a work stoppage if the hardware and software are utilized from BrainLab.

(5) A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

All items are currently on the vendor’s HTME IDIQ contract. The quoted price for each item is at or below the contract price and is considered fair and reasonable.

(6) Any other facts supporting the justification.

None.

(7) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

Future requirements will be handled on a case by case basis and all attempts will be made to provide fair opportunity to all contract holders when appropriate.

(8) The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

By signing this justification, the Contracting Officer hereby certifies that the justifications are accurate and complete to the best of their knowledge.

(9) Evidence that any supporting data that is the responsibility of the technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

By signing this justification, the requiring activity hereby certifies that the justifications are accurate and complete to the best of their knowledge.

(10) A written determination by the approving official that one of the circumstances in (b)(2)(i)(A) through (F) of this section applies to the order.

Based on the information contained herein, a determination has been made that this requirement meets the exception at FAR 16.505(b)(2)(i)(C) since it is a logical follow-on to an order already issued under the contract. All awardees were given a fair opportunity to be considered for the original order.

CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION:

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that any supporting data that is my responsibility and which forms a basis for the justification is complete and accurate to the best of my knowledge and belief.

Jay Patterson Date

Facility Biomedical Engineer

Biomedical Engineer

CONTRACTING OFFICER CERTIFICATION:

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that the justification is complete and accurate to the best of my knowledge and belief.

Glennis M. Haynes Date

Contracting Officer

VA National Acquisition Center – Hines

High-Tech Medical Equipment Ordering Division

Monica E. Mende Date

VA National Acquisition Center – Hines

Chief, High-Tech Medical Equipment Ordering Division