P03_PM_Part806.3_Atch2_FAR6_JA_OVER_SAT_CARESTREAM_(002)_Redacted.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Page 1 of 4 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: 36C242-18-AP-4387

Contracting Activity:

Nature and/or Description of the Action Being Processed: New - Firm-fixed-price full service contract to cover support of the CARESTREAM DRX EVOLUTION SYSTEM at the VAMC Northport. The coverage period is DOA through September 30, 2019 + 4 Option Years.

Description of Supplies/Services Required to Meet the Agency’s Needs: This service contract is to provide hardware and software emergency repairs/corrections, routine corrective maintenance and preventative maintenance on the original equipment manufacturer’s equipment for a period of one year, Fiscal Year 2019 with 4 Option Years. Currently, Biomedical Engineering does not have factory trained and authorized staff to support this equipment.

Manufacturer/Contractor:

Manufacturer/Contractor POC & phone number: Melissa Stringham 585-627-6471

/Contractor Address: Carestream Health, Inc. | 150 Verona Street | Rochester | NY | 14608 | Dealer/Rep address/phone number: Carestream Health Inc. 1-888-600-3944 op1

Statutory Authority Permitting Other than Full and Open Competition:

(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;

OFOC SOP Revision 08 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

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

Only Carestream Health Inc. has access to their own Original Equipment Manufacturers (OEM) software, including revisions/updates designed to correct identified performance problems or software errors which are covered by the contract. The OEM is uniquely qualified to ensure that all updates are immediately available, properly installed and tested. A non-OEM authorized third-party vendor would not be notified of factory-issued software updates and upgrades. They would not have access to factory diagnostic software tools which could result in their inability to repair, and/or major turn-around-time delays in repair. Third–party service providers would not have access to copies of or knowledge of the OEM-proprietary software which resides on the system.

Non-OEM service provides would also not have factory-trained field-service representatives since do not offer training to third-party service providers or give them authorization to maintain their systems. A prior employee of the OEM working for a third-party would also not have access to the latest factory-issued circuit and software revisions and updates. The original equipment manufacturer (OEM) FSE s are fully-factory-trained, qualified and experienced in the maintenance inspections and repair requirements. Most importantly, the FSE s have a full understanding of the entire system, including its proprietary software and hardware components.

Indirect access to OEM-manufactured spare parts would jeopardize repair turn-around time, and that is if one can assume that the OEM will even sell the parts to a non-hospital organization such as a third-party service provider.

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

As this is a request for other than full and open competition, no other sources have been deemed suitable offerors, nor are we aware of any existing offerors which could possibly meet our needs other than the OEM, Carestream Health Inc.

7. Determination by the CO that the Anticipated Cost to the Government 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:

As this is a request for other than full and open competition, no other sources have been deemed suitable offerors, nor are we aware of any existing offerors which could possibly meet our needs other than the OEM, Carestream Health Inc.

OFOC SOP Revision 08 Page 3 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

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

10. 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:

A third-party source would never be qualified to support this system, per statements in Paragraph 5;

therefore, there are no barriers to be removed to open competition.

11. 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: Date Title: Biomedical Engineer Facility: Northport VAMC

12. 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.

Date

Name:

Title: Contracting Officer Facility: NCO 2

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.

Date

Name:

Facility

Date: 2018.10.11 15:16:08 -04'00'

X ay

Digitally signed by

Date: 2018.11.14 15:11:32 -05'00'

Digitally signed by Date: 2018.11.14 15:33:14 -05'00'

OFOC SOP Revision 08 Page 4 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

c. VHA SAO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Name Date VHA Head of Contracting Activity (HCA)

d. VHA Senior Procurement Executive Approval (over $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Jan R. Frye Date Deputy Assistant Secretary for Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs